Should I Stay or Should I Go: Why Immigrant Reunification Decisions Should Be Based on the Best Interest of the Child

Abstract

Last month, Emily Ruiz, a four-year-old American citizen boarded a plane from Guatemala to return home to New York. She was accompanied by her grandfather, but when he was denied entry into the United States due to a twenty-year-old immigration violation, Emily’s family was faced with a dilemma: should Emily return with her grandfather to Guatemala, should they allow her to be taken into state custody, or should her parents, both undocumented immigrants, risk deportation by attempting to pick her up from US immigration authorities? Emily’s parents chose to have her return with her grandfather. The reaction to the story of Emily Ruiz was immediate. Pro-immigrant supporters expressed outrage at what they termed the “deportation” of an American citizen. Others were furious that Emily had citizenship at all, calling her an “anchor baby” and the perfect example of why birthright citizenship must be eliminated. Emily’s story and the passionate reactions it has created highlights the virulent debate raging in this country over the meaning of citizenship. This paper focuses on the most important part of that debate, which is how birthright citizenship, combined with the massive crack down on illegal immigration, threatens the future of American democracy.

Keywords: immigration, citizenship, birth right citizenship, jus soli, parental rights, liberal state