Ariz. Lawmaker: Stop Automatic Citizenship
Jillian Custard, 6, and her brother Tyler, 4, of Phoenix, Ariz., pick through the thick carpet of gooseneck barnacles growing on the bottom of a plastic fish bin discovered on Sunset Beach in Warrenton, Ore. on Monday, June 11, 2012. The bin, which had Japanese writing on it, is believed to be debris from the tsunami. (AP Photo/The Daily Astorian, Alex Pajunas) / Alex Pajunas
Emboldened by passage of the nation's toughest law against illegal immigration, the Arizona politician who sponsored the measure now wants to deny U.S. citizenship to children born in this country to undocumented parents.
Legal scholars laugh out loud at Republican state Sen. Russell Pearce's proposal and warn that it would be blatantly unconstitutional, since the 14th Amendment guarantees citizenship to anyone born in the U.S.
But Pearce brushes aside such concerns. And given the charged political atmosphere in Arizona, and public anger over what many regard as a failure by the federal government to secure the border, some politicians think the idea has a chance of passage.
"I think the time is right," said state Rep. John Kavanagh, a Republican from suburban Phoenix who is chairman of the powerful House Appropriations Committee. "Federal inaction is unacceptable, so the states have to start the process."
Earlier this year, the Legislature set off a storm of protests around the country when it passed a law that directs police to check the immigration status of anyone they suspect is in the country illegally. The law also makes it a state crime to be an illegal immigrant. The measure, which takes effect July 29 unless blocked in court, has inflamed the national debate over immigration and led to boycotts against the state.
An estimated 10.8 million illegal immigrants were living in the U.S. as of January 2009, according to the Homeland Security Department. The Pew Hispanic Center estimates that as of 2008, there were 3.8 million illegal immigrants in this country whose children are U.S. citizens.
Pearce, who has yet to draft the legislation, proposes that the state of Arizona no longer issue birth certificates unless at least one parent can prove legal status. He contends that the practice of granting citizenship to anyone born in the U.S. encourages illegal immigrants to come to this country to give birth and secure full rights for their children.
"We create the greatest inducement for breaking our laws," he said.
The 14th Amendment, adopted in 1868 in the aftermath of the Civil War, reads: "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." But Pearce argues that the amendment was meant to protect black people.
"It's been hijacked and abused," he said. "There is no provision in the 14th Amendment for the declaration of citizenship to children born here to illegal aliens."
John McGinnis, a conservative law professor at Northwestern University, said Pearce's interpretation is "just completely wrong." The "plain meaning" of the amendment is clear, he said.
Senate candidate Rand Paul, a Kentucky Republican and darling of the tea party movement, made headlines last month after he told a Russian TV station that he favors denying citizenship to the children of illegal immigrants.
A similar bill was introduced at the federal level in 2009 by former Rep. Nathan Deal, a Georgia Republican, but it has gone nowhere.
The Federation for American Immigration Reform, based in Washington, said Pearce's idea would stop immigrants from traveling to the U.S. to give birth.
"Essentially we are talking about people who have absolutely no connection whatever with this country," spokesman Ira Mehlman said. "The whole idea of citizenship means that you have some connection other than mere happenstance that you were born on U.S. soil."
Citizenship as a birthright is rare elsewhere in the world. Many countries require at least one parent to be a citizen or legal resident.
Adopting such a practice in the U.S. would be not only unconstitutional but also impractical and expensive, said Michele Waslin, a policy analyst with the pro-immigrant Immigration Policy Center in Washington.
"Every single parent who has a child would have to go through this bureaucratic process of proving their own citizenship and therefore proving their child's citizenship," she said.
Araceli Viveros, 27, and her husband, Saul, 34, are illegal immigrants from the Mexican state of Guerrero. He has been in Phoenix for 20 years, she for 10, and their 2- and 9-year-old children are U.S. citizens.
"I am so proud my children were born here. They can learn English and keep studying," Viveros said in Spanish.
