Skip to comments.GOP bill aims to retool immigrant birthright citizenship
Posted on 02/15/2010 9:38:26 AM PST by NormsRevenge
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.
(Excerpt) Read more at dailybulletin.com ...
This ran yesterday, not much in the news about this effort.
Good. I am tired of paying insnane taxes to pay for endless freebies for illegals and Haitian immigrants. This BS.
Yeah. They do. They're set financially for life. Cubans call it "The gift."
This is a bill that needs to be supported. The U.S. tax payers are being used as slaves (for the entire world). Enough already!
Is this bill for real, or is this some sort of attempt to energize the Latino vote against the GOP by the Rats? They know that their base is apathetic now.
American citizens are not required to have visas to come to or be in the United States.
Seems to me the law already assumed for more than a century that children born to foreigners in this country were not citizens.
What's been lacking is ENFORCEMENT by State Department.
“Every Person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.”
Senator Jacob Howard,
co-author of the citizenship clause of the 14th Amendment, 1866.
You lie! Plenty of people born here to non-citizen diplomats and ambassabors are not citizens.
They need to challenge the real meaning of the 14th Ammendment. It’s my understanding that it was enacted to give the children of slaves citizenship......not all immigrants.
Hunter proposed that legislation 20 years ago.
Bouvine feces! That's just the way the law has been applied. There are tow specific exceptions:
I'm also told that children born to parents here on valid visas do not get automatic birthright citizenship unless their parents are permanent residents. In fact, the parents are told to add such children to their passports to ensure there is no confusion in the matter.
So why should children born to illegal aliens get superior treatment to those born to legitimate guests of this country? This is a law which needs to be clarified to rectify the situation, not a new law which needs to be written from scratch.
About friggin time.
“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.”
Followed hopefully by denying non-citizens welfare bennies.
Let’s hear what McCain and JD have to say about this
The country was founded on a mis-reading of the 14th Amendment?
“...there is a very good legal basis to exclude Mexicans under category #2...”
If the law is passed, can it be applied retroactively? That would really be a step in the right direction.
“Hunter proposed that legislation 20 years ago.”
Indeed. One of the monumental failures in our government was not listening to Duncan Hunter.
Even if the Pubbies can't manage to get this passed and signed into law, I give them major props for even proposing it. It's a very good step in the right direction for this country.
A good idea but it is unconstitutional. The way to stop it is to secure the border and deport all illegals even if there are 20 million.
Not a chance until the Dem’s and Obama are voted out. MCain to. But, put it on the list though and make a commitment. May God send.
And that is the key phrase. Subject to the jurisdiction means....To whom do you owe your allegiance?
“Lets hear what McCain and JD have to say about this”
This may give you a hint what McCain thinks. J.D. is on record against birthright citizenship.
H.R. 3938 - would put an end to the birthright citizenship process that automatically grants citizenship to the U.S.-born children of illegal aliens. Rep. J.D. Hayworth (R-AZ) is the bill’s main sponsor.
Change rule barring immigrants from running for president?
Q: Should we change our Constitution to allow men like Mel Martinez, born in Cuba, and Arnold Schwarzenegger, born in Austria, to stand here some night as candidates for president?
McCAIN: He and I have many similar attributes, so I have to seriously consider it.
Source: 2007 GOP primary debate, at Reagan library, hosted by MSNBC May 3, 2007
MCCAin doesnt even object to an illegal alien being president!
According to John McCain EVERYONE in the world should be able to come here.
Give everyone in the world an opportunity to come to America
Those who live closest are the ones who can get here. Everyone in the world should have the opportunity through an orderly process to come to this country.
Source: AZ Senate Debate, in Tucson Citizen Oct 16, 2004
I found this.
Unfortunately, it probably is. Image how nice it would be if we could get a government who puts the American people first for a change. Now that illegals vote and and no one stops them, it makes it hard to do the right thing.
Hmmm, the constitution seems pretty clear to me:
“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.”
No illegals = no anchor babies. Therein lies the ENFORCEMENT problem.
And just because the kids are citizens doesn’t mean we have to allow the parents to become citizens or stay in this country. Strip the parents of any legal rights for endangering their children, put these kids up for adoption, and deport the parents back to their country of origin.
Do this a few times and, believe me, the word will get around and the practice will end.
Why anyone thinks that a Dim Congress with a Kenyan Communist "President" would pass it, I dunno.
But never hurts to bring the subject up! You might even think the Stupid Party was growing a pair...but of course, you'd be wrong.
a few years ago this thread would been called racist by bayourod, stinkie and the rest of the gang
Absolutely... That needs to be revised!... No wonder the poor illegals are so confused!...
