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Bill would deny U.S. citizenship to children of illegal immigrants
NCTimes ^

Posted on 03/02/2005 9:38:45 AM PST by Happy2BMe

Bill would deny U.S. citizenship to children of illegal immigrants

By: EDWARD SIFUENTES - Staff Writer

A bill recently introduced in Congress would deny U.S. citizenship to children born to illegal immigrants. Supporters said the bill, called the Citizenship Reform Act of 2005, would be a good way to control the number of people who have the right to claim citizenship ---- and the rights and benefits that come with it. Opponents said the measure was "extreme" and would be likely to face constitutional challenges.

An estimated 200,000 to 300,000 children are born to illegal immigrants in the United States each year, according to the Center for Immigration Studies, a policy and research group that advocates for stricter immigration controls.

The Federation for American Immigration Reform, a group that also supports stricter policies, estimated that California spends about $7.7 billion each year to educate about 1 million children of illegal immigrants.

"Citizenship means you have some stake in this country; it's not just an accident of geography," said Ira Mehlman, a spokesman of the federation, which supports the measure.

However, immigrant-rights groups say that citizenship is a fundamental right that cannot be taken away by Congress.

"Citizenship belongs to a person wherever they are born," said Katherine Cullion, an attorney with the Mexican American Legal Defense Fund, a Latino rights group. "The most basic, fundamental right is the right to citizenship in the country where you were born."

Advocates for and against the measure, which has surfaced in various forms before, said the bill is unlikely to go far in Congress. The bill is now in the House Judiciary Committee. No hearing on the bill has been scheduled.

"This is really a perennial bill; it comes up each spring," said Angela Kelley, deputy director of the National Immigration Forum, an immigrant-rights advocacy group based in Washington, D.C. "It gets a handful of co-sponsors and never sees the light of day."

If enacted, the bill would stipulate that children born in the United States would be considered American citizens only if born to parents who are citizens or legal residents living in the country. Under current law, any children born in the country can claim American citizenship.

The bill was introduced last month by Georgia Republican Rep. Nathan Deal and was co-sponsored by 16 other representatives, including Rep. Dana Rohrabacher, R-Huntington Beach; Rep. Gary Miller, R-Diamond Bar; and Tom Tancredo, R-Colorado.

Anti-illegal immigrant groups, such as the Federation for American Immigration Reform, say immigration, legal and illegal, is largely responsible for a population explosion that could lead to unprecedented social, economic and environmental problems.

"Massive population growth has and will continue to have a profound impact on the lives of all Americans," said Dan Stein, president of the federation. The group released a study this week that indicated more than half of the nation's population growth over the last 35 years is due to immigration.

However, Steven Camarota, the Center for Immigration Studies' director of research, said the citizenship bill itself will not solve the nation's illegal immigration problem. Without immigration enforcement elsewhere, such as at the border and at work sites, denying citizenship to the children of illegal immigrants would only make the number of illegal immigrants grow.

"By itself, it doesn't move the ball forward very much, if at all," Camarota said.



TOPICS: Business/Economy; Culture/Society; Foreign Affairs
KEYWORDS: 109th; aliens; anchor; anchorbaby; citizenship; congress; illegalmigrant; illegals; immigration; immigrationreform; mexico; migrant; scotus
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To: moehoward

BTTT


181 posted on 03/02/2005 2:09:13 PM PST by Unicorn (Two many wimps around The democrats would rather win the WH then win the war-Tom Delay)
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To: Happy2BMe
Reverse the situation.

