Thread: Arizona Senate Defeats Birthright Citizenship Bills

MARCH 17, 2011, 8:07 P.M. ET.

Arizona Senate Defeats Birthright Citizenship Bills

Associated Press

PHOENIX—Arizona lawmakers have defeated five illegal immigration-related bills, meaning the deeply contentious issue won't take on the same prominent role within the state that it unexpectedly did last year.

The state Senate shot down the measures, one of which intended to force a U.S. Supreme Court ruling against automatic citizenship for U.S.-born children of illegal immigrants.

Critics said the Arizona bills rejected Thursday were over-reaching while supporters expressed frustration with Senate President Russell Pearce, saying he saw a lack of "political courage."

The legislation was considered a year after Arizona enacted an illegal immigration law on local enforcement. It resulted in protests, boycotts and legal challenges that caused a federal judge to put key provisions on hold.

http://online.wsj.com/article/SB1000142 ... sNewsThird

Arizona Senate rejects 5 illegal-immigration bills

Mar. 17, 2011 04:55 PM
Associated Press

Arizona lawmakers have defeated five illegal immigration-related bills, meaning the deeply contentious issue won't take on the same prominent role within the state that it unexpectedly did last year.

The state Senate shot down the measures, one of which intended to force a U.S. Supreme Court ruling against automatic citizenship for U.S.-born children of illegal immigrants.

Critics said the Arizona bills rejected Thursday were over-reaching while supporters expressed frustration with Senate President Russell Pearce, saying he saw a lack of "political courage."

The legislation was considered a year after Arizona enacted an illegal immigration law on local enforcement. It resulted in protests, boycotts and legal challenges that caused a federal judge to put key provisions on hold.

http://www.azcentral.com/news/election/ ... ected.html

Arizona Senate rejects immigration bills

Howard Fischer, Capitol Media Services Arizona Daily Star
Thursday, March 17, 2011 4:30 pm

PHOENIX - Concluding the measures go too far, state senators on Thursday rejected a package of bills designed to crack down on illegal immigration.

With Republicans joining the minority Democrats, lawmakers refused to approve bills which, taken together, were designed to challenge the notion that someone born in the United States is automatically considered a citizen.

They also voted down measures to:

- require hospitals to make an effort to determine if the people they are treating are in this country legally

- restrict the registration of vehicles to only legal residents;

- make it a state crime for an illegal immigrant to drive in Arizona;

- bar admission into state universities and community colleges of anyone who cannot prove citizenship or legal residency;

- mandate that cities evict all residents of a public housing unit if even one occupant is an illegal immigrant.

Senators also refused to require parents to provide proof of citizenship or other legal presence for any child being enrolled in school. And they killed a related bill to force schools to produce a count of illegal immigrants in Arizona schools.

Technically, nothing in either measure would have precluded a child from being enrolled, as the U.S. Supreme Court has forbid public schools from imposing citizenship or legal residence requirements on public school students. But the new requirement, coupled with current laws about what schools have to report to law enforcement, could result in some parents who are illegal immigrants deciding not to enroll their children.

"The only thing this bill does is would put fear in the families of those that may have someone in their family who's undocumented," said Sen. Steve Gallardo, D-Phoenix. "It has nothing to do with the kids."

The votes are a major setback for Senate President Russell Pearce, R-Mesa, who wrote or backed each of the five bills.

He has been at the forefront of Arizona's fight to enact new state laws aimed at illegal immigrants and crafted last year's legislation to give police more power to detain illegal immigrants. Until now, most GOP lawmakers have been willing to go along with anything Pearce wanted.

Pearce was visibly unhappy about that, lashing out at those who voted against the bills and other foes.

"The only impediment to enforcing our laws is the lack of political courage on the part of our elected and appointed officials," Pearce said. "You bear the burden and responsibility for the costs and the maimings and the deaths."

Those rejected bills on what have been called "birthright citizenship" proved the most controversial, with several Republicans unwilling to go along with Pearce and the rest of Senate leadership.

SB 1308 and SB 1309 spelled out that Arizona citizenship - and by extension, national citizenship - is limited to the children of those who owe no allegiance to any other country. And the state would have issued a different birth certificate if at least one parent could not prove citizenship or permanent legal residency.

Sen. Adam Driggs, R-Phoenix, said that, if nothing else, the measure is based on the fallacy that citizenship is dependent on a birth certificate. He said even the federal government provides passports with other documentation.

Pearce said the real purpose behind these measures was to force the U.S. Supreme Court to decide the scope of the 14th Amendment. That amendment says, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside." Pearce contends that children of illegal immigrants are not "subject to the jurisdiction" of this country because their parents owe allegiance to a foreign power.

Sen. Steve Yarbrough, R-Chandler, countered that already is a settled issue. And Yarbrough, who said he voted for every prior measure aimed at illegal immigration, said he can't support these two bills because he doubts the U.S. Supreme Court would take up the issue and provide the clear ruling that Pearce wants.

