Thread: CA: Shut down of illegal maternity ward in San Gabriel elici

Shut down of illegal maternity ward in San Gabriel elicits differing responses from local legislators

By Adolfo Flores, Staff Writer
Posted: 03/23/2011 07:28:05 PM PDT

SAN GABRIEL - The discovery of an illegally-converted townhouse catering to Asian maternity tourists prompted local legislators Wednesday to discuss the enforcement of immigration law.

But while state Assemblyman Tim Donnelly, R-Claremont urged changes to the U.S. Constitution's 14th Amendment, Rep. Judy Chu, D-El Monte, called for a comprehensive local approach to the problem.

"People can come here on a Visa and circumvent immigration laws ... what about those folks that wait in line?" Donnelly said. "It's really an issue of do we want to encourage behavior that undermines the rule of law?"

Donnelly suggested a change to the 14th Amendment, which says "All persons born or naturalized in the United States ... are citizens of the United States," could put a dent in maternity tourism, which takes advantage of gray areas in the law.

Two weeks ago, San Gabriel officials uncovered a makeshift maternity ward with 10 newborns and about 12 Chinese nationals crammed into an illegally-converted townhouse, according to documents obtained by this newspaper.

Dwight Chang of Arcadia, who owns the house in the 1300 block of South Palm Avenue, had been warned twice before for operating a business that primarily caters to Asian "maternity tourists," officials said.

A city code enforcement team, accompanied by building inspectors and San Gabriel police officers shut down the operation March 8, and issued a citation to Chang, documents indicate.

Chu said tighter enforcement of local building codes would prevent what she described as a deplorable situation from happening.

"The 14th Amendment is fundamental to the U.S. and too important to change because of the practice of a few," Chu said. "I think the practice is far from the norm and it would be a severe disservice to our nation if millions of immigrants are painted with the same brush."

Chu said she expects the House Judiciary Committee to take up a discussion of proposed changes to the amendment sometime this term.

Donnelly insisted reform needs to take place.

"Changing the 14th Amendment won't just stop birth tourism, but (prevent) people who come here illegally from getting a foothold in the country. It's an issue of fundamental fairness," he said.

USC law professor David Cruz said sweeping changes to the Constitution require a lengthy amendment process, that includes approval by two-thirds of both houses and three-fourths of state legislatures.

His colleague Niels Frenzen said such a change wouldn't likely stem the tide of illegal immigration.

"The primary reason people come to this country without legal documents is for improving and bettering their lives not the acquisition of citizenship for children," Frenzen said. "I don't think changing the 14th Amendment would make much of a difference or affect the pull factors to come, it would just result in the creation of an even larger shadow population."

Even if the 14th Amendment is changed so that it doesn't apply to children of parents who are not in the country legally it would do little to stop birth tourism, Frenzen said, since the mothers come here legally.

"My recollection is that Homeland Security previously said it was not a violation of a tourist visa to give birth here," Frenzen said.

Short of a direct change to the Constitution, lawmakers could pass legislation intrepreting the 14th Amendment.

"That's an open question as to whether or not a congressional law can interpret the 14th Amendment," Frenzen said. "That would be much easier to do legislatively."

State Assemblyman Mike Eng, D-Alhambra, said the best solution lies in comprehensive immigration reform.

"The question would be who would be a U.S. citizen," Eng said. "It's a challenge and will create more confusion and division. The American people want solutions not political slogans."

San Gabriel Mayor David Gutierrez said the makeshift maternity ward was likely an isolated incident. He called for strict code enforcement, but said he understood the motivations of those seeking to give birth in the United States.

"When we look at the overall disadvantages that some countries still experience with quality of life and so on you're always going to have those people who will take the opportunity to provide a better living situation for their children," Gutierrez said.

"They should certainly be commended for looking at the future welfare of their children but we need to be very careful that as a result it doesn't impact services and quality of life that we provide for U.S. residents."

http://www.pasadenastarnews.com/ci_17686154

Originally Posted by jean

Shut down of illegal maternity ward in San Gabriel elicits differing responses from local legislators

Chu said tighter enforcement of local building codes would prevent what she described as a deplorable situation from happening. "The 14th Amendment is fundamental to the U.S. and too important to change because of the practice of a few," Chu said.

Again someone who is against enforcing our immigration laws tries to mislead people re the meaning of the 14th Amendement's citizenship clause: "'all persons born in the United States, and subject to the jurisdiction thereof, are citizens."

When trying to interpret legislation we look first at its words. If there is any doubt about their meaning, we then look to statements made in congress. Corroborating legislation is a third source of meaning.

