14 states may target birthright citizenship

[Bad_Daddy 2,209]

http://news.yahoo.com/s/yblog_thelookout/14-states-may-target-birthright-citizenship

Arizona state politicians will introduce model legislation this week to encourage states to prevent children of illegal immigrants from being granted citizenship under the 14th Amendment.

Lawmakers in at least 14 states have said they are committed to passing the legislation targeting birthright citizenship. Arizona's anti-illegal-immigrant bill, SB-1070, was also based on model legislation that could be easily copied by states, and at least seven states are likely to pass bills similar to the first Arizona immigration overhaul this year, according to one analysis by an immigrants rights group.

Arizona state Senator Russell Pearce will unveil the bill Jan. 5 in Washington, D.C., the Arizona Capital Times reports. The paper says lawmakers in Alabama, Arizona, Delaware, Idaho, Indiana, Michigan, Mississippi, Montana, Nebraska, New Hampshire, Oklahoma, Pennsylvania, Texas and Utah have said they want to introduce similar legislation this year.

Pearce argues that the "original intent" of the 14th Amendment was to grant citizenship to freed U.S. slaves, and that it was never meant to apply to the children of foreigners. A Phoenix New Times writer, however, argues that lawmakers who originally passed the amendment took into account the cases of children of Chinese immigrants in California as well as children of gypsies when drafting the measure. A 19th-century Supreme Court precedent also backs that interpretation, though no Supreme Court case has yet dealt with the issue of offspring of illegal immigrant parents.

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."

Ali Noorani of the immigrant-rights group the National Immigration Forum told The Lookout that he believes leaders in more states will try to counter the thrust of the birthright initiative by adopting resolutions that eschew state laws cracking down on illegal immigration. Religious and political leaders in Utah recently signed a compact advocating for a "humane" approach to immigration, which other states could copy.

[Brother Hesekiel 2,236]

It is completely impossible to amend the Constitution as there are simply not enough votes for this. Imagine getting a 2/3rd majority just to propose it and then, the absolute killer, a 3/4th majority among the 50 States of the Union to ratify it. Mission impossible.

I personally believe that they will try to have the 14th amendment re-interpreted by the Supreme Court. Some States introduce legislation preventing children of illegal immigrants to get birth certificates, the Feds challenge it in court; the Appeals Courts decide, and the thing ends up at the Supreme Court where they say jay or nay.

[peejay 327]

It is completely impossible to amend the Constitution as there are simply not enough votes for this. Imagine getting a 2/3rd majority just to propose it and then, the absolute killer, a 3/4th majority among the 50 States of the Union to ratify it. Mission impossible.

I personally believe that they will try to have the 14th amendment re-interpreted by the Supreme Court. Some States introduce legislation preventing children of illegal immigrants to get birth certificates, the Feds challenge it in court; the Appeals Courts decide, and the thing ends up at the Supreme Court where they say jay or nay.

So far there has not been a definitive ruling that only an amendment to the constitution can end birthright citizenship for illegal aliens. There weren't any illegal aliens when the 14th amendment was passed. In any event, the best the states can do now is refuse to issue birth certificates to illegal aliens. However, the US congress could pass some sort of legislation denying citizenship to illegals, but that would likely go to the courts as well. Not that I'm an expert, but more educated people than myself are unsure whether it would take a constitutional amendment or whether it could be done legislatively.

Other civilized and industrialized democracies have ended birthright citizenship or severely limited it long ago. The US needs to enter the 21st century in this regard.

[mawilson 2,133]

Other civilized and industrialized democracies have ended birthright citizenship or severely limited it long ago. The US needs to enter the 21st century in this regard.

Birthright citizenship wouldn't be so bad if our borders were not wide open.

[Pooky 3,825]

Birthright citizenship wouldn't be so bad if our borders were not wide open.

Birthright citizenship might not be so bad if current policy did not encourage abuse of this privilege.

As it is, the abuse is so prevalent and widespread, including foreign citizens visiting the USA for the sole purpose of having their baby in this country, that this country cannot sustain this practice in its current form.

Edited January 4, 2011 by Pooky

[peejay 327]

Birthright citizenship wouldn't be so bad if our borders were not wide open.

Canada isn't a significant problem. Mexico is the main problem. As is the lack of credible deterrents to visa overstays. And the lack of any meaningful deterrents to illegal immigration and unauthorized work in general.

Birthright citizenship for illegals is just one of many problems that need attention. It's not just one thing that needs to be done. It's a whole laundry list.

No more amnesties would be a starter.

[SMR 368]

The problem isn't birthright citizenship, our open borders, or people who abuse this situation. The problem is welfare entitlement. If every US citizen had to pull his or her own weight or at least be supported by family, a growing number of citizens would be a boon, not a burden. It's only because many of these babies will become anchors around the necks of taxpayers that this is even an issue.