Published: Aug. 13, 2010
Updated: 9:23 p.m.

Should all babies born here be citizens?

By DENA BUNIS COLUMNIST
THE ORANGE COUNTY REGISTER
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There's probably zero chance that the votes are there either in Congress or in statehouses around the nation to amend the U.S. Constitution so the children of illegal immigrants do not get so-called birthright citizenship.

But that hasn't stopped lawmakers from raising the issue as one more flashpoint in the emotional immigration debate.

The question is whether or not the 14th Amendment should be changed so that just being born on the terra firma of the U.S. makes one a citizen.

Sen. Lindsey Graham, who several months ago was the only Republican in the Senate to be working on a comprehensive immigration bill, has switched gears in recent weeks and is now a key proponent of a 14th amendment change.

Graham, R-S.C., has said he worried about what he says are the thousands of illegal immigrants who cross the U.S.-Mexican border each year for the sole purpose of having a baby here, a child who will automatically be a U.S. citizen. Some call these children "anchor babies.''

Graham has said this practice could lead to a "third wave" of illegal immigration.

A new study by the Pew Hispanic Center found that about 340,000 of the 4.3 million babies born in the United States in 2008 were the children of illegal immigrants, many of whom were Mexican.

According to Pew, undocumented immigrants represent slightly more than 4 percent of the adult population of the U.S. But their children represent 8 percent of the newborn population.

Amending the Constitution would require a two-thirds vote of the House and Senate and then three-quarters of the state legislatures would have to ratify it. Seems like more than a long shot.

The 14th Amendment was enacted by a Republican-controlled Congress after the Civil War to ensure that there was no question that freed slaves would be American citizens. And for more than a century the courts have interpreted it to apply to anyone born here.

Opponents of making any change say this is the conservative wing of the Republican Party pandering to the anti-immigrant sentiments of the GOP base.

Most Democrats have not even engaged in the debate because the chances of it going anywhere have always been but considered to be slim and none.

Some in Graham's own party – while sympathetic to his cause – say amending the Constitution is not the way to go.

Miller is one Republicans who believes Congress can act to change the requirements for someone born here to be a U.S. citizen.

The final section of the 14th Amendment reads: "The congress shall have the power to enforce, by appropriate legislation, the provisions of this article.''

"We could legislate how the amendment is applied,'' Miller said in an interview. "I'm sure there would be a court challenge,'' he added, but believes it's worth trying.

Miller has taken over sponsorship of a bill originally authored by Georgia Rep. Nathan Deal, who left Congress earlier this year. Under the legislation, for children born to married parents, either the mother or father would have to be U.S. citizen or legal permanent resident in order for the child to automatically be a citizen. If the baby is born out of wedlock, the mother would have to be here legally in order for her child to be a citizen.

"We will keep reintroducing this until we get something done,'' Miller said.

This is a suggestion that for years has been laughed off and not even discussed openly in political circles. But Graham's entrance into the debate has upped the profile of the idea.

Graham and Miller say there is a new birthright citizenship threat: from people who come here with tourist visas for the express purpose of having a U.S. citizen baby.

Miller cites a report from the National Center for Health Statistics that says birth tourism has grown about 53 percent between 2000 and 2006, with about 8,000 children born to tourists.

Businesses have sprung up that provide for mothers, he says, who want to have a child in the United States. They arrange for doctors, hospitals for delivery and accommodations after the child is born.

But although GOP leaders like Senate majority Leader Mitch McConnell and House Republican Leader John Boehner have embraced the idea of holding hearings on this issue, many Republicans are not enamored of the idea.

"I don't support changing the 14th amendment,'' said Republican Senate candidate Carly Fiorina after a stop this week at the California Hispanic Chambers of Commerce in downtown Los Angeles.

"I think what we need to do is have the federal government do its job and secure the border and have a temporary worker program that works,'' Fiorina told reporters. "And all the rest of it is a distraction and, unfortunately, an emotional distraction.''

Fiornia's opponent, three-term Democratic Sen. Barbara Boxer also opposes any change in the Constitution to deny children citizenship rights.

And she supports a comprehensive immigration reform bill that would allow a path to citizenship for illegal immigrants.

Most political experts believe that in House and Senate races across the country the key issue will be jobs and the economy. But in some states and some key districts immigration could factor into close races.

We'll be watching.

Bunis is the Register's Washington bureau chief.
Contact the writer: (202) 628-6381 or dbunis@ocregister.com

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