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Fears Surface Over Bill Denying Citizenship to Some U.S.-Born Babies

Eastern Group Publications, Inc., News Report, Selene Rivera, Feb 27, 2006

LOS ANGELES – Legislation denying citizenship to children born to undocumented immigrants residing in the United States, sits quietly in Congressional subcommittee while the Senate gears up to debate a second law, HR 4437, that immigration right's groups say unfairly hurts undocumented immigrants.

And although the citizenship legislation, HR 4437, the "Border Protection and Anti-Terrorism and Illegal Immigration 2005 Control Act," does not appear to be moving quickly, many undocumented immigrants say they fear that situation could quickly change.

"At my age, my biggest dream is to have a child, but I don't want him to suffer what I've suffered as an illegal," says Los Angeles resident, Cecilia Ruiz.

"I know that for now such an initiative is not law, but I worry about my future and having to leave my child behind if I'm ever deported," says the 30-year- old woman.

Introduced last year by the author of HR 4437, Republican James Sensenbrenner, and endorsed by other Republican elected officials including Tom Tancredo, Nathan Deal, J. D. Hayworth and Jack Kingston, "The Citizenship Reform Act" proposes that only children born to American citizens, naturalized citizens or permanent residents be given U. S. citizenship.

Currently, the U.S. automatically grants citizenship to all those born in the country, except children born to diplomats subject to international treaties.

Alleging that close to 300,000 undocumented woman cross the border every year to give birth to children in the U. S. as a ploy to get US citizenship and that the cost to taxpayers for medical and prenatal care is too high, Republicans endorsing the anti-citizenship measure say they will not rest until they see the legislation become law.

A possible reemergence of the proposition keeps activists pro-immigrant groups worried and alert, with some saying they are prepared for its return due to the recent anti-immigrant wave of "vigilantes," extremists" and "unconstitutional laws" being pushed in the country.

"An initiative that denies citizenship to children of undocumented immigrants goes against the Constitution," says Angela Sambrano, president of the Central America Resource Center.

According to the 14th Amendment, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States."

"The legislation would change the U. S. Constitution. That's why it hasn't advanced to the Senate. But we know the Republicans in favor of this act will come back to try and take away the rights to citizenship and we will be there to fight them," says Sambrano.

According to the reform's sympathizers, not only prenatal care to undocumented immigrants is expensive, but the automatic citizenship to those children is an invitation for immigrants to cross the border illegally looking for citizenship through their "anchor babies" who, at the age of 21, according to the law, can apply residency status for their parents and siblings not born in the U.S.

To deny a child the right to be a citizen because his mother is undocumented is something we [activists] will not tolerate," says Michelle Waslin of National Council of La Raza.

"Most women don't plan to get pregnant so that in 21 years they can become residents," said Ruiz. "That's crazy... if I wanted it that way, then I would be getting married to a 'gringo,' so I don't have to wait that long for my legal residence..." she says.

Sambrano points out that it is important Senators not let the proposal advance to the Senate's judicial committee, and she urges the immigrant community and supporters of human rights to fight the anti-immigrant wave in the country. Their voices, she says, also need to be heard.

Sympathizers of the measure argue that implementation of the "Citizenship Reform Act" is necessary because undocumented families with citizen children benefit from too many taxpayer supported benefits, such as access to hospitals, medical care, food stamps and other services, without contributing enough to the financial cost.

Pro-immigrant organizations such as the Coalition of Humane Immigrant Rights of Los Angeles, Hermandad Mexicana and Centro Azteca, say they will continue to fight for fair immigration reform.