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GA Congressman) Deal seeks to end birthright citizenship for illegals
Chattanooga Times Free Press ^ | Tuesday, August 28, 2007 | Herman Wang

Posted on 08/27/2007 6:15:23 PM PDT by Tennessee Nana

WASHINGTON -- For decades, immigration officials have granted U.S. citizenship to all children born on American soil.

But Rep. Nathan Deal, R-Ga., wants to see that practice end for children of illegal immigrants.

"Birthright citizenship is one of those things that has become a magnet for illegal immigrants to come over here," said Rep. Deal, who has filed a bill that would restrict birthright citizenship to children that have at least one parent with legal resident status or U.S. citizenship.

At the crux of the issue is a clause in the 14th Amendment, passed in 1868 after the Civil War with freed slaves in mind, that granted citizenship to "all persons born or naturalized in the United States, and subject to the jurisdiction thereof."

That last clause -- "subject to the jurisdiction thereof" -- has many conservatives and border-control activists arguing that the amendment was never intended to apply to illegal immigrants.

But several immigrant-rights advocates say Rep. Deal's bill is "un-American" and unfairly targeting Hispanics.

"He's proposing to change the Constitution to accommodate his anti-immigrant and xenophobic beliefs," said Jerry Gonzalez, executive director of the Georgia Association of Latino Elected Officials. "He needs to work on ways to ensure we have a robust immigration policy to meet the economic needs of Georgia."

Stephen Fotopulos, policy director for the Tennessee Immigrant and Refugee Rights Coalition, added that the bill "violates the most basic premise of what it is to be an American."

"None of us chose to be born here, who our parents are and how they got here," he said.

Rep. Deal, whose Northwest Georgia district is heavily Hispanic, said the United States is an anomaly in a world where 122 countries do not grant birthright citizenship, including all of Europe, while 33 do, with the United States being the largest.

He has introduced similar bills three previous years, and though he acknowledges that his bill likely will not be brought up for consideration, especially with Democrats controlling the House, he said his cause is gaining momentum, with 89 co-sponsors to the bill, all Republican, the most ever.

"I think the climate is changing," Rep. Deal said. "Illegal immigration has become more of a national concern than it has been in the past."

Rep. Zach Wamp, R-Tenn., one of the co-sponsors, said the legislation would be a sorely needed deterrent to illegal immigration, particularly with comprehensive immigration reform stonewalled in Congress.

Children of illegal immigrants, so-called "anchor babies," can sponsor their parents for legal permanent residency once they reach adulthood.

"Clearly we need to send word all throughout Central and South America that if you have a baby in this country and you're not a U.S. citizen, (it) doesn't mean they're going to be a citizen," Rep. Wamp said. "This is not designed to be mean, it's just designed to basically curtail illegal immigration."

Legal experts disagree on the constitutional merits of Rep. Deal's bill.

Peter J. Spiro, a constitutional and immigration law professor at Temple University who testified in 2005 before Congress on birthright citizenship, said similar legislation has been introduced since the mid-1990s and gone nowhere.

"The government has always assumed that these children have citizenship at birth," he said. "In theory, the executive branch could start denying citizenship to the children of undocumented aliens, but there's never been any suggestion within the executive branch of that happening."

Even if the bill were to pass, he said, the judicial system would likely strike it down, ruling that a constitutional amendment, which needs to be ratified by three-fourths of the states, would be required to change the 14th amendment's birthright citizenship provision.

"It's pretty clear that nonwithstanding a Supreme Court precedent on the amendment, it is a constitutional rule," Mr. Spiro said.

But John Eastman, dean of the Chapman University School of Law, who also testified before Congress in 2005 on the issue, said he believes the provision can be changed statutorily by Congress without a constitutional amendment.

He said the 14th Amendment has been misunderstood by immigration officials and the courts since the 1950s, when birthright citizenship began being granted on a wide scale to illegal immigrants.

