Critics Invoke Bobby Jindal in Birthright Citizenship Controversy

Bobby Jindal.

/ AP Photo/Bill Feig

Updated 5:33 p.m. Eastern Time

Senate Minority Leader Mitch McConnell and other Republicans have in recent weeks suggested that Congress should reconsider so-called "birthright citizenship" - that is, the policy of granting U.S. citizenship to anyone born in the country, even if their parents are illegal immigrants - provided under the 14th Amendment.

Critics of that position are now hitting back in part by invoking Louisiana Republican Gov. Bobby Jindal, who they say would not have been born a citizen under the proposed change -- a claim his office is disputing.

On a conference call today, opponents of changing the policy said that while Americans are "justifiably frustrated" with current immigration policy, eliminating birthright citizenship "would punish the innocent children of undocumented immigrants, which flies in the face of American values," according to Michele Waslin, Senior Policy Analyst at the Immigration Policy Center.

Elizabeth Wydra, Chief Counsel at the Constitutional Accountability Center, said that repeal of the citizenship clause of the 14th Amendment would mark the first time "we the people amended our Constitution to make it less egalitarian." She also said arguments that birthright citizenship could be changed without amending the Constitution (through a narrow reading of the 14th Amendment) are faulty.

The repeal debate, Bill Ong Hing of the University of San Francisco School of Law suggested, is largely a "distraction" because of the difficulty of changing the Constitution. Any measure would first have to pass the House and Senate with a two thirds majority and then be approved by three fourths of states.

"Good luck with that," he said. "That just isn't going to happen."

Margaret Stock, an Attorney and Retired Lieutenant Colonel in the U.S. Army Reserve, went on to invoke Jindal, who she said was born in the United States while his mother was in the country on a student visa.

In an email, Jindal spokesman Kyle Plotkin called the move to associate the governor with the birthright debate "absurd."

"By the way, the Governor's mother was here as a permanent resident not on a student visa, which makes the question not just ridiculous but irrelevant," he said.

The New York Times reported in 2007 that Jindal "was born on June 10, 1971, in Baton Rouge to Hindu parents who had come to the United States six months before so his mother could pursue a graduate degree in nuclear physics at Louisiana State University."

In June, the SEIU identified Jindal, Former GOP Senator Pete Domenici, and Former U.S. Attorney General Alberto Gonzales on its list of Republicans who would not be citizens under the proposed policy.

Stock also responded to a reporter's question concerning the claim by Republican Sen. Lindsey Graham that the birthright citizenship laws encourage illegal immigrants to come to the United States to have children. (These children are known to some as "anchor babies," though Hispanic groups object to the term.) She said the number of people who are motivated to come to America to create "anchor babies" is small and said they could be dealt with by outlawing the practice.

"You don't decide you're going to get rid of our freedoms because they're an incentive for some people to come to the United States," she said.

Sen. Jon Kyl (R-Ariz.), said Sunday on CBS' "Face the Nation" that he would like to see congressional hearings on the issue of birthright citizenship.

"The 14th Amendment [has been] interpreted to provide that if you are born in the United States, you are a citizen no matter what," Kyl said. "So the question is, if both parents are here illegally, should there be a reward for their illegal behavior?"

Graham (R-S.C.), once a backer of comprehensive immigration reform, last week said that "birthright citizenship is a mistake" and that he may introduce a constitutional amendment to change the rules.

[jessevargas773]

We know in the story of Job in the bible that GOD sent two angels and disguised as Humans to Sodom and Gomorrah to investigate if there were still righteous people living in those cities. What the people have done? Not only they do not welcome those illegal aliens, they tried and wanted to sodomized those two angels. So, GOD decided to destroy Sodom and Gomorrah. GOD ordered Job and his family to leave first though. I hope the politicians in congress should wake up and follow what is right thing to do, The holy scriptures is a guide that can aide in their decisions and not play politics for their own benefits.

[jessevargas773]

Majority of republicans in congress does not have religious beliefs, if they believe in GOD they would not call people born in this country from illegal immigrant parents as anchor babies. All the three major religions in the world, the christians, the Moslems and the Jews, their scriptures said we should welcome strangers for we do not know whether they are angels and disguised as humans.
Jesus Christ was an illegal immigrants too born from illegal immigrants parents because his parents. I hope the three major religious organization in this country should unite and not endorse those politicians who voted no on the Dream Act and those who wanted to changed the 14th amendment. They are disobeying what was written in the holy scriptures.

[honeybunch2k12]

NOTHING needs to be done to the 14th amendment. The court has already issued rulings which can be helpful to us. The 14th amendment was meant for former slaves not everybody under the sun. Elk v. Wilkins-not everyone born inside the US is a citizen. Wong Kim Ark-being born here of legal immigrants doesn't necessarily make you a citizen. Birthright citizenship is a dumb dumb idea and it could be argued this was not intended with the ratification of the 14th amendment. Birthright citizenship means people can invade your country (think illegal aliens) and they're kids would be entitled to be a citizen. Granting automatic citizenship is a POLICY. Even England back in the day figured that out.

Subject to the jurisdiction thereof and jurisdiction within are not and haven't been the same thing since the 1800s.

Also, this policy allows the world to use the US as a nanny state. They come here legally or illegally to have their kids then they get the welfare. Talk about distributing American money around.

[picodegallo]

Looks like a deliberate attempt by vested interests to confuse people. Jindal was born to legal immigrants not to undocumented illegal aliens. The issue is about whether to grant citizenship to children of people here illegally.

[bondsman_dotmac]

All it would take is to insert ?parents legally in the United States?. So in place of ?All persons born? it would say ?All persons born to parent legally in the United States?
That would not be a hard fix of the problem that was created with the way that the 14th Amendment is written. But I as most doubt that it will be done they will keep the problem and no doubt make things worse.

[chasf2602]

Let's see Jindal's birth certificate!!!

[truth-b-toll]

Oh this is TOO RICH!
Hey cons Wha-
Where did all the cons go?

[ladyang]

Yet another example of "others" getting what was rightly only supposed to be for Black folks. I bet Bobby J is now thinking the amendment was made just for him.

[bradkt1]

You know, if we did change the "Birthright Citizenship" Clasue of the 14th Amendment, we could deport Michele Malkin, too.

I'm tempted to support this.

[tsu_neil]

How does having a visa make her illegal? Are they nuts or what?