During the ratification debates over the amendment in 1866, Sen. Lyman Trumbull of Illinois, who insisted on including the citizenship clause, said, "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."

We can see corroboration for the importance of allegiance by referring to the Oath of Allegiance which all legal immigrants must swear, to become citizens. The Oath begins, "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";

Illegal aliens cannot swear the Oath of Allegiance, so they cannot possibly become citizens. Illegal aliens cannot convey citizenship to their offspring, because that status was never theirs to convey.

We can of course apply our laws to all people who are on our territory. That's sometimes called "territorial jurisdiction." For example, if tourists are convicted of shoplifting, we can incarcerate and deport them. But incarcerating and/or deporting people does not transform them into citizens. They are merely criminal aliens.

A congressional reaffirmation of the true meaning and intent of the 14th Amendment would benefit Pro-Americans, but there is no need to change the Amendment. Its authors were crystal clear about its meaning. If they knew what was being done in their name, they would be spinning in their graves.

Even if the 14th Amendment is changed so that it doesn't apply to children of parents who are not in the country legally it would do little to stop birth tourism, Frenzen said, since the mothers come here legally.

"My recollection is that Homeland Security previously said it was not a violation of a tourist visa to give birth here," Frenzen said.

These people are throwing everything in but the kitchen sink in order to make excuses as to why we cannot deal with this issue. People who come here legally on tourist visas are not citizens (they are tourists) and thus, cannot convey US citizenship to their offspring if born here.

Why is that so difficult to understand? Come here as a tourists and leave as an American citizen! If this sounds right to you, then this country is in worse shape than I thought.

San Gabriel Mayor David Gutierrez said the makeshift maternity ward was likely an isolated incident. He called for strict code enforcement, but said he understood the motivations of those seeking to give birth in the United States.

"When we look at the overall disadvantages that some countries still experience with quality of life and so on you're always going to have those people who will take the opportunity to provide a better living situation for their children," Gutierrez said.

"They should certainly be commended for looking at the future welfare of their children but we need to be very careful that as a result it doesn't impact services and quality of life that we provide for U.S. residents."

Yes, I'm sure we need to be very careful, but you know that this only applies to non-hispanic birth tourism and other illegals giving birth in this country.... in their eyes...

STOP issuing visa's to pregnant women.

Originally Posted by TakingBackSoCal

STOP issuing visa's to pregnant women.

That may help but won't make that much of an impact. Women can be 4-5 months pregnant and we wouldn't even know. Then count in all those who come on a visa of any sort and could still screw the first guy they met and still have an issue since one can easily come for 3 months, extend for another 3 months, and then play the hiding game as we have no exit visa procedures yet for 3 more months and then what can we do.

Only was to solve this issue is fixing the 14th Amendment abuse and have it NO child of an illegal alien gains citizenship at birth and has no legal residency within the US. Make it so the Mothers citizenship is the only citizenship to pass to the child unless married through a lawful wedding where one cannot be an illegal alien at time of the wedding or birth.

Maybe requiring any woman entering the country to sign paperwork that will require that if she is or gets pregnant here the child when born will be of her original nationality and not US.

Originally Posted by BillCunnane

Maybe requiring any woman entering the country to sign paperwork that will require that if she is or gets pregnant here the child when born will be of her original nationality and not US.

Don't need that even. Just simply stop giving out US Citizen BC's. Far as I'm aware there was never any law or legislation deeming that children of illegals are US Citizens, its just how a few at one time interpreted. We can easily have a few more re-interpret it the other way and such could be done with ONLY a Presidential order. That would force Congress or the SC to act if they actually want illegal children to be citizens.

California officials close ‘maternity tourist’ site where 2 Chinese mothers, 7 babies found
By Associated Press, Thursday, March 24, 7:25 PM

SAN GABRIEL, Calif. — For months, neighbors noticed a number of pregnant Asian women coming and going at all hours at an upscale townhouse development in suburban Los Angeles.

They finally found out the home was being used as a maternity center for Chinese mothers paying thousands of dollars to give birth in the United States so their children would automatically gain citizenship, city officials said.

The discovery of the center where women stayed before and after delivering their babies at local hospitals was unusual and a possible sign that birthright citizenship is being exploited as a lucrative business, an immigration activist said.

“What this could suggest is ... they’re taking it to the next step,â€

They should certainly be commended for looking at the future welfare of their children but we need to be very careful that as a result it doesn’t impact services and quality of life that we provide for U.S. residents,â€