Citizenship Reform Act of 2005 (Introduced in House) HR 698 IH

Library of Congress ^ | February 9, 2005 | Congressman Deal (R) GA

[mikemikemikecubed]

To amend the Immigration and Nationality Act to deny citizenship at birth to children born in the United States of parents who are not citizens or permanent resident aliens.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Citizenship Reform Act of 2005'.

SEC. 2. PURPOSE.

It is the purpose of this Act to deny automatic citizenship at birth to children born in the United States to parents who are not citizens or permanent resident aliens.

SEC. 3. CITIZENSHIP AT BIRTH FOR CHILDREN OF NON-CITIZEN, NON-PERMANENT RESIDENT ALIENS.

(a) In General- Section 101 of the Immigration and Nationality Act (8 U.S.C. 1101) is amended by inserting after subsection (c) the following new subsection:

`(d) For purposes of section 301(a), a person born in the United States shall be considered as `subject to the jurisdiction of the United States' if--

`(1) the child was born in wedlock in the United States to a parent either of whom is (A) a citizen or national of the United States, or (B) an alien who is lawfully admitted for permanent residence and maintains his or her residence (as defined in subsection (a)(33)) in the United States; or

`(2) the child was born out of wedlock in the United States to a mother who is (A) a citizen or national of the United States, or (B) an alien who is lawfully admitted for permanent residence and maintains her residence in the United States.

For purposes of this subsection, a child is considered to be `born in wedlock' only if both parents are married to each other and parents are not considered to be married if such marriage is only a common law marriage.'.

(b) Conforming Amendment- Section 301 of such Act (8 U.S.C. 1401) is amended by inserting `(as defined in section 101(d))' after `subject to the jurisdiction thereof'.

(c) Effective Date- The amendments made by this section shall apply to aliens born on or after the date of the enactment of this

[mikemikemikecubed]

Good start

[kingattax]

this needs to be supported

[frankenMonkey]

now make it retro-active, please.

[jackbenimble]

Anybody want to place a bet on the likelihood of our Congress actually passing this?

[brooklyn dave]

Mike
How long do you think it will take before the Supremes or some wacky judge slaps this one down. This should have been done 50 years ago.

[So Cal Rocket]

Anybody want to place a bet on the likelihood of our Congress actually passing this?

Chances of it passing are Slim and None, and Slim just left town.

[Txsleuth]

I love it---therefore it won't pass---

I just read an article yesterday that said that the ID law that passed the House requiring US citizenship proof for drivers licenses is sitting gathering dust somewhere and prolly will not be seen again...at least for a long time..

Face it folks, the House and the Senate do not have the "fortitude", "nerve", "integrity", whatever, to actually do anything about illegal immigration or anything related to it....(at least that is my impression)

[Jersey Republican Biker Chick]

We all need to contact out Representatives and Senators.

(Unfortunately my Senators are libs, so I'm screwed there. But, my Congressman is a very conservative Republican.)

[oldbrowser]

now make it retro-active, please.

Back to the Pilgrims ?

[mikemikemikecubed]

I'm with you. I will write my congresspeople urging them to support it!

[cvq3842]

Sounds good to me. I'm going to pull a "Ginsberg" here and ask what other country allows someone to just stop by and pop off a baby who then is automatically a citizen.

But my understanding is that the language of the 14th Amendment would be interpreted to prohibit this, since it has language stating that all persons born or naturalized here are citizens. That was drafted for a very different situation, of course, and I may not have all my facts. Thanks in advance to anyone who has more info.

[CyberAnt]

"to deny citizenship at birth to children born in the United States of parents who are not citizens or permanent resident aliens"

Absolutely!!

[mikeus_maximus]

It's common sense.

Bush would veto it.

[cotton1706]

I agree with this completely but guaranteed that this won't hold up to Constitutional scrutiny. You know the activist courts will all of a sudden be strict constructionists on this clause:

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.

[blaquebyrd]

They could have cut the verbiage and simply said that if you illegally infiltrate the US neither you nor your spawn shall be granted citizenship. No more wet foot/dry foot, Elians, undocumented workers, car boats, or guest workers. You're either legal (stand in line like other law-abiding immigrants) or illegal. No one should be awarded citizenship as a result of breaking our laws.

[antiRepublicrat]

Add one thing and I'll support it. A child born out of wedlock where the father is a citizen. The kid shouldn't be penalized because some American didn't check the girl he's boffing for a green card

[clearsight]

They will call it racist, bigoted, mexaphobia. There will be media coverage planned and money paid for riot actors/actresses (no experience required) to mob the streets of Austin, San Antonio, El Paso, Houston, and in California, Phoenix, Arizona and Albaq.,New Mexico........

[antiRepublicrat]

That was drafted for a very different situation, of course, and I may not have all my facts. Thanks in advance to anyone who has more info.

IIRC, that was just to ensure that all the slaves were automatically citizens and therefore subject to full protections and privileges. Think of it as a big grandfather clause.

[dmz]

What law did the child born of illegals break?

[blaquebyrd]

"What law did the child born of illegals break?"

His folks broke the law and since they will be sent back to their country of origin it is only right that their child accompany them. Call it family values. Then the family can apply for citizenship like the families who abide by our law, stand in line, and wait their turn. This child should not enjoy the privileges of citizenship before the child of immigrants who have not broken the law. That's the American way.