Thread: 14 States Craft Bill to Deny Citizenship to 'Anchor Babies'

Lawmakers in 14 States Craft Bill to Deny Citizenship to 'Anchor Babies'

Published October 19, 2010
Associated Press

PHOENIX -- Lawmakers in at least 14 states announced Tuesday they are working on legislation to deny U.S. citizenship to the children of illegal immigrants, although they weren't specific about how they plan to do it.

Arizona Sen. Russell Pearce said he and the lawmakers have a working draft of their model legislation and have consulted constitutional scholars to change the 14th Amendment and deny automatic citizenship.

"This is a battle of epic proportions," Pearce said Tuesday during a news conference at the Arizona Capitol. "We've allowed the hijacking of the 14th Amendment."

Pearce declined to say how the legislation will differ from similar measures that have been introduced in each two-year congressional session since 2005. None of them made it out of committee.

He and another Arizona lawmaker did argue that wording in the amendment that guarantees citizenship to people born in the U.S. who are "subject to the jurisdiction" of this country does not apply to the children of illegal immigrants because such families don't owe sole allegiance to the U.S.

The efforts by Pearce and the other lawmakers come amid calls to change the U.S. Constitution's 14th Amendment. Supporters cite costs to taxpayers for services provided to illegal immigrants and their children.

Constitutional changes require approval by two-thirds majorities in both chambers of Congress, an impossibility now because Democrats have the majority in both houses and most oppose such a measure. Even if Republicans gain power in November and legislation is passed, an amendment would still need to be ratified by three-fourths of the states.

Paul Bender, a constitutional law professor at Arizona State University, said if the lawmakers focus their argument on the "subject to jurisdiction" wording, they won't get very far because the founders only meant it to apply to the children of foreign diplomats born in the U.S.

"If the British ambassador and his wife have a child in the U.S., that child is not a citizen because he is not subject to the jurisdiction of the U.S. We cannot put him in jail, we cannot even give him a parking ticket," Bender said.

The 14th Amendment "could have easily have said you're a citizen if you owe your allegiance, but our Constitution doesn't say that," he said. "It says if you're born here, and you're not a diplomat's child, then you become a citizen, and that's the way its been for 100 years."

Carlos Galindo-Elvira, vice president of Valle del Sol, a Phoenix group that provides social services to community members and advocates for immigrants, said Pearce's interpretation of the amendment is an effort to "legitimize bullying babies."

He also questioned why lawmakers would focus on this issue rather than the country's economic woes and high unemployment rate. "All it does is split the country," he said.

Pennsylvania state Rep. Daryl Metcalfe, the founder of a national group of legislators critical of illegal immigration, said the 14th Amendment "greatly incentives foreign invaders to violate our border and our laws." He had a news conference Tuesday in Harrisburg, Pa., on the multistate endeavor.

The effort could run afoul of the language in the 14th Amendment and lead to a court battle over the constitutionality of the law. But Metcalfe said providing birthright citizenship to children of illegal immigrants is an "ongoing distortion and twisting" of the amendment.

Metcalfe's office said lawmakers in at least 12 other states besides Arizona and Pennsylvania said they were making their own announcements about working on the citizenship legislation. Those other states: Alabama, Delaware, Idaho, Indiana, Michigan, Mississippi, Montana, Nebraska, New Hampshire, Oklahoma, Texas and Utah.
Pearce was the main sponsor of a tough new Arizona law that would require police enforcing other laws to question people about their immigration status if there's reason to suspect they're in the U.S. illegally. It was to go into effect this summer, but a judge put on hold key provisions pending the resolution of a legal challenge.

Pearce also was the chief sponsor of a 2007 state law targeting employers who knowingly hire illegal immigrants.

Arizona Gov. Jan Brewer, who signed the 2010 law and who is championing the state's legal defense of it against a court challenge mounted by the U.S. Justice Department, was noncommittal when asked whether lawmakers should approve legislation on citizenship.

However, Brewer said she was "always concerned" by the possibility of involving the state in a court fight. "No one wants to be in court. No one wants to be fighting the federal government," she said.

http://www.foxnews.com/politics/2010/10 ... or-babies/

you guys should read the comments at HUF PO about this , their foaming at the mouth ... screams of racism are loud and frequent ..

yeah we're racist , just like the rest of the world ... we're one of the few countries left that rewards people for sneeking in and having children ...

absoutely riciduilous and i hope to see an end to it soon ...

State Legislators Call for Changes to Citizenship Law, Equate ‘Anchor Babies’ to Child Abuse

By Elise Foley 10/19/10 12:15 PM

A group of state legislators from across the country is planning to work together to create legislation to remove automatic birthright citizenship for children of illegal immigrants. The 14th Amendment provides citizenship to any child born in the country (except children of foreign diplomats), which Pennsylvania State Rep. Daryl Metcalfe (R) said creates an incentive for illegal immigrants to come to the United States. “It is not far-fetched to say many of these people are having babies for the purpose of having that anchor baby status to get benefits,â€

This arguably may be the single most important piece of legislation in the past 30 years and legislation which could save this country from the abyss because of this abuse of our 14th Amendment.

Added to Homepage with amended title

Lawmakers in 14 States Craft Bill to Deny Citizenship to Anchor Babies

http://www.alipac.us/article-5756--0-0.html

If IA's were "Under The Jurisdiction of The USA" why do we have Foreign Country's consulates all over the USA ?

