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."

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