- Enter MEXICO illegally. Never mind immigration quotas, visas, international law, or any of that nonsense.
- Once there, demand that the local government provide free medical care for you and your entire family.
- Demand bilingual nurses and doctors.
- Demand free bilingual local government forms, bulletins, etc.
- Procreate abundantly.
- Deflect any criticism of this allegedly irresponsible reproductive behavior with, "It is a cultural U.S.A. thing. You would not understand, pal."
- Keep your American identity strong. Fly Old Glory from your rooftop, or proudly display it in your front window or on your car bumper.
- Speak only English at home and in public and insist that your children do likewise.
- Demand classes on American culture in the Mexican school system.
- Demand a local Mexican driver license. This will afford other legal rights and will go far to legitimize your unauthorized, illegal, presence in Mexico. Drive around with no liability insurance......and ignore local traffic laws.
- Insist that local Mexican law enforcement teach English to all its officers.

Good luck! You'll be demanding for the rest of time or soon dead. Because it will never happen. It will not happen in Mexico or any other country in the world ... except right here in the United States... Land of the naive!


182 posted on 03/02/2005 2:14:57 PM PST by unixfox (AMERICA - 20 Million ILLEGALS Can't Be Wrong!)
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To: FreedomCalls
His parents were here legally.

Thanks. Then the courts decided rightly, and this case cannot be used to validate the contemporary interpretation of the 14th Amendment regarding children of illegals.

183 posted on 03/02/2005 2:35:30 PM PST by skeeter ("A nation without borders is not a nation" RW R)
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To: Happy2BMe
"denying citizenship to the children of illegal immigrants would only make the number of illegal immigrants grow."

Uhhh....that circular logic goes right over my head.

184 posted on 03/02/2005 2:47:13 PM PST by TexasCowboy (Texan by birth, citizen of Jesusland by the Grace of God)
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To: EagleMamaMT

I'm glad you are a FRE#EPER and a conservative and still recognize GWB is jeapordizing the republic sucking up to illegals to get the hispanic vote and retire a hispanic hero in Texas. and NO I am not a Bush opponent, I worked my ass off for him. He has still let us down very seriously and with short-sightedness.


185 posted on 03/02/2005 3:08:29 PM PST by chemainus
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To: chemainus

I simply believe in holding all politicians to the same standards no matter their political party. If it's wrong for the Democrats to have certain policies, it's also wrong for the Republicans to espouse them. Just because a politician has an "R" behind his name doesn't mean he gets a free pass for disastrous policies.


186 posted on 03/02/2005 3:21:51 PM PST by EagleMamaMT
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To: Modernman
The bill should be retroactive to at least 1980.

I doubt that would pass Constitutional muster, either. Ex poste facto laws are unconstitutional.

I was just dreaming... But didn't Clinton raise taxes retroactively?

187 posted on 03/02/2005 3:41:40 PM PST by Cowboy Bob (Withhold taxes and starve a Liberal!)
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To: EagleMamaMT

This so good I wish I had posted it! I am constantly amazed at the wisdom and clarity of many who post here. Thank you for rare insights that one can get nowhere else.

To: Happy2BMe
Reverse the situation.

- Enter MEXICO illegally. Never mind immigration quotas, visas, international law, or any of that nonsense.
- Once there, demand that the local government provide free medical care for you and your entire family.
- Demand bilingual nurses and doctors.
- Demand free bilingual local government forms, bulletins, etc.
- Procreate abundantly.
- Deflect any criticism of this allegedly irresponsible reproductive behavior with, "It is a cultural U.S.A. thing. You would not understand, pal."
- Keep your American identity strong. Fly Old Glory from your rooftop, or proudly display it in your front window or on your car bumper.
- Speak only English at home and in public and insist that your children do likewise.
- Demand classes on American culture in the Mexican school system.
- Demand a local Mexican driver license. This will afford other legal rights and will go far to legitimize your unauthorized, illegal, presence in Mexico. Drive around with no liability insurance......and ignore local traffic laws.
- Insist that local Mexican law enforcement teach English to all its officers.

Good luck! You'll be demanding for the rest of time or soon dead. Because it will never happen. It will not happen in Mexico or any other country in the world ... except right here in the United States... Land of the naive!