But Sen. Al Melvin, R-Tucson, said the political future of Arizona is dependent on adoption of these bills.

"California chose not to address the illegal alien issue," he said. "For all intents and purposes, that state has been lost politically."

Thursday's votes also came following a plea earlier this week by dozens of business owners to put a halt to further immigration bills.

In a letter to lawmakers, they said Arizona suffered boycotts in the wake of last year's approval of SB 1070 which is designed to give police more power to detain illegal immigrants. They argued that new moves in this direction would throw new barriers in the path of economic development.

Pearce ignored the plea.

"I stand on the side of citizens, not a bunch of businessmen who wrote us a letter," he said.

Sen. John McComish, R-Phoenix, however, specifically cited his copy of that letter in voting against the bills. At the very least, he said, the fight over illegal immigration has become "a distraction'' from more important issues including the budget, crime and health care.

"It's something that people don want us to be focusing on,'' he said.

Sen. Nancy Barto, R-Phoenix, also cited business opposition in saying she could not support the measure which would have required hospitals to make an effort to determine whether their patients have a right to be in this country. SB 1405 also would have mandated that hospital officials call federal immigration authorities when patients could not produce documents.

Barto said that placed an unnecessary burden on the hospitals.

Pearce rejected that contention.

"Is it really that hard to pick up a phone and make a call?'' he asked. He also took a slap at hospitals and other foes, saying they do not care about the impact of illegal immigrants "as long as they get their money.''

"I don't know how much more the taxpayer can bear,'' he said.

The decision by senators to sideline the bills came without the help of Gov. Jan Brewer who said she was aware of the letter from the business leaders. But the governor earlier Thursday refused to ask legislators to put a brake on these measures.

"I believe that illegal immigration is an important subject to the populace in Arizona,'' she said. "It's something that needs probably to be further addressed.''

And the governor sidestepped questions of whether these bills were the answer to the problem.

"I don't know,'' she said. "I have not looked at them. I have not seen them.''

http://azstarnet.com/news/local/govt-an ... 002e0.html

And Yarbrough, who said he voted for every prior measure aimed at illegal immigration, said he can't support these two bills because he doubts the U.S. Supreme Court would take up the issue and provide the clear ruling that Pearce wants.

All the more reason to vote yes. Yardbrough is a coward.

Originally Posted by JohnDoe2

Arizona Senate rejects immigration bills

With Republicans joining the minority Democrats, lawmakers refused to approve bills which, taken together, were designed to challenge the notion that someone born in the United States is automatically considered a citizen.

The votes are a major setback for Senate President Russell Pearce, R-Mesa, who wrote or backed each of the five bills.

Pearce said the real purpose behind these measures was to force the U.S. Supreme Court to decide the scope of the 14th Amendment. Pearce contends that children of illegal immigrants are not "subject to the jurisdiction" of this country because their parents owe allegiance to a foreign power.

During the ratification debates over the amendment in 1866, Sen. Lyman Trumbull of Illinois, who was chairman of the Judiciary Committee, defined the phrase: "The provision is that 'all persons born in the United States, and subject to the jurisdiction thereof, are citizens.' That means subject to the complete jurisdiction thereof. ... What do we mean by 'subject to the jurisdiction of the United States?' Not owing allegiance to anybody else. That is what it means." http://www.alipac.us/ftopict-228896.html

Trumbull's explanation is echoed in the Oath of Allegiance which all legal immigrants must swear, to become citizens. The Oath says in part, "I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen;"

Because the text of the 14th Amendment gives congress the power to enforce it, a simple congressional declaration, restating the authors' intent, should be sufficient.
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Americans first in this magnificent country

American jobs for American workers

Fair trade, not free trade

We have to begin compiling a list for ALL of the TRAITORS to the United States that are somehow In elected office. This Is getting to the point of no return. Our country Is at stake,and these Idiots living In their glass houses In gated communities need to hit the road... right out of OUR COUNTRY. Go live with your Illegal friends somewhere besides here

The state Senate shot down the measures, one of which intended to force a U.S. Supreme Court ruling against automatic citizenship for U.S.-born children of illegal immigrants.

The supporters want a new Mexico here in the U.S., is reason for not wanting to enforce immigration laws.

I'm sorry but if Arizona is that infested with slimy traitors , what chance do the rest of us have?

This is almost to the point of when is enough enough

I'm afraid the true solution cannot be discussed here

Is there any doubt that may be the answer

From my vantage point seeing this stuff on a daily basis , I'm thinking more and more that as a country we are toast

Wecome to mexico

The only ones laughing about this are the illegal aliens

viva la reconquista

Stupid gringos will cut their own thoats for us

Which immigration law would you prefer an Arizona style or a Utah style?
Ah! Ah! they both sound the same so it's hard to choose! Ah! Actually I prefer Mexico style immigration laws!