Thread: Measures would target birthright citizenship

Published: 12.04.2007
Measures would target birthright citizenship
The Associated Press

Arizona voters may be asked to decide whether to prohibit the state from issuing birth certificates to children of non-U.S. citizens and require hospitals to check the citizenship of parents of newborns.
Those are key provisions of a proposed initiative filed Friday for possible inclusion on the November 2008 ballot, and a leading legislative critic of illegal immigration says he plans similar but separate legislation to take the issue to voters.
Della Montgomery, the woman who filed the proposed initiative with the Secretary of State's Office, did not immediately return a call for comment Monday, but the proposed "Birthright Citizenship Alignment Act" appears to be aimed at illegal immigration.
"They are awarding the full privileges of United States citizenship of all persons born in the state without regard for the clear and equal requirements of federal law that a person born in the United States, shall citizenship be bestowed, shall not be subject to any foreign power and owe direct and immediate allegiance to the United States," the proposed initiative's declaration of purpose states.
Some critics of illegal immigration contend that the U.S. Constitution's 14th Amendment has been misapplied and was never intended to automatically grant citizenship to babies of illegal immigrants.
The constitutional provision was enacted after the Civil War and was meant to apply to former slaves, said Rep. Russell Pearce, R-Mesa. "It has nothing to do with aliens."
Supporters of the proposed initiative would need to submit signatures of at least 153,365 voters by July 3 to qualify the measure for the ballot, while legislative approval alone would be enough to put a referendum being drafted by Pearce on the ballot.
While generally banning issuance of birth certificates to non-citizens, the measure would permit one to be issued to a child whose mother is a foreign citizen and whose father is a U.S. citizen if the father formally acknowledges parentage and agrees in writing to financially support the child until adulthood.
The initiative also would require that hospitals submit "certified documentation of the parents' United States legal status" to local registrars with birth certificates for newborns.
Arizona Hospital and Healthcare Association officials did not immediately return a call for comment.
Pearce said he has no involvement with the initiative campaign other than to twice speak on the phone with the applicant, Della Montgomery, to review her proposed wording.
"I helped tweak it a little bit," he said. "What she gave me looked pretty good."
http://www.tucsoncitizen.com/daily/local/70521.php

This won't hold up. It will be challenged as unconstitutional. I don't think cities, on their own, can take away birthright citizenship. We need an amendment to the Constitution.

An Amendment to the Constitution at the Federal level, or a Supreme Court decision to reverse the "current interpretation," which would require someone filing a lawsuit and getting it appealed all the way to the Supreme Court.

California is attempting to do the same thing and they are hoping for a law suit so this question can be answered by our Supreme Court.

It's about time to end this charade and it seems only the Supreme Court can do that even though we have a bill in congress H.R. 1940 but I don't think the Dems will never agree to it .

Perhaps they know it won't pass but the intended consequences are to take it all the way to the Supreme Court?
Just a thought.

Originally Posted by jean

Perhaps they know it won't pass but the intended consequences are to take it all the way to the Supreme Court?
Just a thought.

Jean, I think I read some where thats the plan

Would be nice if the law could be retroactive back to when it was originally amended after the civil war.

"It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds"- Samuel Adams

Originally Posted by MyAmerica

Would be nice if the law could be retroactive back to when it was originally amended after the civil war.

AMEN .. but FINALLY something's happening with this! It will have to go to the Supreme Court for a 2nd interpretation. This will trigger a lawsuit for that to happen.

I seem to recall reading that the Mexican consulates in the US issue Mexican birth certificates to these anchor babies. If that's the case, then these kids are NOT under the jurisdiction of the US and therefore cannot be citizens of the US (If neither parent is here legally).

Arizona hospital group 'concerned' by birthright initiative
Associated Press
Dec. 4, 2007 02:44 PM

The Arizona Hospital and Healthcare Association says it's troubled by a proposed ballot initiative that would prevent birth certificates from being issued to children of illegal immigrants.

The association says it's still studying the newly filed proposal but that it appears it would place hospital personnel in a law enforcement role. That might erode the trust between providers and patients.

The "Birthright Citizenship Alignment Act" proposed for the state's November 2008 ballot would require hospitals to check the citizenship of parents of newborns.

Some critics of illegal immigration contend that the U.S. Constitution's 14th Amendment has been misapplied and was never intended to automatically grant citizenship to babies of illegal immigrants.
http://www.azcentral.com/news/articles/ ... 04-ON.html