CT - Chris Shays opposes automatic citizenship for undocumented immigrants’ children
July 22, 2012
By Mary E. O’Leary, Register Staff
New Haven Register
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Senate Candidate Christopher Shays greets supporters at the Republican convention in Hartford. (New Haven Register Photo/Peter Casolino)
NEW HAVEN — When it comes to immigration policy, Republican U.S. Senate candidate Christopher Shays talks about border security and a proposed “blue card” that would allow immigrants who are here illegally to work, travel, pay Social Security and taxes, but never be eligible for citizenship.
One of the policies he doesn’t usually stress is his position on so-called “anchor babies,” that is children born to undocumented immigrants once they are in the United States.
Under the 14th Amendment, adopted in 1868, everyone born here automatically is a citizen, a law with roots that go back to slavery.
The amendment came about in reaction to the Supreme Court’s Dred Scott case in 1857, which said people from Africa could never be citizens.
Thirty years later, the Supreme Court interpreted the amendment as granting citizenship “to all persons born or naturalized in the United States, and subject to the jurisdiction thereof” in the case of a child born to Chinese immigrants.
Shays has co-sponsored eight bills between 1997 and 2007 that would no longer let this happen automatically.
He gets high marks from strict anti-illegal immigrant groups, such as NumbersUSA, which gives him an overall B+ on immigration and an A+ on his positions on the citizenship of children born to undocumented immigrants.
“I would like to deal with that by law, and if it had to be dealt with by the Constitution, I don’t know if it would ever even have a chance,” Shays said of denying citizenship to these children.
In an interview with the editorial board of the New Haven Register, Shays said there is a strong incentive for illegal immigrants to have children born in the U.S. so they can then sponsor their parents for citizenship when they turn 18.
According to the Immigration Policy Center, however, children cannot petition for legal status for their parents until they are 21, and if that petition is granted, the undocumented parents would have to leave the country and not be able to re-enter for at least a decade.
The Migration Policy Institute estimates that the number of undocumented would increase dramatically if birthright citizenship was repealed, depending on the details of the law and if it only applied if both parents were undocumented.
The Immigration Policy Center said immigrants come here to join family or to work, and so-called birth tourism involves small numbers of foreigners who come here legally to give birth to their children.
Birthright citizenship was back as an issue last year, with some lawmakers mulling state laws that would set up two kinds of birth certificates, with one for citizens and one for children of the undocumented. The ultimate aim would be to have the concept go to the Supreme Court as a challenge to the 14th Amendment.
Under the Birthright Citizenship Act of 2011, sponsored by U.S. Rep. Steve King, R-Iowa, the Immigration and Nationality Act would be amended to consider a person born in the United States subject for citizenship at birth if one of the parents was a U.S. citizen or national, a lawful permanent resident alien or an alien serving in the U.S. Armed Forces.
Beyond better border control, which could mean double fences in some sections, Shays would amend immigration laws to encourage people with certain skills to come and stay here.
“If we allow people to come here illegally, I think we make a mockery of your law. Having said that, people who come here shouldn’t self-select, we should select. I think students who come here, get advanced degrees and can contribute to society, they should be given a special way to become citizens,” Shays said.
The former congressman said having these people stay “will help make other Americans more productive.”
Shays said immigrants willing to work on farms should be able to come here, leave and come back with the same document and not have to apply every year. He said he also would support immigrants with certain skills that businesses need.
The “blue card” plan would allow them to work legally, but they couldn’t bring in family members.
Last month, President Barack Obama issued an executive order delaying deportation of undocumented children brought here before age 16 and through age 30, with the expectation they would be granted working papers in two-year stints. It applies to those who are in school, have graduated from high school or served honorably in the military. They would have to be here five consecutive years and have no criminal history, but the exact details are still in the works.
It is estimated that 800,000 students will be affected across the country and between 11,000 and 15,000 youths and young adults in Connecticut could benefit from the policy, according to the Migration Policy Institute.
“This, to me, is the hardest issue of immigration,” Shays said. “Of all the things I encountered, the most difficult thing for me to respond to was the children who were growing up and are now not entitled to some benefits.
He said Obama should have let the policy be enacted by law, not by executive order.
Shays said he would vote for the Dream Act, which has continually stalled in Congress, as long as it applied to children who came here younger than age 10. The original Dream Act provides a path to citizenship for this group.
“There is no perfect answer,” he concluded.
Shays opposes automatic citizenship for immigrants' children | CT Senate 2012