But I hope the idiot Republicans know how to frame it right... or they will run them out of town for RACISM. I mean they are so dumb... when it comes to dealing with minorities...
The angle is: We WANT/NEED *** LEGAL *** Immigration and we need to get tough on ILLEGAL immigration. Just keep hammering that. LEGALS yes! Illegals No.
Words mean things in laws.
See Post 25, where the "and subject to the jurisdiction of" thingy rears it's little head again.
If you are a national of another country, and not a lawful immigrant alien, then you are just that: a national of another country. Your child inherits your nationality, regardless of where he is born. The fact that you walked in and decided to have a kid doesn't mean anything to the locals. You don't choose who is "them", they do.
Anything else is just tyranny!
Aww man...I'd forgotten that punk...sheez....good thing that a little cleansing happens, huh?!
The real expese, and nobody talks about it—is INCARCERATION. The hardworking guests from the south are filling up our jails and prisons.
You are wrong screaminsunshine! It's quite obvious you have never read the 14th amendment and are just relying on the leftist propaganda you were fed in government schools. Here's the actual text of the the first paragraph of the 14th amendment posted below. It says that in addition to being born or naturalized in the the US, they must be "subject to the jurisdiction thereof." A child born to an illegal alien is subject to the jurisdiction of a foreign county.
1. 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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
“a few years ago this thread would been called racist by bayourod, stinkie and the rest of the gang”
Yep. A few of the squatter support squad are still around throwing out their racist remarks. I hope they’re happy with the mess they’ve enabled.
(THE WELFARE EXAMPLE) Want Smaller Government? You Have To Reduce Immigration
Please sign the petition!
I agree, this “born on U.S. soil = automatic citizenship” is B.S.!
HAWORTH MONEY BOMB IS ON!! He has declared and he is seriously trying to help take back our country from the demogogues and destroyers. Check him out @ http://www.jdforsenate.com
The Constitution (via the 14th Amendment) does not automatically bestow citizenship on anyone born in the US. The operative clause is: ‘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.’
However, in the Wong Kim Ark case the court specifically clarified that the child must be born of parents “lawfully residing in the United States and who were not employed in a diplomatic or other official capacity by a foreign power.” Thus, under that ruling the spawn of illegals are NOT automatic citzens.
Thirty million illegals invading and occupying the US is a very large army.
The Supreme Court has said that “subject to the jurisdiction of” means “not the children of foreign diplomats or occupying armies.” The children of illegal aliens are neither of those, so they would be citizens under the 14th Amendment.
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.”
So, if an alien army is occupying say, the Southwest USA, and has a metric ton of kids, then THOSE KIDS would be citizens under law.
Got it! :)
“...or is this some sort of attempt to energize the Latino vote against the GOP by the Rats?”
The Rats already have the latino vote, with the exception of the Cuban franchise.
But, but, but...people all over the world HATE the US and all that we stand for....the media told me so...
To clarify the effect on the citizenship of an individual of the individual's birth in the United States. (Introduced in House)
HR 190 IH
H. R. 190
To clarify the effect on the citizenship of an individual of the individual's birth in the United States.
IN THE HOUSE OF REPRESENTATIVES
January 3, 2001
Mr. STUMP introduced the following bill; which was referred to the Committee on the Judiciary
To clarify the effect on the citizenship of an individual of the individual's birth in the United States.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. BASIS OF CITIZENSHIP CLARIFIED.
In the exercise of its powers under section 5 of the Fourteenth Article of Amendment to the Constitution of the United States, the Congress has determined and hereby declares that any person born after the date of enactment of this Act to a mother who is neither a citizen or national of the United States nor admitted to the United States as a lawful permanent resident, and which person is a citizen or national of another country of which either of his or her natural parents is a citizen or national, or is entitled upon application to become a citizen or national of such country, shall be considered as born subject to the jurisdiction of that foreign country and not subject to the jurisdiction of the United States within the meaning of section 1 of such Article and shall therefore not be a citizen of the United States or of any State solely by reason of birth in the United States.
This requires only a majority vote of the House and Senate to become law, and legitimately clarifies the Constitutional language in the 14th amendment. Since there has been no case before the Supreme Court that truly adjudicates this (U.S. v. Wong Kim Ark was about the child of legal aliens), this would settle the matter, and be far more democratic and efficient than waiting for a SCOTUS case which may or may not settle it.
It is to the eternal discredit of the Bush family that they have worked ruthlessly against this over the years. They are the reason it did not go anywhere in 2001, and probably still today.
“People in the US on visas are required to add a child born to them in this country to their visa immediately. Seems to me the law already assumed for more than a century that children born to foreigners in this country were not citizens.”
That’s how I read the law, as well.