Thread: GOP bill aims to retool immigrant birthright citizenship

GOP bill aims to retool immigrant birthright citizenship
Babies of illegals would not receive citizenship
Stephen Wall, Staff Writer
Posted: 02/14/2010 09:11:01 AM PST

Republican lawmakers in Congress are sponsoring a bill that seeks to abolish birthright citizenship for children born in the United States to illegal immigrant parents.

Federal law automatically grants citizenship to any person born on American soil, regardless of the immigration status of the child's parents.

Supporters of the bill say that many people come to this country for the express purpose of having children who are American citizens, making the family eligible for welfare and other government benefits.

"You have many people coming to this country illegally," said Rep. Gary Miller, R-Brea, a co-sponsor of the legislation. "They come to this country and have babies. The children are citizens. The children are eligible to go to school. They receive food stamps and social programs. The American taxpayers are paying for it."

The bill does not seek to change the Constitution, which grants birthright citizenship under the 14th Amendment ratified in 1868.

Instead, it would amend the Immigration and Nationality Act to clarify the interpretation of the 14th Amendment.

The measure would limit birthright citizenship to children born to at least one parent who is either a citizen, lawful permanent resident or actively serving in the U.S. military. The legislation would only apply prospectively and would not affect the citizenship status of people born before the bill's enactment.

If the bill passes, people on both sides of the issue say it is likely to be challenged on constitutional grounds.

"This bill is unconstitutional," said Rep. Joe Baca, D-San Bernardino. "It would change one of the most basic principles that our nation was founded on: If you were born in the United States, you're an American."

Baca accused the bill's sponsors of playing election-year politics.

"We should ban these types of divisive proposals," Baca said. "All this bill is meant to do is play on people's fears, incite anger and hate surrounding anti-immigration policies. This bill doesn't do anything to fix our broken immigration system."

Rep. Grace Napolitano, D-Santa Fe Springs, declined to comment because she wasn't "fully informed" on the issue, spokesman Nathan Landers said in an e-mail. Napolitano's district includes Pomona.

Rep. Howard P. "Buck" McKeon, R-Santa Clarita, said that granting birthright citizenship worsens the illegal immigration problem.

"There's an incentive for people to come here and quickly have a baby," said McKeon, a co-sponsor of the bill whose district includes Victorville and Barstow. "Since the baby is a citizen, it's harder to send the family back to where they came from if they came illegally. Now you have a citizen and it would split up the family."

Miller said he welcomes the U.S. Supreme Court intervening to settle the debate.

The bill's proponents say the intent of the 14th Amendment was to grant citizenship to emancipated slaves after the Civil War.

The amendment states, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

Miller said the words, "subject to the jurisdiction thereof," should not apply to children born in the United States to illegal immigrant parents.

"You can't tell me a person who is a citizen of any other country is subject to our jurisdiction. They're not," said Miller, whose district includes Chino and Chino Hills. "If their parents are from another country, they are a citizen of that country. They are not subject to the jurisdiction of the United States."

Rep. Jerry Lewis, R-Redlands, has not taken a position on the bill. Jim Specht, his spokesman, said in an e-mail that Lewis believes it is the job of the Supreme Court to interpret the Constitution.

Lewis "understands the problems created by children born in the U.S. to illegal immigrants," Specht said, "but hearings in previous Congresses have shown that bills like the `birthright' bill would have a difficult time passing a constitutional challenge."

Kathleen Lane Schneider, a Redlands Tea Party organizer who plans to run for Lewis' congressional seat in the June Republican primary, criticized Lewis for not taking a stand.

"I think this is a typical thing that Congressman Lewis has done over the years," Schneider said. "He's a follower and not a leader. He will not take a position until he finds out what everybody else thinks."

Schneider said she is in the early stages of her campaign and wasn't prepared to state an opinion on the issue.

Rep. David Dreier, R-San Dimas, supports the Judiciary Committee deciding whether a simple bill or constitutional amendment is needed to change the law, said Jo Maney, his spokeswoman.

"Illegal immigration is absolutely a concern," Maney said. "It's something he's very much opposed to and seeks to end. Getting to the heart of the problem is reducing the incentive to come in the first place."

Adrian Pantoja, associate professor of political studies at Pitzer College in Claremont, said the legislation is "largely symbolic" and unlikely to pass.

"There's a long tradition in America," Pantoja said. "We really don't hold the children responsible for the actions of the parents. It wasn't the child's fault that the parents came here."

McKeon concedes that the bill's sponsors face an uphill battle.

"Right now, it's an impossible thing because Democrats don't support it, and they're controlling everything. We have to win the majority back," McKeon said. "It will be hard to make this happen, but I'm willing to put my name on the line and fight for it."

http://www.sbsun.com/ci_14400978?source=most_viewed

""This bill is unconstitutional," said Rep. Joe Baca, D-San Bernardino. "It would change one of the most basic principles that our nation was founded on: If you were born in the United States, you're an American."

"Baca accused the bill's sponsors of playing election-year politics.