She said her husband has been working hard in Phoenix as a landscaper, and their children deserve to be citizens. The lawmaker's proposal "is very bad," she said. "It's changing the Constitution, and some children won't have the same rights as other children."
© 2010 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Legal scholars laugh out loud at Republican state Sen. Russell Pearce's proposal and warn that it would be blatantly unconstitutional, since the 14th Amendment guarantees citizenship to anyone born in the U.S.
But Pearce brushes aside such concerns. And given the charged political atmosphere in Arizona, and public anger over what many regard as a failure by the federal government to secure the border, some politicians think the idea has a chance of passage.
"I think the time is right," said state Rep. John Kavanagh, a Republican from suburban Phoenix who is chairman of the powerful House Appropriations Committee. "Federal inaction is unacceptable, so the states have to start the process."
Earlier this year, the Legislature set off a storm of protests around the country when it passed a law that directs police to check the immigration status of anyone they suspect is in the country illegally. The law also makes it a state crime to be an illegal immigrant. The measure, which takes effect July 29 unless blocked in court, has inflamed the national debate over immigration and led to boycotts against the state.
An estimated 10.8 million illegal immigrants were living in the U.S. as of January 2009, according to the Homeland Security Department. The Pew Hispanic Center estimates that as of 2008, there were 3.8 million illegal immigrants in this country whose children are U.S. citizens.
Pearce, who has yet to draft the legislation, proposes that the state of Arizona no longer issue birth certificates unless at least one parent can prove legal status. He contends that the practice of granting citizenship to anyone born in the U.S. encourages illegal immigrants to come to this country to give birth and secure full rights for their children.
"We create the greatest inducement for breaking our laws," he said.
The 14th Amendment, adopted in 1868 in the aftermath of the Civil War, reads: "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." But Pearce argues that the amendment was meant to protect black people.
"It's been hijacked and abused," he said. "There is no provision in the 14th Amendment for the declaration of citizenship to children born here to illegal aliens."
John McGinnis, a conservative law professor at Northwestern University, said Pearce's interpretation is "just completely wrong." The "plain meaning" of the amendment is clear, he said.
Senate candidate Rand Paul, a Kentucky Republican and darling of the tea party movement, made headlines last month after he told a Russian TV station that he favors denying citizenship to the children of illegal immigrants.
A similar bill was introduced at the federal level in 2009 by former Rep. Nathan Deal, a Georgia Republican, but it has gone nowhere.
The Federation for American Immigration Reform, based in Washington, said Pearce's idea would stop immigrants from traveling to the U.S. to give birth.
"Essentially we are talking about people who have absolutely no connection whatever with this country," spokesman Ira Mehlman said. "The whole idea of citizenship means that you have some connection other than mere happenstance that you were born on U.S. soil."
Citizenship as a birthright is rare elsewhere in the world. Many countries require at least one parent to be a citizen or legal resident.
Adopting such a practice in the U.S. would be not only unconstitutional but also impractical and expensive, said Michele Waslin, a policy analyst with the pro-immigrant Immigration Policy Center in Washington.
"Every single parent who has a child would have to go through this bureaucratic process of proving their own citizenship and therefore proving their child's citizenship," she said.
Araceli Viveros, 27, and her husband, Saul, 34, are illegal immigrants from the Mexican state of Guerrero. He has been in Phoenix for 20 years, she for 10, and their 2- and 9-year-old children are U.S. citizens.
"I am so proud my children were born here. They can learn English and keep studying," Viveros said in Spanish.
She said her husband has been working hard in Phoenix as a landscaper, and their children deserve to be citizens. The lawmaker's proposal "is very bad," she said. "It's changing the Constitution, and some children won't have the same rights as other children."
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Arizona's next target 'Anchor babies', what is next?
Debate at http://immigration.civiltalks.com
Perhaps state border controls with National Guard troop checkpoints is only answer since national agencies cannot get a handle on US mandate to stop and prevent illegal immigration at US border.
So until US elected federal government can stem hemorrhage of illegal persons freely flowing across US borders or round up to identify, detain, deport, and put an end to anonymous waves of illegitimate arrivals each state may have to control who roams around our country.
