Thread: Border fence, citizenship denial opposed

http://www.elpasotimes.com/apps/pbcs.dl ... 30307/1001

Thursday, February 23, 2006

Border fence, citizenship denial opposed

Louie Gilot
El Paso Times
Thursday, February 23, 2006

Copyright 2006, El Paso Times

El Pasoans oppose the construction of a fence along the border to limit illegal immigration and want the government to continue giving automatic citizenship to babies born on U.S. soil even if the parents are not U.S. citizens, an El Paso Times/KVIA-ABC 7 Poll indicates.

The poll, by The Reuel Group, found that close to 57 percent of habitual voters opposed the construction of two layers of reinforced fencing with lights, cameras and sensors -- which many critics are calling a wall -- in sections along 700 of the 2,000 miles of the U.S.-Mexico border. In a second poll question, close to 61 percent of the same voters said they opposed denying so-called birthright citizenship to babies born in the United States.

The fence proposal is part of HR4437, the House immigration bill passed late last year, and will be considered by the Senate, possibly next month. The revocation of the birthright citizenship had more than 70 sponsors in the House, but was not ultimately included in HR4437. However, political experts said the topic is bound to come up again this year.

El Pasoans who were not part of the poll protested the initiatives on various grounds. Mostly, they felt it wouldn't work and would waste money.

"People are going to find a way (to come to the United States) no matter what," said Gerardo Anaya, a nurse. "Not all the border is going to be covered. I don't think it's a wise way to spend income."

The House bill does not include a cost estimate or a funding source for the fence.

Musician Jim Ward objected to the escalation of border enforcement.

"We should build four walls with a maze in the middle," he said, sarcastically. "It's offensive to me. The whole country is built on immigration."

One supporter of the fence was Bob Masling, founder of the Texas Border Regulators, a recently formed group of Minutemen-style volunteer patrollers operating around Fabens. Masling brought up recent violent incidents involving drug smugglers on the border in Hudspeth County.

"We need a permanent barrier, something that can easily be patrolled for the safety of officers and people who live along the border. But it's going to take time. What we need right now is the military on the border. If we can secure the border of North Korea, we surely can secure this border," Masling said.

One section of the proposed double fence would start five miles west of the Columbus, N.M., port of entry and end 10 miles east of El Paso.

El Paso's congressman, Democrat Silvestre Reyes, voted against the immigration bill and said it went overboard, did little to deal with homeland security concerns and distracted from efforts to deal with the economic roots of immigration. Reyes, President Bush and others support the creation of a guest-worker program.

El Pasoans' opinions in the poll were divided according to political affiliation.

In the sample, Democrats were strongly against the construction of a border fence -- 62 percent opposed it and 29 percent favored it. But Republicans were split, 48 opposing it and 45 percent in favor. For the birthright citizenship question, 62 percent of Democrats and 51 percent of Republicans opposed denying the benefits.

The margin of error was plus or minus 5.5 percentage points.

The House immigration bill last year was sponsored by U.S. Rep. James Sensenbrenner, R-Wis.; the amendment about the fence by U.S. Rep. Tom Tancredo, R-Colo.; and the proposal to deny birthright citizenship by U.S. Rep. Nathan Deal, R-Ga.

Tony Payan, assistant professor of political science at the University of Texas at El Paso, said it would be a dangerous precedent to deny citizenship to some babies born in the United States while the 14th Amendment of the Constitution guarantees the right to all.

Undocumented immigrant parents "are not going anywhere. All you're doing is making their children undocumented as well," he said.

The Rev. Ben Flores, a priest at San Antonio de Padua Catholic Church, said denying birthright citizenship means closing one of the few remaining legal avenues for undocumented immigrants to legalize their status.

"It just makes the situation even worse," he said.

A U.S. citizen child can sponsor his parents to become legal residents once he turns 18.

A survey last year by Rasmussen Reports, a public opinion research firm, found 49 percent of Americans in favor of ending birthright citizenship, and 41 percent in favor keeping it. That survey also showed 60 percent of Americans favored building a barrier along the border between the United States and Mexico and just 26 percent opposed to it.

Louie Gilot may be reached at lgilot@elpasotimes.com; 546-6131.

I sent that reporter the following e-mail.

In your article dated today, there is a factual error. I quote, "Tony Payan, assistant professor of political science at the University of Texas at El Paso, said it would be a dangerous precedent to deny citizenship to some babies born in the United States while the 14th Amendment of the Constitution guarantees the right to all."

This statement of blanket citizenship is an assumption that is quickly dispelled by reading the amendment itself.

Section 1. 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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The germane portion is "...and subject to the jurisdiction thereof ..."

Obviously a foreign national is NOT subject to the jurisdiction of the United States, but is subject to the jurisdiction of their country of origin. This Amendment was written to grant citizenship rights to slaves that were freed following the Civil War. It does not apply to Foreign Ambassadors or illegal aliens.

I hope this helps to clear up your confusion.


I doubt I get any response and of course there will be no retraction. I think I'll send it to the Editor, too.