Contradicting federal law and a knowledgeable caller, Boyles repeated “anchor baby” falsehood

During a broadcast of his 630 KHOW-AM show, host Peter Boyles again falsely asserted that U.S.-born children of illegal immigrants serve as “anchor” babies who prevent their parents from being “thrown out” of the country. In fact, under federal law the birth of a child in the United States does not affect the parents' immigration status.

On the November 28 broadcast of his 630 KHOW-AM show, host Peter Boyles disagreed with a caller who accurately noted that a so-called “anchor baby” -- a U.S.-born child of illegal immigrants -- “does not guarantee [its parents] staying in this country.” In reply, Boyles repeated the falsehood that "[t]he court interprets the 14th Amendment to say that the baby is the citizen anchor. The parents cannot be thrown out."

As Colorado Media Matters noted in response to Boyles' previous assertions of this falsehood, anti-immigration activists contend that illegal immigrants' U.S.-born children -- who are U.S. citizens at birth under the 14th Amendment to the U.S. Constitution -- “anchor” illegal immigrant families to the United States and qualify them for access to some government services. In fact, the birth of a child in the United States does not affect either parent's status as an illegal immigrant; federal law stipulates that U.S.-born children of illegal immigrants must wait until they are 21 to petition for their parents to be given legal status.

U.S. immigration law does contain special provisions under which illegal immigrants may petition to have their deportation orders canceled and their legal status in the United States adjusted. As a Department of Justice fact sheet on the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 explains, such an adjustment “may only be granted if aliens demonstrate that their removal from the United States would result in exceptional and extremely unusual hardship to a spouse, parent or child who is a lawful permanent resident or U.S. citizen.” The government limits such adjustments to 4,000 in any fiscal year, and applicants must meet a variety of conditions:

Under section 240A(b) [of the Immigration and Naturalization Act (INA)], an alien who has been physically present in the United States for a continuous period of at least 10 years, who has been a person of good moral character, and who has not been convicted of a criminal offense that could result in the alien's removal from the United States may seek cancellation of removal and adjustment of status, provided the alien has a spouse, parent or child who is a U.S. citizen or lawful permanent resident. Cancellation under section 240A(b) may only be granted if aliens demonstrate that their removal from the United States would result in exceptional and extremely unusual hardship to a spouse, parent or child who is a lawful permanent resident or U.S. citizen. The Attorney General may not adjust the status of more than 4,000 aliens under section 240A(b) in any fiscal year.

Further belying Boyles' suggestion that the courts offer blanket amnesty to the illegal immigrant parents of U.S.-born children is the recent case of Elvira Arellano, an illegal immigrant residing in Chicago who has fought a deportation order on the grounds that her 7-year-old U.S.-born son, Saul, would suffer hardship if she were deported. As the Associated Press reported on September 30, U.S. District Judge Amy St. Eve dismissed a lawsuit to block the deportation because, the judge ruled, “although the 7-year-old would face hardships, they weren't of constitutional magnitude.” As Colorado Media Matters noted, Boyles guest Terry Anderson -- whom Boyles called “one of the true greats” during his appearance on the November 15 broadcast -- said of Arellano, who has found sanctuary in a Chicago church, “I'd drag this broad out of there by her hair.”

From the November 28 broadcast of 630 KHOW-AM's The Peter Boyles Show:

CALLER: You talk about anchor babies. It's my understanding -- and I did a little research on this. Anchor babies -- babies that are born here that you call anchor babies -- if their parents are here illegal, the law says, the law -- whether it's implemented or not is another story -- says their parents can be deported. The baby does not guarantee them staying in this country.

BOYLES: The baby does guarantee the mother.

CALLER: I -- that's not, that's not the law, Pete.

BOYLES: Well, I'm telling you what, what happens is that, that 14th -- the 14th Amendment baby is the anchor baby.

CALLER: No, I understand that, but the baby is protected, but if you look at --

BOYLES: How does the baby stay --

CALLER: -- the actual law.

BOYLES: -- [Caller], how does the baby stay without its actual mother and father?

CALLER: No, I -- I understand what the court --

BOYLES: That's right --

CALLER: -- may say.

BOYLES: -- and that's what happens.

CALLER: But -- but the law says that that person is still illegal.

BOYLES: The court interprets the 14th Amendment to say that the baby is the citizen anchor. The parents cannot be thrown out.