"Birthright Citizenship" Will Be Target of House GOP Majority

Thursday 18 November 2010

by: Rob Hotakainen | McClatchy Newspapers | Report

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Rep. Steve King (R-Iowa), the incoming chairman of the subcommittee that oversees immigration. (Photo: republicanconference / Flickr)

Washington - As one of its first acts, the new Congress will consider denying citizenship to the children of illegal immigrants who are born in the United States.

Those children, who are now automatically granted citizenship at birth, will be one of the first targets of the Republican-led House when it convenes in January.

GOP Rep. Steve King of Iowa, the incoming chairman of the subcommittee that oversees immigration, is expected to push a bill that would deny "birthright citizenship" to such children.

The measure, assailed by critics as unconstitutional, is an indication of how the new majority intends to flex its muscles on the volatile issue of illegal immigration.

The idea has a growing list of supporters, including Republican Reps. Tom McClintock of Elk Grove and Dan Lungren of Gold River, but it has aroused intense opposition, as well.

"I don't like it," said Chad Silva, statewide policy analyst for the Latino Coalition for a Healthy California. "It's been something that's been a part of America for a very long time. … For us, it sort of flies in the face of what America is about."

Republicans, Silva said, are "going in there and starting to monkey with the Constitution."

The 14th Amendment to the Constitution, ratified in 1868, guarantees citizenship to anyone born or naturalized in the United States. It was intended to make sure that children of freed slaves were granted U.S. citizenship.

While opponents say King's bill would clearly be unconstitutional, backers say the 14th Amendment would not apply. The amendment states that anyone born in the United States and "subject to the jurisdiction thereof" is a citizen.

King said the amendment would not apply to the children of illegal immigrants because their parents should not be in the country anyway. He said immigration law should not create incentives for people to enter the country illegally and that it's creating an "anchor baby industry."

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"Many of these illegal aliens are giving birth to children in the United States so that they can have uninhibited access to taxpayer-funded benefits and to citizenship for as many family members as possible," King said.

An estimated 340,000 of the 4.3 million babies born in the United States in 2008 were the children of undocumented immigrants, according to an analysis of Census Bureau data by the Pew Hispanic Center done last year.

The issue is dividing Republicans, too.

"We find both this rhetoric and this unconstitutional conduct reprehensible, insulting and a poor reflection upon Republicans," DeeDee Blasé, the founder of Somos Republicans, a Latino GOP organization based in the Southwestern states, said in a letter to House Republican leaders.

Silva said the Republican plan is "not the fix," adding that the citizenship of children born to immigrants was never an issue during the immigration tide at the turn of the 20th century and that it shouldn't be now.

"That's our strength," he said. "And to start splitting hairs like that will only make the immigration issue worse."

Democratic Rep. Doris Matsui of Sacramento called King's plan "both unconstitutional and shortsighted."

"The 14th Amendment to the Constitution grants American citizenship to anyone born on American soil," she said. "I firmly believe we must reform the current immigration system, but we need to do so comprehensively with policies that respect our nation's history, strengthen our borders, and help our economy."

McClintock outlined his position last summer in a rebuttal to a newspaper editorial: "If illegal immigration is to be rewarded with birthright citizenship, public benefits and amnesty, it becomes impossible to maintain our immigration laws and the process of assimilation that they assure," he wrote.

McClintock noted that the United Kingdom, Australia, Ireland, New Zealand, France and India have all changed their laws in recent years to require that at least one parent be a legal resident for the child to become a legal citizen.

Lungren, who served as California's attorney general from 1990 to 1998 introduced a similar bill in 2007, but it did not pass the House, which was controlled by Democrats at the time.

His bill called for defining what "subject to the jurisdiction thereof" means. Lungren proposed that the clause would apply to any person born to a parent who is a citizen, a legal alien or an alien serving in the military.

http://www.mcclatchydc.com/2010/11/18/103946/birthright-citizenship-will-be.html

They need to spend their time on something more constructive and less demeaning to Americans.

