New Mexico has a problem, it seems a man robbed a bank and fled with almost $9,000 his escape however, was short lived as police stopped the car a short distance away and found the loot. Now the bank wants the money back but legal defense hired by the man’s family says the money belongs to the six year old child that was riding in the back seat.
It seems the child was wearing a backpack which contained the money and some school books. The defense team is now making the claim that the child was merely riding in the backseat and the fact that the man may have acted illegally does not provide cause to take away the child’s money. The State and the bank in question are claiming the money came from an illegal act and hence no gain from that act should pass to the child.
Now here is where the discussion gets interesting. The defense has sighted the fact that there is a legal basis for their defense in the constitution under the 14th amendment. Here is their contention, if it is legal to gain citizenship for a child while the parent is an illegal alien simply by the act of birth and the child has done nothing more than be present during the crime of invasion and occupancy then the money in question is analogous and has the legal value and is equivalent to United States citizenship and can not be taken away. The attorney then apologized for trivializing the value of United States citizenship but concluded that was not his doing it was the interpretation of the federal government that had already done that.
The next question that comes to mind is the “legal value” of United States citizenship? Some would say it is a priceless treasure paid for with the blood and sacrifice of patriots and yet others are willing to give it away to illegal criminal invaders simple because their children are born here during an invasion and illegal occupancy. What is your opinion?
The 14th amendment was introduced after the civil war to address the issues associated with the civil rights of newly freed slaves. Senator Jacob Howard the original author of the amendment described the clause as excluding “persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers.” He was supported by other Senators including Judiciary Committee Chairman Lyman Trumbull. Mr. Trumbull was born in Connecticut and represented the State of Illinois.
The framers of the amendment were men of honor acting to insure the full legal rights of former slaves as citizens of the United States. They clearly did not frame the amendment to bestow citizenship as a reward for illegal entry into the United States. To gain a priceless treasure through an illegal act no matter how innocent the recipient would be an ill gotten gain and hence should not be the policy of this or any nation.
In the interest of full disclosure the above bank robbery never occurred and there is no such legal defense being proposed. The story is purely fictional and only used to illustrate the issue and to stimulate some thoughts by you the readers.