Why do the IA's use these Consulates to get passports,Matricular cards and other ID from THEIR COUNTRIES where they are "Under the Jurisdiction of" ? Why do Mexican Consulates demand to see their Citizens when arrested or tried for a serious crime IF they are under the USA juridiction ? ?

USA TODAY

GOP group challenges outright citizenship birthright

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http://www.usatoday.com/news/nation/201 ... 0_ST_N.htm

Coalition: Amendment is misused

Chris Zavadil/Fremont Tribune Fremonttribune.com | Posted: Tuesday, October 19, 2010 11:15 am | (3) Comments

State Sen. Charlie Janssen and the State Legislators for Legal Immigration coalition announced today the formation of a nationwide task force that will develop model state legislation aimed at what they call "anchor babies."

A news release from the coalition said the model legislation is intended to "eliminate the misapplication of the 14th Amendment of the U.S. Constitution, as it has been utilized to secure citizenship for the children of illegal aliens and their families."

The 14th Amendment grants citizenship to persons born or naturalized in the United States.

The coalition maintains that the amendment provides incentive for aliens to illegally cross into the United States to give birth, and use their children to secure illegal benefits, residency and American jobs.

"The misapplication of the 14th Amendment has led to serious economic and social breakdowns in our country," Janssen said. "By allowing this, we are encouraging illegal activity and putting the lives of mothers and their unborn children at risk.

"At the same time," he continued, "we are unfairly putting a financial hardship on taxpayers by forcing them to finance medical care and education for people who have shown unwillingness to follow our laws."

The mission of the task force "is to deliver a comprehensive state resolution that all 50 state legislatures can use to address the misapplication of the 14th Amendment, which has created the anchor baby status," the news released said.

"Anchor babies are one of the principal reasons that illegals are crossing and costing American taxpayers $113 billion annually, or nearly $1,117 yearly per individual taxpayer," said State Rep. Daryl Metcalfe, the Pennsylvania Republican who founded SLLI in May 2007.

Janssen said the coalition is a sounding board where he can compare notes with lawmakers from other states on immigration issues.

"We all want to make sure we're on somewhat the same page when we come together on these types of issues, and that's really what the task force is for," Janssen said. "It's really sharing a lot of information back and forth among legislators. Many times, via phone or e-mail, I'll visit with a network of state leaders that are on top of this issue."

The coalition is working to demand "full cooperation among our federal, state and local governments in eliminating all economic attractions and incentives (including, but not limited to public benefits, welfare, education and employment opportunities) for illegal aliens, as well as securing our borders against unlawful invasion," according to the mission statement on the coalition's website.

Janssen said its results are already showing up across the country.

"You're seeing certain states that are trying to stand up for states' rights and this isn't just an illegal immigration issue," he said. "Even getting past the 14th Amendment, this goes back to the basic rights of states, by the people, for the people. And the federal government keeps forgetting that it's really the states that are here to govern."

Janssen said he plans to introduce legislation dealing with illegal immigration, as he has in the past.

He and 14 other state senators introduced LB 1001 on Jan. 20, seeking to repeal "The Dream Act," which provides a child who meets certain criteria but is not a legal resident to receive in-state tuition rates.

He also introduced LR 520, calling for a study of the impact illegal immigration has on the state budget.

"Even before this last year I was putting together legislation," Janssen said. "I've introduced legislation dealing with illegal immigration before.

"I have spoken with senators from other states and gotten some of their ideas on legislation I'm going to run, but that's common with most every bill, you look at what other states have done," he said.

http://fremonttribune.com

Originally Posted by GaPatriot

This is the single most important issue to stop the welfare and benefits drain. Once a gateway anchor baby is born, then they apply for food stamps, WIC, Section 8 and welfare benefits and of course Medicaid. Even though the illegal may be working and making more money than most, without documents and proof it always appears there is no money coming in as income, therefore they qualify for the highest amounts in benefits.

Way to go Sen. Pearce.

OH YEA, THE PARENTS CAN BOTH BE WORKING AND MAKING A GOOD INCOME BETWEEN THE BOTH OF THEM, THEY STILL GET ALL OF THE BENEFITS THAT LEGAL CITIZENS ARE DENIED. OUR GOVERNMENT IS FULL OF IDIOTS SEEING AS HOW MEXICO TREAT ITS ILLEGALS. THEY JUST DON'T ROLL OUT THE WELCOME MAT FOR ILLEGALS IN THEIR COUNTRY, THE WAY THE U.S. GOVERNMENT DOES. AND WE AS CITIZENS HAVE HAD ENOUGH OF OUR GOVERNMENT MAKING THIS COUNTRY OUT TO BE NOTHING MORE THAN A JOKE

Originally Posted by marquis

you guys should read the comments at HUF PO about this , their foaming at the mouth ... screams of racism are loud and frequent ..

yeah we're racist , just like the rest of the world ... we're one of the few countries left that rewards people for sneeking in and having children ...

absoutely riciduilous and i hope to see an end to it soon ...

I GUESS THOSE FOLKS ON THE HUFFINGTON POST DON'T MIND TAKING CARE OF ILLEGALS AND THEIR JACKPOT BABIES WHILE A LOT OF THEIR OWN GO TO BED HUNGRY. AND ALSO WHILE THEIR OWN ARE HOMELESS WHILE ILLEGAS ARE THE REASON THE WAIT FOR SECTION 8 HOUSING IS ABOUT 2yrs. RACE HAS NOTHING TO DO WITH THIS, AND THEY KNOW IT.