American by birth

The campaign for president has introduced many Americans to the phrase "birthright citizenship." The phrase arises from the Fourteenth Amendment to the Constitution, which provides that any person born in the United States is automatically a citizen of the United States.

Proposals have been made to amend the Constitution to eliminate such citizenship when the child is born to parents who are not in the United States legally. Some people have suggested that amending the Constitution is unnecessary because the current version of the Fourteenth Amendment does not apply to children born to illegal immigrants. A new term, "anchor baby," has even entered the lexicon to describe the phenomenon of foreign parents coming here for the birth of their child to secure the child's United States citizenship and improve the chances that they will also be allowed to remain. I had the opportunity to meet one of these so-called "anchor babies" recently in my court, and I think it is important to share his story.

He is now 16 years old and resides in Buena Vista. He lives in an intact family, with a mother and a father who are married to each other and an 8-year-old sister who is autistic. He is an honors high school student with dreams of becoming the first in his family to attend college. Both parents work and pay their taxes. The family pitches in to take care of the daughter's needs and to make ends meet. Notwithstanding their challenges, they are living the American dream. Like so many Americans, they work hard, stay out of trouble and appear to be givers rather than takers.

But unlike most American families, the mother and father were not born in the United States. They came here almost 20 years ago to make a better life. While here, they had their two children.

Their story came to my attention when the mother was arrested for being in the United States illegally. She accepted responsibility for her conduct and pleaded guilty to the charge. I sentenced her under the law, and she now awaits deportation. She intends to ask the Immigration and Customs Enforcement officials to delay her deportation until her son graduates from high school next year so that she can continue to support him as he seeks admission to college.

The fact that an illegal immigrant was before me was not unusual. I've handled many such proceedings. But this one was different.

Prior to being sentenced, all defendants have the right of allocution -- the opportunity to speak directly to the judge before the sentence is imposed. Although this right belongs strictly to the defendant, my practice allows others to speak on a defendant's behalf. On this occasion, the defendant informed me that her 16-year-old son wished to speak. This honor student, born in the United States and speaking with impeccable English diction, made one of the most eloquent pleas I have heard in my 14 years on the bench.

He made no excuses for his mother's violation of the law, and acknowledged that she had been wrong. But he painted a picture of who this "illegal immigrant" is and why she did what she did. He understood that much of the debate about illegal immigration seems to dehumanize those who are most directly affected by it, and that the repeated, often uncontested, rhetoric makes it easier to discard them. So he humanized his mother, who sat in court handcuffed and shackled, pursuant to standard security procedures.

In a bit of righteous indignation, he asked rhetorically why his mom had been reduced to an "animal in chains." He explained how she was the motivating force behind him being an honors student and a future college graduate, and how she unselfishly worked to provide for the family while also being tirelessly devoted to the care of his younger autistic sister. He astutely understood and articulated the essence of all human spirit -- the quest for hope over despair.

After his presentation, I don't think anyone in that courtroom saw his mother as simply a dark-skinned female from another country who did not have her papers.

I was moved by her son's presentation. Not too long ago, a story of a young boy born in this country to a family of modest means, who worked hard and stayed out of trouble, who immersed himself in our culture, and who became an outstanding student headed for college would have inspired most Americans because it validates that we live in the best country on earth.

This young boy's mother may be an "illegal immigrant," but she has done a remarkable job raising an American son. She instilled in him American values that all parents hope their children will one day exhibit. And she has produced a United States citizen who is living and appreciating the American dream rather than taking it for granted.

I have seen many things in my courtroom, but none made me feel more proud to be an American than seeing what this young man had become simply because he was given an opportunity and guided by a loving mother who truly understands the greatness of America.

I only wish more of my fellow Americans could have seen it, too.

Clay D. Land, a former Columbus councilor and state senator, is chief U.S. district judge for the Middle District of Georgia.

This story was originally published August 29, 2015 at 12:00 AM with the headline "American by birth ."