Rock on, about time somebody did something to take away the incentive to criminally enter the U.S., no more back door citizenship. It really bothers me that people think this is ok, ,just because they are human beings doesn't mean they can trample our laws. I dedicate this to the liberal agenda...http://www.youtube.com/watch?v=oiiIJz63q70&feature=related

Oh I'm sorry, demeaning is what congress does. You should read the last stimulus bill if you want to see the definition of demeaning.

Yet on the other hand, this is the best country to drop a fetus to become a citizen via that fetus, and get welfare, health care, and free schooling. WHY would anyone support a new law against this?!?!

i always come in here.
read.
smile.
and take a deep breath.
please just someone quit hiding information from me,
and show me the staggering number of individuals who come to the united states,
have a baby here,
for the sole purpose of staying here.
is their sole intention of reproducing really just to live in the us.
i really would like to be enlightened here.

They shame Americans with their hatred for babies because of the babies race/creed.

Whether its one or 100,000 doesn't matter, it should never happen.

are babies dangerous.
are they the future terrorists.
i don't understand.

If you want to be a citizen of a country you must go through a process, any other way is illegal. Or you can be born in a country to parents who ARE citizens of that country. that is the problem, if people have a choice of waiting their turn like millions of others or get to the border and say I'm having a baby go to a hospital give birth and because your kid is a "citizen" you as a parent become one is wrong. Wait in line, go through the process so we can identify who you are.

why do you think people find it necessary to come over using illegal means.
it's definitely because they like the thrill of breaking the law, right.
and because they'd rather skip the short, simple, organized process the government has kindly offered.

Virtually every country in the world has a system for immigration that does NOT make someone a citizen just by being born there. The diplomats who live in the US from other countries do not have citizens from the US as children if they happen to be born here.

In the process of making slaves citizens, the rule was written to apply to slaves who had been brought here against their will and had children. The children were automatically citizens by virtue of being born in the US AS A SLAVE.

There was no intent for the concept to apply to illegals. The law has been applied as it was written, not as it was intended.

Anchor babies is a huge problem. Anyone who is not familiar with it just hasn't taken the time to research it.

Yeah I get your sarcasm. If people don't like our immigration laws feel free to try this in Australia, Japan, China, Mexico, Costa Rica, Iran...go ahead and take your pick. Tell your friends to do this then get back to me, you'll find out that all countries have immigration policies and some countries such as the ones I mentioned are far more strict then the U.S. but I guess we are supposed to just sit back and allow every Habib, Manny and Xiao Ling over with no questions asked.

australia, japan, china, mexico, costa rica, iran;
they never call themselves the land of opportunity.
and you're right.
i haven't done research on "anchor babies."
just as i haven't done on unicorns or atlantis.
but since you apparently have,
do you mind educating this ignorant.

Actually.....many illegals come over here and have children......if you are here on a school visa without coming claiming the intent for permanent residency your child is not automatically a US citizen and do not have right to Social Services until they can form an intent to reside....you are automatically considered a noncitizen until you are of the age to form intent...age to form intent in the State I worked was 9....but if you are an illegal you get automatic citizenship without being able to form intent...how is that fair........illegal children at very least should have the same rules.....I am glad they are looking at this and it would save millions for th US in medicaid fsp and tanf

We are not other countries.

And it is only a problem for those who hate others.

No but we are a country of laws.
Yeah I hate criminals so what!

I dont hate others, I just detest unequal application of rules and laws

as do many MILLIONS of immigrants who go through the LEGAL process to be here,,, its a slap in their face and certainly makes that legal process a joke and a waste of time


'Silva said the Republican plan is "not the fix," adding that the citizenship of children born to immigrants was never an issue during the immigration tide at the turn of the 20th century and that it shouldn't be now'


it was not an issue for LEGAL immigrants,, breaking the law in any other fashion has never given your offspring BENEFITS...

I'm sure there are plenty of people living in Africa and South East Asia that would prefer to live here and unfortunately for them they don't have the same access to our border as others.

We give special treatment to those that have access to our borders and tell the rest of the world to go f themselves..

The issue with immigration has nothing to do with babies. Only really hatefilled people can have issues with babies getting what they need to grow.

why do borders matter so much.
aren't we all humans.