"For the people that wrote that clause, there was a very well-defined distinction of sovereign jurisdiction," Mr. Eastman said. "Since the constitution doesn't give birthright citizenship, then of course (a change) can be done statutorily."

Mr. Eastman added that any immigration reform package that includes a guest worker program will have to address birthright citizenship.

"It's a big issue whether a child must stay here as a U.S. citizen or go home," he said. "Addressing and confronting this birthright citizenship provision up front will be a precondition for a guest worker program going through."

Staff writers Perla Trevizo and Michael Davis contributed to this story.


TOPICS: Government
KEYWORDS: aliens; amnesty; anchorbabies; elvira; georgia; illegalaliens; illegalimmigration; immigrantlist; immigration
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US Congressman Nathan Deal of GA said, "Birthright citizenship is one of those things that has become a magnet for illegal immigrants to come over here"

Thank you Congressman Deal...

1 posted on 08/27/2007 6:15:25 PM PDT by Tennessee Nana
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To: Tennessee Nana

bump


2 posted on 08/27/2007 6:16:44 PM PDT by VOA
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To: Tennessee Nana

“But Rep. Nathan Deal, R-Ga., wants to see that practice end for children of illegal immigrants. “

Good move. Hope this catches on.

We are being exploited and taken advantage of. New rules are needed. Clearly, people that EXPLOIT this and TAKE ADVANTAGE of this are NOT the kind of immigrants we want here.


3 posted on 08/27/2007 6:17:09 PM PDT by nmh (Intelligent people recognize Intelligent Design (God) .)
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To: 1COUNTER-MORTER-68; 2 Kool 2 Be 4-Gotten; 3AngelaD; A.Hun; alice_in_bubbaland; aligncare; ...

PING

This article explains the misuse of 14th Amendment by “birthright” anchor babies of illegal aliens and their supporters in depth...


4 posted on 08/27/2007 6:18:46 PM PDT by Tennessee Nana
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To: Tennessee Nana

Interesting. We definitely need to start moving in this direction. No more Jackpot Babies.


5 posted on 08/27/2007 6:20:44 PM PDT by AmericanInTokyo (Visit this thread 1-hour from now. In that time, an average of 416.6 more ILLEGALS will be in the US)
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To: AmericanInTokyo

When “ several immigrant-rights advocates say Rep. Deal’s bill is “un-American” and unfairly targeting Hispanics” you KNOW that he’s doing right...

LOL


6 posted on 08/27/2007 6:22:18 PM PDT by Tennessee Nana
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To: Tennessee Nana
Not quite, Jose. The 14th wasn't meant to grant citizenship to the progeny of illegals, nor was it interpreted that way for some 25-30 years after its passage.

"He's proposing to change the Constitution to accommodate his anti-immigrant and xenophobic beliefs," said Jerry Gonzalez, executive director of the Georgia Association of Latino Elected Officials.

7 posted on 08/27/2007 6:24:26 PM PDT by Ready4Freddy ("Everyone knows there's a difference between Muslims and terrorists. No one knows what it is, tho...)
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To: Tennessee Nana
Congressman Deal was a long time conservative Southern Democrat before he switched parties a few years ago.

His district is ground zero for illegal immigration in Georgia -- it includes Gainesville and Hall County, where most of the chicken industry is located. Folks in his district are fed up with illegals who live 20 to an apartment, drive drunk without licenses or insurance, steal anything that isn't nailed down, and send all their earnings home to Mexico. Even the employers (who are benefitting from the cheap labor that won't complain for fear of being deported) have realized that the downside is too great.

8 posted on 08/27/2007 6:28:16 PM PDT by AnAmericanMother ((Ministrix of Ye Chase, TTGC Ladies' Auxiliary (recess appointment)))
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To: Tennessee Nana

Just think, if we could get this passed, no more Elviras and their ADD afflicted jackpot babies!


9 posted on 08/27/2007 6:30:38 PM PDT by AuntB (" It takes more than walking across the border to be an American." Duncan Hunter)
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To: Tennessee Nana
There was a time when most Western countries had an "automatic citizenship" law like we have now.But today,Europe has done away with it as has Australia and New Zealand.So now we're just about the only civilized nation on earth to retain this law.