182 posted on 03/02/2005 2:14:57 PM PST by unixfox (AMERICA - 20 Million ILLEGALS Can't Be Wrong!)
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188 posted on 03/02/2005 4:14:33 PM PST by chemainus
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To: Happy2BMe

Since when can you trump the Constitution of the United States of America with a bill?


189 posted on 03/02/2005 4:16:44 PM PST by Melas
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To: advance_copy
Scotus would have to shoot it down. The Constitution is absolutely clear on this one, there is no other interpretation possible.

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.

Argue all you want, but you can't change that clear language "ALL PERSONS BORN" to mean anything other than all persons born.

190 posted on 03/02/2005 4:19:36 PM PST by Melas
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To: Happy2BMe
Americans who have children born in Mexico - are their children given Mexican citizenhship also?

Doesn't matter. Our citizenship requirements have nothing do with Mexico's or those of any other nation. The 14th Amendment is written in plain English and it's very clear. If you don't like it, amend the constitution, but don't pretend that any bill can alter the constitution.

191 posted on 03/02/2005 4:21:12 PM PST by Melas
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To: monkeywrench

Ummm, no. Everyone inside our boders is subject to our laws. The clause "subject to the laws thereof" is written to exclude the children of diplomats who have immunity and are not subject to our laws.


192 posted on 03/02/2005 4:23:08 PM PST by Melas
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To: Publius6961
subject to the jurisdiction thereof" mean to you?

The clause was written to exclude guests of state, typically diplomats who enjoy immunity and are not subject to our laws.

193 posted on 03/02/2005 4:24:05 PM PST by Melas
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To: Happy2BMe
Yep....this is long over-due.
194 posted on 03/02/2005 4:24:50 PM PST by pointsal
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To: FreedomCalls
There is some constitutional scholarship that says that children of illegals are just like the children of foreign diplomats and should not automatically be given citizenship.

There is no honest scholarship that says that children of illega are just like the children of diplomats. An illegal is subject to our laws. If he breaks a law, he'll be tried and punished like everyone else, he's subject to our laws. A diplomat however, enjoys broad immunity to our laws.

195 posted on 03/02/2005 4:25:37 PM PST by Melas
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To: COEXERJ145

Sorry, citizenship is defined in the Constitution. Congress can't do jack about it. It would take 3/4 of the states to rafity an amendment to alter it. Or possibly a constitutional convention, take your pick.


196 posted on 03/02/2005 4:27:10 PM PST by Melas
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To: chemainus; Happy2BMe

Yes, Happy2BMe really knocked one out of the park with that post. It was great!


197 posted on 03/02/2005 4:29:52 PM PST by EagleMamaMT ("Uncle Sugar: Handle it at the border or Uncle Winchester will handle it at the porch." Squantos)
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To: chemainus; Happy2BMe; unixfox

I'm sorry...I should have read a little closer there. That was unixfoxe's fantastic post. Just want to apologize for the mistake.


198 posted on 03/02/2005 4:32:10 PM PST by EagleMamaMT ("Uncle Sugar: Handle it at the border or Uncle Winchester will handle it at the porch." Squantos)
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To: Happy2BMe
Americans who have children born in Mexico - are their children given Mexican citizenhship also?

Yes. I have two brothers who were born in Mexico while we were living there for a few years. They have dual citizenship. Not only that, but their kids can also apply for dual citizenship even though my family left Mexico before any of us was old enough to attend elementary school.

The only reason I'm not also a Mexican citizen is because I was born during my father's summer vacation from the university he was attending at the time.

199 posted on 03/02/2005 4:34:12 PM PST by Dog Gone
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To: Melas
An illegal is subject to our laws. If he breaks a law, he'll be tried and punished like everyone else

Didn't the USSC rule in Medellin v. Dretke that Jose Medellin was not subject to the same U.S. laws as everyone else and he had extra rights vis-a-vis his illegal status in the country? The fact is Medellin was not treated the same as everyone else or he would be on death row except for the USSC decision.

200 posted on 03/02/2005 4:36:16 PM PST by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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