The current political and social debate over legal and illegal immigration into the United States has made the question of anchor babies a central one in considering the nature of American citizenship and residency. Although the impact of this legal concept is debated, the fact remains that it represents an ongoing controversy in US law and immigration policy.
The term "Anchor Baby" is bound up in the definition of citizenship as defined by the relevant portion of the 14th Amendment:
"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."
This amendment was passed to ensure that former slaves would be considered citizens, and is the underlying reason for anchor babies. Because of this, regardless of the status of their parents, newborn children are automatically American citizens.
Because of this anchor baby citizenship, it is believed that the parents have an advantage in attempting to gain the right to permanently reside in the United States, no matter their previous status. However, while birthright citizenship would apply to the child, these "jackpot babies" do not automatically allow their parents to legally reside in the US.
While it is true that upon turning 21, these children can sponsor their families for entry, without regards to immigration quotas, the fact is that there remain a number of obstacles for their non-citizen relations. Most importantly, individuals in the United States illegally are not eligible for normalization of their status, and once they leave, are barred from re-entering the United States for a period of up to ten years, no matter the status of their child.
Anchor babies have been brought up in the continuing controversy over illegal immigration, mostly in their claimed role in legitimizing the residency of illegal immigrants. However, the true impact of this remains in question as anchor baby statistics are in some doubt. While many children are born to illegal immigrants, there is little evidence of a large-scale attempt to induce birth in the United States in order to take advantage of the 14th Amendment.
In any case, while anchor baby legislation is often proposed, especially during election years, the fact is that such anchor baby bills have been universally unsuccessful in the legislature. There is also some doubt as to whether the legislature could override or redefine birthright citizenship without actually amending the Constitution.
Thus, the actual impact of anchor babies remains in considerable doubt, both legally and socially. However, it is certain that the question of birthright citizenship and its interaction with immigration law will continue to be an active and controversial political issue.