Who is a Citizen Under the Constitution?

The current contretemps concerning who is a Citizen under our Constitution seems to be revolving around the term “anchor baby”, which is a way of referring to a child born on U.S. soil automatically being a citizen. Although that has long been our accepted policy, the Constitution is not crystal clear on this issue.

Since this topic is destined to dominate the news for a couple of days, at least, I thought it might be helpful to post the 2 places in the Constitution where Citizenship is mentioned. The first is from Article 1; while the second is from the 14^th Amendment, which seems to have become the “eye of the storm.”

I have synopsized the meaning of each quote from the Constitution in an effort to give them some historical context.

Article 1, Section 4:8 states “Congress shall have the Power to……Establish an Uniform Rule of Naturalization…”

This implies that Congress would be responsible for setting up a bureau to deal with the specifics of Immigration and Naturalization. Today we call that organization Immigration and Customs Enforcement, or ICE, as it is more commonly referred. At the time it was written many of our leading citizens; including some of the leading politicians of the time; were not born here; hence the need to define the term Citizen.

The 14^th Amendment states in Section 1; “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.

The point of contention here seems to rest not in the opening phrase that all persons born here are Citizens, but rather in the phrase “subject to the jurisdiction thereof.” The phrase was included as a way of addressing the issue of “Indians not taxed” in the 2^nd Section of the Amendment.

I hope that this information will prove helpful to the reader as the controversy rolls forward.

"The Shadow Catcher" by Hipolito Acosta (2012)

This is a very exciting, and quickly read book. The author, Hipolito Acosta, is a 30 year veteran of the Immigration and Naturalization Service. His exploits are the stuff of which legends are made; and indeed; Mr. Acosta has become just that. This is a man who had himself smuggled from Mexico into the United States, not once, but twice. Each trip was an infiltration of the human trafficking rings which operate with impunity, using human beings as pawns in an effort to enrich themselves.

The author, himself an American of Latino descent, was raised in the Redford, Texas region, the son of migrant workers. During those years the United States and Mexico had an agreement in place, allowing for the Mexicans to come work in the United States for the harvesting of various crops, before they had to return home. This system was put into place during the last years of World War Two, when manpower on the home front was at a premium. The program was discontinued in 1964 due to abuses by both sides of the agreement. The Mexicans did not always go home, as required; while their American hosts were also making veritable slaves out of many. This, many believe, was the beginning of today’s illegal Immigration problem.

When Mr. Acosta turned 17, he joined the U.S. Navy, and shortly after his discharge he was married. He then joined the INS, in which he spent 3 decades working on the problem of illegal immigration. He has many stories from his time as an agent, including 2 trips in which he had himself smuggled into the United States in order to verify, and ultimately take down, several human trafficking operations, as well as a very well organized document forging operation.

Along the way Mr. Hipolito has encountered not only danger from the criminals he seeks to bring to justice, but also apathy from within the very agencies he is working for. Through all of the frustration, and danger, he keeps true to his course, managing to outwit those who would rather see him dead, as well as circumventing the forces from within the INS, which would keep him from doing his duty.

A compassionate man, he has also found the time to make a difference in several lives along the way, helping some of the most needy of the victims obtain residency in the United States.

His first trip as human cargo was from Juarez to Chicago, with a stop in a “safe” hose in Compton, California. The tensions, and indignities which people go through in order to reach America, by whatever means necessary, will give the reader a new appreciation of having been born here. There are very few countries which people try to sneak into, as opposed to ones in which they are trying to sneak out of.

A very informative book with great insights into the money, and human drama, which takes place each day as the INS fights a seemingly endless war. That this war is fought not only against the illegal immigrants and the cartels which serve them, but also against forces within our own government, make this a must read for those who wish to fully understand the depth of the illegal immigration problem.

"The Three Burials of Meliquiades Estrada" with Tommy Lee Jones, Melissa Leo and Dwight Yoakam

An illegal ranch hand, Meliquiades Estrada, is shot down by sadistic Border Patrol Agent Mike Norton (played by Barry Pepper)for pure sport, thinking he is an illegal and that no one will even know. But he has not counted on Pete Perkins (played by Tommy Lee Jones)who was the dead mans employer. He wants justice - but first he has to find out who did it. And in the volatile atmosphere of a small Texas border town this is no easy task. No one really cares. Except Pete, a grizzled ranch owner. The two men have formed a strong bond between them and Perkins has pledged that should something happen to Melquiades, he will carry his body back to Mexico and bury him in his home village.

The men have been friends for the entire 5 years in which Meliquiades has been employed by Perkins. They do everything together, including chasing a local waitress(played by Melissa Leo) and her friend. The girls are also "friends" of the local Sheriff (played by Dwight Yoakam) who doesn't really care about another dead Mexican.

When the girls overhear the Border Patrol telling the Sheriff what happened and not to follow up on it, the girls tell Parsons. Parsons then kidnaps the guilt ridden Agent and forces him to dig up Meliquiades decomposed body. He then forces Norton to accompany him across the border by horseback on a journey to fulfill his promise to the dead man. He even makes Agent Norton sleep with the body next to him each night, in an effort to teach him that he has killed more than just another Mexican, but rather another human being.

Along the way things are turned upside down as the Border Patrol seeks to capture Parsons, whom they believe is a Mexican smuggler that has kidnapped a fellow Agent, before he can achieve his goal. Watch for Levon Helms, who plays a blind rancher living out his last days alone in the desert. He plays a small, but not insignificant, part in the story.

By the time Parsons arrives in Mexico with the body, Agent Norton has gone insane from the guilt of what he has done. With the burial of Meliquiades, Parsons has fulfilled his promise, but now has to reckon with the crazed Norton and the Border Patrol as he makes his way back across the border to Texas.

Beautifully filmed in the desert along the US/Mexican border, the film is both timely in it's subject matter, as well as spot on in the message it delivers. No man has the right to take another mans life just for the sport of it. Life and death are closely woven, and one mans hatred cannot go unpunished without diminishing all of our lives as a whole.

At a time when the illegal immigration issue is such a hot topic, this film cannot be ignored. It is a close look into the forces that drive the cycles of corruption and exploitation. While Immigration Laws must be respected, sometimes there is a higher law that we cannot escape or ignore. For fans of Tommy Lee Jones, this film is yet another that showcases his superb ability to play any role he chooses.