"Birthright Citizenship" Will Be Target of House GOP Majority

by: Rob Hotakainen  |  McClatchy Newspapers | Report

"Birthright Citizenship" Will Be Target of House GOP Majority
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. 

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Comments

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This is beyond shameful of

This is beyond shameful of the Republicans.



Republican or Democrat I

Republican or Democrat I think this would help due to all of the people already out of work in the USA, why add more to the numbers in the future. If they want to become legal citizens that is different. Quit sponging off of me and my tax dollars (which I am one of the unemployed by the way, but have worked since 1975.) It was meant to grant citizenship to the children of freed slaves not to for those who just want to keep having babies to get more money!



16:26: Do you know any

16:26:

Do you know any immigrants, legal or illegal? I do and I don't know one that "has babies in order to get more money." Your statement about immigrants sponging off the taxpayers is not accurate. They do pay taxes--sales, property, and frequently federal--and they frequently get no benefits from the government--especially the illegals. And those kids that are born here and get citizenship--they end up being productive citizens and will end up paying your social security benefits. You don't have a clue about immigration. Why not read up on it?



I would totally support this

I would totally support this as long as it is made retroactive. Anyone who has an ancestor who was the child of an illegal alien should loose their citizenship along with all the descendants of that person. I figure this could solve all our problems by seriously reducing the population of the country and relieve the Social Security system of it's burdens, reduce tax inflow to the Federal government & reduce the size of the government. Everything the Republicans want.

In cases where there was no formal immigration process at the time, those people would be declared illegal because they did not go through formal channels.



Why blame babies because

Why blame babies because their parents are trying to find a better life for themselves? I'm pretty certain that our country has REAL problems which Congress could be addressing rather than a manufactured issue.



I just find it awesome that

I just find it awesome that the teabaggers who rode into office by swearing that they were strict constitutionalists are now leading the charge against that same constitution! It makes me wonder how long it's going to be before the hapless sheep who allowed FoxNews to take control of Congress wake up and realize they've been had. Somewhere, someone needs to set up a pool, where we can agree upon some benchmarks for said awakening and post our guesses as to when they will be reached. Should be fun!



Fine. And I, along with

Fine. And I, along with others, will agitate that NO American born in the USA who is NOT an American Indian is a legitimate citizen.



There a little thing called

There a little thing called the 14th Amendment, Section 1 in the way of legislating this. It is patently unconstitutional without repealing or altering the 14th Amendment with another constitutional amendment. Are these guys dummies or just grandstanders?



His ancestors were illegal

His ancestors were illegal immigrants at one time too. So if it is revoked, can we get it revoked back to 1492?



OMG! The Republicans are

OMG! The Republicans are sending me back to Norway. Since Norway ranks number 1 in ideal places to live, they will do me a favor. Finally they did something right, at least for me.



Finally, a Republican

Finally, a Republican proposal that Progressives can support.



Republicans’ Bulldozer

Republicans’ Bulldozer policy….demolish..demolish..this is the way their brain function….no money for NPR, eliminate the ethic commissioner , no unemployment benefit, no social security no equal payment for women and more no no..no. Great legislators full of dis-creativity,



Since the law would never be

Since the law would never be retroactive, preventing babies from citizenship won't do anything for unemployment at all. Though in 20 years it will mean we are have an even lower education rating as our own people are becoming more and more uneducated. 20% now believe the earth goes around the sun. New Americans have higher expectations. Actually believe in education instead of hating teachers and all that rot....



Tom Hickey: The new Tea

Tom Hickey: The new Tea Bagger winners are mostly dummies
Most of Republicans are grandstanders.

They also use a form of Rolodex to throw out bits of nonsense in it, until something eventually sticks.

This week it is this nonsense about "adult conversations" of which they seem totally incapable of any such thing. If you don't agree with them they either change the subject or throw around invectives.

Lately I have been accused of having no intelligence, of bragging about my intelligence, of using long words (over 3 syllables?), of being jealous of all employed people, and even of being French (from a Canadian, but shows how lame racism and bigotry is). They never say anything past this surface stuff. Maybe we shouldn't worry, by a couple generations, they won't even be able to communicate with each other using alphabets. Or be able to read.



IT IS A MYTH!!! ELEPHANTS

IT IS A MYTH!!! ELEPHANTS HAVE NOT A GOOD MEMORY!!!

One more attempt by the now encouraged on their success to dupe the American People by the few Extremist, Regressive, Xenophobic, Mono-culturist, Individualist and Classist Ethnocrats using their well known propaganda techniques in order to retain their power and privilege.

It is funny how easy and quick they refer to other countries policies, but run away of the comparison when health care is concerned.



"While opponents say King's

"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."

Does it really matter? "Corporate free speech" and "corporate personhood" as concepts were both dragged straight out of thin air. The bush 1 and 2 band of 5 have special custom rolls of toilet paper in their restrooms, both at home and in the courthouse, printed with the constituion.



DNA + 50 years ago, 1 US

DNA + 50 years ago, 1 US Citizen, 1 Night in Bangkok = Autonomous US Citizenship and all descendants of it?



This is just political

This is just political grandstanding by the Republicans. It would take a constitutional ammendment to change the law. Even if they manage to pass a law in the House, it wouldn't pass the Senate and even if it passed the Senate, the President would veto it.



The campaign to reinterpret

The campaign to reinterpret the 14th Amendment, specifically the call to restrict the rights and obligations of US citizenship and/or nationality opens up the international legal issue of questioning the mechanisms that the European America......n constituencies imposed upon the original and indigenous nationalities of the territories of North America by utilizing the racial profiling technique of “White Person” to restrict and control participation in the formation of territorial governments, state governments and indeed within the national superstructures of both the US and the Republic of Mexico.

http://www.nahuacalli.org/Pohualtlahtoyan.html



I live in the foothills of

I live in the foothills of the Sierra Mountains in Northern California (referred to as God's Country). I am represented in Congress (represented is not accurate) by a Carpetbagging individual who two years after election STILL DOES NOT LIVE IN THE CONGRESSIONAL DISTRICT!

Of course, that would be Tom McClintock!!!

Thanks in large part to a district drawn to keep the Republicans in office and millions in out of district (and out of State) money, this horrible injustice will continue until those who are hurt by far right wing policies and goals rise up and work together to rightfully elect somebody who actually lives here.

God save us (I think that is the way to close this post).

No, YOU, working with feet on the ground, can save us.

Thanks in advance.