Stephanie Mencimer

Stephanie Mencimer

Reporter

Stephanie works in Mother Jones' Washington bureau. A Utah native and graduate of a crappy public university not worth mentioning, she has spent the last year hanging out with angry white people who occasionally don tricorne hats and come to lunch meetings heavily armed.

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Stephanie covers legal affairs and domestic policy in Mother Jones' Washington bureau. She is the author of Blocking the Courthouse Door: How the Republican Party and Its Corporate Allies Are Taking Away Your Right to Sue. A contributing editor of the Washington Monthly, a former investigative reporter at the Washington Post, and a senior writer at the Washington City Paper, she was nominated for a National Magazine Award in 2004 for a Washington Monthly article about myths surrounding the medical malpractice system. In 2000, she won the Harry Chapin Media award for reporting on poverty and hunger, and her 2010 story in Mother Jones of the collapse of the welfare system in Georgia and elsewhere won a Casey Medal for Meritorious Journalism.

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Mia Love May Have Been Her Parents' "Ticket to America" After All

| Mon Oct. 1, 2012 2:42 PM PDT
Mia Love

Last week, Mother Jones raised questions about the story Utah GOP congressional candidate Mia Love tells on the campaign trail about her Haitian immigrant parents. She often highlights their tale of coming to the US with $10 in their pockets and making it in America without any help from the government. She has claimed they came here legally and thus, she and her parents are different from those other immigrants her party would like to see barred at the gate. Yet in 2011, Love described her birth in the US as "our family's ticket to America," because it allowed her parents to beat a deadline in the law and gain "citizenship." Her story suggested that she was what members of her party derisively call an "anchor baby."

I tried to confirm Love's story about her birth and whether it could have allowed her parents to gain citizenship, because her description conflicts with current immigration law. I interviewed a host of immigration lawyers and put the details Love had provided about her family's immigration story to federal officials at both agencies that have jurisdiction over immigration. None of them could find a specific provision in the law that matched the one Love described. After researching the subject, a spokeswoman for the US Citizenship and Immigration Service said that US policy since 1924 has been to bar minor children from petitioning for their parents' permanent residence. As a result, I suggested that Love's story might be inaccurate.

However, it turns out I was wrong on one count. There was a measure in place that would have allowed Love's birth to help her parents attain permanent resident status if they registered before 1977. The law, passed in 1976, was never codified, meaning that it was never made part of the US code, so someone looking in the US code books for the Immigration Nationality Act, of which it is part, wouldn't necessarily be able to find the provision. It often exists as a footnote in some versions of the code, according to Margaret Stock, an immigration lawyer with Lane Powell in Alaska. (It's also described in this State Department manual.)

Forbes first reported on Friday that this particular law allowed residents of the Western Hemisphere to use a child born in the US to apply for resident visas. The Forbes story also suggests that despite her protestations, Love's parents were probably in the country illegally, at least for a while, after overstaying their visas—something that nearly half of all illegal immigrants in the US have done. Stuart Anderson, the executive director of the National Foundation for American Policy, writes in Forbes:

In discussing the parents’ path to America with Margaret Stock, we both came to the conclusion that Mia Love’s parents likely came to the United States on tourist visas and then overstayed those visas for at least a few years. Stock says it’s possible Mia Love’s parents conscientiously filed regular extensions to those visas and that those extensions were all approved. More likely, Mia Love’s parents were in the country out of legal status and, it turned out, after Mia’s birth a provision of U.S. immigration law that would expire in a year may have helped them stay legally.

Since Mother Jones first raised these issues, Republicans have rallied to Love's side, taking issue with our use of the term "anchor baby" and claiming that her family's immigration story is irrelevant to her campaign. Michelle Malkin, who has said that "anchor babies" undermine national security and the integrity of citizenship, snarked on Twitchy,

Note the question mark and quotes around “anchor baby.” The Mother Jones writer isn’t saying Love is an “anchor baby” to undermine her huge lead; she’s just “asking questions” about “what Republicans derisively call an ‘anchor baby’.” You know, by suggesting her parents “gamed the immigration system” and raising questions about Love’s truthfulness...Note to Mother Jones’ readers: Love’s parents came to the United States as legal immigrants. Not that she had much say in the matter.

Utah Republican Party Chairman Thomas Wright told the Salt Lake Tribune that questions about Love's immigration history should be off limits:

[T]his line of questioning is inappropriate. I think for a candidate to have to speculate on her parents’ motive during her conception and birth is outside the scope of what questions are appropriate during a campaign. The fact is her parents are U.S. citizens and if people have questions about that, then they should take those questions to the government agency that granted them citizenship.

GOP Star Mia Love Fires Back at "Anchor Baby" Story

| Thu Sep. 27, 2012 3:01 AM PDT
Mia Love respondsMia Love speaks at the 2012 Republican National Convention in Tampa, Florida.

Mia Love has made her Haitian immigrant family's bootstraps story the centerpiece of her campaign to become the first black Republican woman elected to Congress. But on Monday, Mother Jones raised some serious questions about the Utah congressional candidate's public statements about her family's immigration story, which she's used to justify a host of draconian budget proposals that range from eliminating the school lunch program to axing student loans.

In 2011, Love described herself to a Deseret News reporter as what some in her party like to derisively call an "anchor baby"—that is, someone who was born in the United States to immigrants hoping to gain legal citizenship. "My parents have always told me I was a miracle and our family's ticket to America," she told the paper.

The story has created a bit of a stir in Utah, where Love is trying to knock off six-term incumbent Rep. Jim Matheson, the state's only Democratic member of the House. Love has fired back and done a number of interviews criticizing our story. Yet she still has refused to answer the fairly basic questions Mother Jones has been putting to her campaign for more than a month, namely: How did her parents get to the United States, and how did they survive here on only $10 if they didn't get any government "handouts"?

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