What can be done to eliminate the all enticing carrot and enhance the emergent stick to stop illegal immigration wretchedness.
US national, state, and local policy and attitude is condoning illegal human trafficking ebbing and flowing through our own international back door porous borders and across interstate domestic borders.
Arizona is ready to make the tough call and do something proactive or preventive. Leadership in action.
Illegal immigration is a criminal activity. Nature of this type of illegal activity is it lends itself to smooth the progress of or conceal other illicit activity. It must be tackled.
Crime prevention is better and less expensive than cure.
How about clear cut international treaties mandating reciprocal citizenship of mother transfers to illegal newborns of illegal alien mothers country of origin. Like reciprocal expatriation.
Holding back of US tax dollar international aid money in amount to cover all costs of welfare or other tax burden funded programs to raise a kid until 18 for each new US citizen forced upon us by virtue of birth to an illegal alien still within our borders.
Need better policy and action value for our US tax cash.
Stop all legal immigration until US can get a handle on all illegal immigration. US tax payers cannot afford to fund both.
This is a self inflicted US national policy ill that needs leadership treatment at national and state levels.
How about swift increase in death penalty rates carried out in each state to reduce tax burden of new US citizens born to illegal aliens. Population and tax burden offset.
Perhaps do away with all laws and just let street justice or Wild West justice prevail.
A cultural and economic decline with disruption following a decline of a once ordered and law abiding country might focus appreciation back on why we have laws.
Failing to acknowledge problem of, maintain status quo, or failing to act to aggressively, fast enough to halt illegal immigration will topple very premise of why we even have a US Constitution or laws in the first place.
All US laws and the US Constitution must be clearly changed, amended, and enforced to stop any hint of reward from illegal immigration.
Federal, state, and local budget tightening must mean lawful US citizen tax money used more on lawful Americans and legal immigrants who entered documented via US front door and less on all foreign citizens who evaded our border controls to invade or occupy US territory via undocumented illegal back door skullduggery.
America first, for Americans.
No person born to any illegal alien or foreign citizen criminal within US borders should be granted any hint of freebie US citizenship or any other lawful citizen right or entitlement.
Undocumented, non visa holding, unofficial status newborns must be treated as criminal or illegal as mom who entered or stayed illegally, violated visa conditions or any other measure of integrity thus all must be detained by law enforcement and robustly deported pronto from our sovereign country.
Stop the growing generational succession of illegal US entry, unselective US citizenship short cut expectations, and rife freeloading trickery to reap generous US tax funded benefits by dodging US authority and US laws to occupy unhindered space within US borders and then start milking our US system and US good nature.
Fruit of the Poisonous Tree concept is derived from Gospel of Matthew.
Even so every good tree bringeth forth good fruit but a corrupt tree bringeth forth evil fruit. A good tree cannot bring forth evil fruit, neither a corrupt tree bring forth good fruit. Every tree that bringeth not forth good fruit is hewn down, and cast into the fire. Wherefore by their fruits ye shall know them. Matthew 7 17 20.
Anyone issued US visas with legal alien status who presented themselves for US government scrutiny are always welcome and deserve our support.
Integrity and good behavior should get all the reward for honesty and waiting patiently in line to do the right thing and document a legal entry.
Illegal anything should not be rewarded by default or legal loopholes.
Enhance tax paying US citizen freedoms by fixing broken, outdated, or abused laws.
Border controls and protection must mean something of value to those who pay for it.
But even if I hadn't; logical thinking is enough to understand that if each and every state in our 50 state union starts making its own decisions concerning citizenship and borders and illegal alliens - then we won't BE a country - we'll be 50 separate countries.
What part of "legal" do you not understand ?
Racist arizona is trying to take over federal role.
Squawk all you want , it won't happen.
"There is no provision in the 14th Amendment for the declaration of citizenship to children born here to illegal aliens."
I do not see anywhere where the "All" in the first quote equals the exception in the second quote. Unless the definition of "All" is changed I see no grounds for this new Arizona law.