By Carole Hornsby Haynes, Ph.D.
A decision was handed down by the Supreme Court in 1982 that would forever change America – and quite possibly will result in the downfall of the greatest nation on earth.
In Plyler v. Doe, the court ruled that children of illegal aliens have a “constitutional right” to a free and appropriate public education with equal protection of the law under the 14th Amendment.
That decision has reeked destruction upon our culture and economy. Since 1982, states have been forced to pay for the public education of thousands of illegal immigrant children in American schools nationwide, even if they never gain legal status upon graduation.
A few activist judges decided for hundreds of millions of Americans that we must support citizens of other nations, regardless of whether we are financially able and even if we neglect our own citizens in the process.
What other civilized nation in the world will do this?
Until 1982, America understood the 14th Amendment as the U.S. Congress intended it. Ratified in 1868, the amendment states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Its purpose was to overrule the Dred Scott decision, which declared that African-Americans could not be citizens.
American Indians were denied citizenship initially because they were subject to the jurisdiction of their own tribal governments and not to the United States.
According to the wording of the14th Amendment, a woman who was not born or naturalized in the U.S. is not a citizen and is not subject to the jurisdiction of the U.S. If that woman gives birth to a baby on U.S. soil, the baby is subject to the jurisdiction of the mother’s country and not to the U.S. Therefore, the baby cannot automatically be an American citizen.
That is, not until Plyler v. Doe gave automatic U.S. citizenship to anyone born on U.S. soil regardless of the citizenship status of the parents.
Now, because of activist Supreme Court justices seeking to rule Americans from the bench by judicial supremacy, illegal pregnant women can come to U.S. soil to give birth with the tab picked up by taxpayers, who also include baby gifts of U.S. citizenship with all American rights and privileges.
American taxpayers provide lucrative baby gifts of free medical care, free education, food stamps and Temporary Assistance to Needy Families. States also offer taxpayer benefits.
Employers hire illegal workers even though it is prohibited. To prove employee legal status, employers are required to use the paper-based I-9 form system which is easy to defraud. Some ICE offices merely go through the motions of a field audit to give the Obama administration numbers to claim it is vigorously enforcing the law. Even fines have been reduced for some of the offenders.
Not only are large numbers of illegal aliens crossing our southern borders in a steady flow, but a new industry has been spawned – “birth tourism” – with expectant mothers from all over the world coming to give birth in the U.S. for the purpose of obtaining citizenship.
Next chain migration begins when the “anchor baby” reaches adulthood and is free to legalize his parents, a foreign spouse and foreign siblings all of whom can, in turn, bring in the whole family entourage.
One way to stop this madness is to join other nations of the world that have eliminated birthright citizenship, including the United Kingdom, Ireland, India and Australia.
Blame can be laid squarely at the feet of Congress and the courts.
Under the Constitution, judges are to uphold the Constitution, not legislate as they did in Plyler v. Doe. Judges have no authority under the Constitution to make or enforce legislation – they can only interpret it. Yet Americans are expected to meekly obey the court’s decision even if it violates the Constitution.
According to Amendment XIV, Section5, “Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.”
Congress itself is in violation of the Constitution. They have clearly abdicated their responsibility and snubbed their collective noses at the American people.
Congress continues to pass legislation offering taxpayer benefits to illegal aliens. These programs are burdening Americans with trillions of dollars of debt to pay for the upkeep of people who willfully break our laws and then demand extensive financial support and American citizenship – along with demands for making Spanish the official language of America.
We can stop this insanity immediately if we have a Congress with a spine and a will to protect the American people.
Any member of Congress or the judiciary – Supreme Court justice or federal judge – who violates his or her sacred oath to uphold the Constitution is a traitor and must be removed through the ballot box or impeachment.
After the voters’ repudiation of the liberal agenda in 2014, the GOP has an opportunity to take back its authority and enforce its own legislation – including the original intent of the 14th Amendment.
We cannot even consider granting amnesty, including back door amnesty, to anyone no matter how much advocates demand that it’s the only option we have or the moral thing to do.
Neither will simply not granting amnesty to the 11.4 million illegal aliens solve this crisis.
Yes, 11.4 million illegal aliens can be sent home!
Some states already have successfully implemented electronic verification. If the ability of citizens of other countries to obtain U.S. jobs and taxpayer benefits are stopped, many will leave of their own accord.
In Texas, expect a fight in the 2015 legislative session as conservatives gear up to bolster use of E-Verify. Dan Patrick, the new lieutenant governor, is a stalwart proponent, while the new governor, Greg Abbott, wants to take a “go slow” approach.
Could large campaign donors be influencing this “go slow” attitude?
Texas has a large illegal immigration population, and it’s not a secret that there are a number of employers who claim they need cheap labor – translated as lower wages and no Medicare or Social Security taxes – to work jobs for which they cannot find American workers. With millions of unemployed workers, they can’t find anyone?
Are nearly 310 million people going to let politicians, activist judges and business cronies who want to feather their own nests – the people be damned – determine the fate of our nation while we crash into a banana republic economy and servitude?
When will Americans decide that we have had enough?
Carole Hornsby Haynes, Ph.D. is a writer and speaker about education, health care and cultural public policy.