My little Jamerican bundle of joy

IN April 2003, Simone Headley, then eight months pregnant, packed up her husband and daughter and journeyed to a hospital in Georgia, United States, to give birth to her son.

The boy, now four, has a US passport and a Jamaican naturalisation certificate, and Headley says when he reaches college age, he will benefit from the host of scholarships offered to Americans.

This, she said, was her only reason for going through the trouble and expense of having her child in America. The opportunities for him will be limitless compared to Jamaica, she said, and “as a parent I can only do what’s right for my children”.

The US 14th Amendment guarantees citizenship to anyone “born or naturalised in the United States and subject to the jurisdiction thereof “.

Unlike some countries in Europe and some in the Caribbean, once a child is born on US soil or in any of its territories, that child automatically obtains the citizenship status, and all the benefits that go along with it.

This follows countries like Brazil, Canada, India, Jamaica, Mexico, New Zealand and Pakistan which have similar laws.

Now for just about US$10,000, a Jamaican parent can ensure the “American Dream” for her offspring.

And, according to *Nordia Bennett, who had her daughter in Florida two years ago, the system of guaranteeing citizenship runs like a “black market drug operation” – involving doctors, family overseas and a wealth of planning to ensure its success.

For example, one of the obstacles women face is the restriction in airline travel after a certain point in their pregnancy.

According to Air Jamaica, women are allowed to travel up to and including the 36th week of pregnancy (a pregnancy lasts 40 weeks), provided there are no complications. “The passenger will be asked this information at check in,” says the airline’s website. “Pregnant women will not be allowed to travel on Air Jamaica from the 37th week onwards.”

It’s a similar situation with American Airlines, where a medical certificate is required if women will be travelling within four weeks of their delivery date in a normal, uncomplicated pregnancy.

“For international travel or any flights over the water, travel is not advised within 30 days of the due date, unless you are examined by an obstetrician within 48 hours of outbound departure and certified in writing as medically stable for flight,” American Airlines said.

But it’s here that Bennett says the “black market” activity comes in.

“What my doctor did was to set back my actual stage by two weeks,” she said.

“I wanted to spend at least two months with my baby after birth, so it wasn’t possible for me to leave Jamaica until three weeks before my due date. The doctor wrote that I was 33 weeks and I got to travel.”

The next people in the plan were her relatives overseas, who made the relevant doctor’s appointments, and played into the “shock” factor when doctors there discovered that she was actually 37 weeks along.

“I know that they probably wondered how Jamaican doctors could get the information so wrong, so I just played along and pretended that I was shocked too that I was actually just three weeks away from having my baby,” she said.

It’s somewhat reminiscent of what mothers like the reported undocumented Mexican immigrants do to ensure that their offspring get a place in US citizenship books.

The term “anchor baby” has been assigned to the offspring of immigrants like these. According to Wikipedia, “anchor baby” or “jackpot baby” are terms used to refer to a child born in the United States to illegal immigrants or other non-citizens.

“The terms refer to the role of an illegal alien’s child, as a US citizen, in facilitating chain migration,” the free Internet encyclopaedia says.

“The parents oftentimes hope that the child will become the “anchor” of a chain by which its family would receive benefits from social programmes, and by which the parents themselves eventually would become lawful permanent residents or citizens of the United States.”

Other women – documented immigrants – wishing their children to be born in the United States, engage in “birth tourism”. Said Wikipedia, “under the rules of many countries, such children have dual citizenship generally until age 18; at which point they must choose one nationality.

This practice is believed to be popular among women in Korea, Hong Kong and Taiwan. Being US citizens, these children do not have to meet the stricter international student rules to enter US universities and colleges. In addition, when they turn 21, they become eligible to petition for a grant of permanent residency for their parents.”

While it is not illegal for a legally documented woman to go to the US to give birth, the Citizenship Reform Act of 2005, if passed, would amend the Immigration and Nationality Act to limit automatic citizenship to apply only to a child born in the United States who: (1) was born in wedlock to a parent either of whom is a US citizen or national, or is an alien lawfully admitted for permanent residence who maintains such residence; or (2) was born out of wedlock to a mother who is a US citizen or national, or is an alien lawfully admitted for permanent residence who maintains such residence.

The legislation would change the US Constitution and hasn’t yet advanced to the Senate.

A report – Children of Immigrants facts and figures, May 2006 – posted by the US Urban Institute, said because of recent immigration trends, children with immigrant parents – whether legal or illegal – are the fastest-growing segment of the US’ child population.

“More than 15 million immigrants entered the United States during the 1990s, and we are on pace for the same number to enter during the current decade,” said the report which cites data from sources including the 2000 US Census of Population and Housing. “The number of immigrants now exceeds 35 million, and their children number over 15 million. Immigrants comprise over 12 per cent of the US population, and their children over 20 per cent. If current trends continue, children of immigrants will represent at least a quarter of all US children by 2010.”

But what are the benefits, really?

“Many times you can benefit from social programmes without even living there if you know how to play your cards right,” said *Ebony Myers, who has a six-year-old Philadelphia-born son.

“They offer you help – like the food stamps we used to have here – with food and formula until the child is about five,” she said, explaining the Women Infant and Children(WIC) programme available to children born in the US. “You need a US address to access it, but that’s just for the initial application. After that you get your benefits, at least as long as you’re in the States.”

Children born there also benefit from state medical insurance, and have the option of American schools and colleges when they’re older.

*Names changed