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"An
accident of birth (or job assignment) isn't what citizenship
is all about."
Yaser
Esam Hamdi was seized as an enemy combatant and taken into control
of the United States military in Afghanistan, after the Taliban
unit he was with surrendered. The military determined that Hamdi
should be detained as an enemy combatant with potential intelligence
value. Hamdi was transported by the United States military from
Afghanistan to the Naval Base at Guantanamo Bay, Cuba. Upon
discovery of records indicating Hamdi was born in Louisiana,
he was deemed a citizen of the United States by virtue of said
birth, and transferred to the Naval Brig in Norfolk, Virginia,
where he is currently detained.
After
careful consideration, FILE believes the U.S. government should
reclassify Hamdi as a Saudi national and return him to Guantanamo
Bay, Cuba. Such legal status would relieve the government of
the burden of prosecuting Mr. Hamdi as an American. Furthermore,
such reclassification would more closely reflect the true nature
of the situation: Mr. Hamdi is not an American in any real sense
of the word, and is, legally, a citizen of Saudi Arabia and
a captured foreign enemy combatant.
FILE
believes the custom of granting birthright citizenship to children
born in the United States to illegal aliens, temporary workers,
and tourists is
supported neither by the Fourteenth Amendment nor by legal precedent.
In
a world of frightening new dangers and ominous demographic realities
(See: "New
Breed of Islamic Warrior Is Emerging - Immigration as a Weapon!"
Wall Street Journal, March 29, 2004) it is time to reassess
this custom. We would be unwise and irresponsible as a free
and democratic people to neglect to finally address the true
meaning and intent of the Citizenship Clause. The case of Yaser
Esam Hamdi provides a historic and excellent opportunity to
do just that.
FILE
is working to rectify the erroneous classification of Mr. Hamdi
as a citizen of the United States. In this effort, we know we
have the overwhelming support of the American people.
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