""We should ban these types of divisive proposals," Baca said. "All this bill is meant to do is play on people's fears, incite anger and hate surrounding anti-immigration policies. This bill doesn't do anything to fix our broken immigration system.""

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No, being born in the US does not and never did make you an American. Being born to US citizen parents made you an American, before the 14th Amendment and being born under our jurisdiction made you a citizen. Being born to non-citizens on our soil illegally does not and did not EVER make anyone a US citizen under the US Constitution before or after the 14th Amendment. The US government in writing its "codes" have used executive orders to totally falsify birth right citizenship. Under US Law, no legality like citizenship derives itself from an illegal act against the very nation you're claiming the citizenship. It's absurd beyond discussion.

What morons like Baca want is equivalent to bank robbers being able to take their stolen money to a bank and make a legal deposit, and then claim it's theirs because it was deposited legally. Uuuh, no, sorry! Not under the laws of these United States, as every true American knows.

"These children have only their ILLEGAL parents to blame; Abuse of the 14th Amendment to create an Anchor for U.S. Citizens to furnish benefits! The Elitist Politicians and Elitist Contributors are socializing benefits to the ILLEGALS for the ILLEGAL EMPLOYERS, veiled as welfare for U. S. Citizens, on the backs of U.S. Citizens through our assets such as the Education System, Social Security, and Health Care not to mention our National Security while privatizing the profits for themselves! The reason the ILLEGALS have the Anchors, furnishing a opportune SOB story, is to stay in the U.S. to receive the benefits, their Anchors are nothing more than throwaways for their agenda; if they were important to the parents they would take their children with them when they returned to their HOME countries . They do not want to be Citizens of the U.S. only to the extent that it would allow the ILLEGALS to remain in the U.S. for our tax money and they will return south of the border as soon as they have drained the U.S. Dry."

Originally Posted by lccat

"These children have only their ILLEGAL parents to blame; Abuse of the 14th Amendment to create an Anchor for U.S. Citizens to furnish benefits! The Elitist Politicians and Elitist Contributors are socializing benefits to the ILLEGALS for the ILLEGAL EMPLOYERS, veiled as welfare for U. S. Citizens, on the backs of U.S. Citizens through our assets such as the Education System, Social Security, and Health Care not to mention our National Security while privatizing the profits for themselves! The reason the ILLEGALS have the Anchors, furnishing a opportune SOB story, is to stay in the U.S. to receive the benefits, their Anchors are nothing more than throwaways for their agenda; if they were important to the parents they would take their children with them when they returned to their HOME countries . They do not want to be Citizens of the U.S. only to the extent that it would allow the ILLEGALS to remain in the U.S. for our tax money and they will return south of the border as soon as they have drained the U.S. Dry."

It's outrageous that our stupid government ever thought the offspring of an illegal alien was a US citizen under the 14th Amendment. It just goes to show the low caliber of government workers we've had through the years in the Departments of State, Justice, Homeland Security, White House and US Congress. And most of them were lawyers to boot!

Oh wait ... lawyers .... hmmm .... well, no wonder! Carry on.

Passing this bill would solve alot of problems....#1 pregnant woman would not be running across the border, using the emergancy rooms to have their babies, imagine the saving to hospitals.

It would not give our government an excuse to allow illegal aliens to remain here because the anchor would be removed.

Pass this law and stop making excuses!

Originally Posted by SOSADFORUS

Passing this bill would solve alot of problems....#1 pregnant woman would not be running across the border, using the emergancy rooms to have their babies, imagine the saving to hospitals.

It would not give our government an excuse to allow illegal aliens to remain here because the anchor would be removed.

Pass this law and stop making excuses!

And just imagine the savings in welfare costs to anchor babies.

Originally Posted by ReggieMay

Originally Posted by SOSADFORUS

Passing this bill would solve alot of problems....#1 pregnant woman would not be running across the border, using the emergancy rooms to have their babies, imagine the saving to hospitals.

It would not give our government an excuse to allow illegal aliens to remain here because the anchor would be removed.

Pass this law and stop making excuses!

And just imagine the savings in welfare costs to anchor babies.

HUGE!!

This is the single biggest thing our country can due to restore itself from the ravages of illegal immigration. Everywhere you go you see Spanish speaking families with their Spanish speaking children. It is not and never has been about single men here working to send money back home. They have come here, had children and intend to stay.

Originally Posted by SOSADFORUS

Passing this bill would solve alot of problems....#1 pregnant woman would not be running across the border, using the emergancy rooms to have their babies, imagine the saving to hospitals.

It would not give our government an excuse to allow illegal aliens to remain here because the anchor would be removed.

Pass this law and stop making excuses!

ABSOLUTELY!! PASS THIS BILL!!

I hope they pass the bill too. I hope its not to late to help. I am sure it will cause a monsoon of fake birth certificates (including the presidents) and social security cards that will fool people like Janet Napolitano. It seems that illegal Hispanics have several id's already. Its what they do. Steal and take things that arent theirs.