Retaining this law much longer will constitute national suicide.

10 posted on 08/27/2007 6:31:05 PM PDT by Gay State Conservative (If martyrdom is so cool,why does Osama Obama go to such great lengths to avoid it?)
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To: Tennessee Nana
Seems to me that a year or two ago there was a legal case about a jihadi, who was born here while his parents were in the US briefly on state business(?). He later was captured in Afgan and argued he was a US citizen due to birth and therefore was due legal process.

I don't remember the disposition, but thought it got negotiated away due to the precident it might set in regard to the clause "jurisdiction thereof".

I'm inclined to believe we don't need a constitutional amendment, but a more correct interpretation. I think the 14th has been misconstued, but was only meant to make 4/5th citizens whole. Of course, I'm not a legal expert, but I did stay in a Holiday Inn last night.

11 posted on 08/27/2007 6:32:29 PM PDT by umgud
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To: AnAmericanMother

Love your Nathan Deal

My 3rd District Zach Wamp is part of this too

:)


12 posted on 08/27/2007 6:32:42 PM PDT by Tennessee Nana
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To: AuntB

Ooooooooooooooooooo

What a shame...LOL

:)


13 posted on 08/27/2007 6:33:22 PM PDT by Tennessee Nana
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To: Tennessee Nana

Notice how the illegal lovers claim that anything which targets illegals is targeting “Hispanics”, yet will tell you at the same time that Mexicans are not the core of the illegal problem?

They always want it both ways.

BTW, the bill is PRO-American and ANTI-illegal. So if most of the illegals happen to be Mexicans, then I suppose one could say that it is anti-[illegal] Mexican.

But, as always, the game plan is to eliminate the difference between illegal aliens and legal immigrants.

If Republicans ever hope to win this war, they better learn how to set the agenda for defining the terms used. The left is much better at it, up to now at any rate. The media gives them a lot of help by continually parroting their Orwellian Newspeak.


14 posted on 08/27/2007 6:33:35 PM PDT by ChildOfThe60s (If you can remember the 60s........you weren't really there)
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To: Tennessee Nana

I just read the other day that the United States granted citizenship to all American Indians in 1901. If the 14th Amendment was meant to be interpreted the way La Raza does, why would this have been necessary?


15 posted on 08/27/2007 6:35:11 PM PDT by Rastus
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To: Tennessee Nana

It took a liberal pea brain judge to ever interpret it that way to start with.


16 posted on 08/27/2007 6:37:05 PM PDT by ontap (Just another backstabbing conservative)
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To: Rastus
I just read the other day that the United States granted citizenship to all American Indians in 1901. If the 14th Amendment was meant to be interpreted the way La Raza does, why would this have been necessary?

Exactly!

17 posted on 08/27/2007 6:40:48 PM PDT by AuntB (" It takes more than walking across the border to be an American." Duncan Hunter)
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To: Rastus

Granting citizenship to American Indians...there’s the precedent for following the original interpretation of our Constitution. Unless someone can prove those American Indians were not born here. Maybe the Supreme Court will have to visit this issue — and this issue would be a great uniter of both parties in the 2008 election.


18 posted on 08/27/2007 6:45:26 PM PDT by Snapping Turtle (Slow down and get a grip!)
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To: AuntB

Sometime about 1984 (maybe even 1974), Paul Harvey was talking about women crossing the border to have their babies in America. What seems like a very small problem then has certainly grown.


19 posted on 08/27/2007 6:47:10 PM PDT by Maine Mariner
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To: Tennessee Nana
"It's pretty clear that nonwithstanding a Supreme Court precedent on the amendment, it is a constitutional rule," Mr. Spiro said.

I don't recall reading anything about a constitutional rule in the constitution, it either say it are it doesn't.

20 posted on 08/27/2007 6:49:38 PM PDT by org.whodat (What's the difference between a Democrat and a republican????)
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