Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

GOP bill aims to retool immigrant birthright citizenship
Daily Bulletin ^ | 2/14/10 | Steven Wall

Posted on 02/15/2010 9:38:26 AM PST by NormsRevenge

Republican lawmakers in Congress are sponsoring a bill that seeks to abolish birthright citizenship for children born in the United States to illegal immigrant parents.

Federal law automatically grants citizenship to any person born on American soil, regardless of the immigration status of the child's parents.

Supporters of the bill say that many people come to this country for the express purpose of having children who are American citizens, making the family eligible for welfare and other government benefits.

"You have many people coming to this country illegally," said Rep. Gary Miller, R-Brea, a co-sponsor of the legislation. "They come to this country and have babies. The children are citizens. The children are eligible to go to school. They receive food stamps and social programs. The American taxpayers are paying for it."

The bill does not seek to change the Constitution, which grants birthright citizenship under the 14th Amendment ratified in 1868.

Instead, it would amend the Immigration and Nationality Act to clarify the interpretation of the 14th Amendment.

The measure would limit birthright citizenship to children born to at least one parent who is either a citizen, lawful permanent resident or actively serving in the U.S. military. The legislation would only apply prospectively and would not affect the citizenship status of people born before the bill's enactment.

If the bill passes, people on both sides of the issue say it is likely to be challenged on constitutional grounds.

"This bill is unconstitutional," said Rep. Joe Baca, D-San Bernardino. "It would change one of the most basic principles that our nation was founded on: If you were born in the United States, you're an American."

Baca accused the bill's sponsors of playing election-year politics.

(Excerpt) Read more at dailybulletin.com ...


TOPICS: Constitution/Conservatism; Extended News; Foreign Affairs; Government; Politics/Elections
KEYWORDS: 14thamendment; amnesty; anchor; anchorbabies; birthright; border; citizenship; crimaliens; gop; immigrant; immigrantlist; jackpotbabies; juanmccain; mcamnesty; myfriends; retool; rino
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 101-109 next last
To: Paleo Conservative

I agree, this “born on U.S. soil = automatic citizenship” is B.S.!


41 posted on 02/15/2010 10:21:45 AM PST by stevio (Crunchy Con - God, guns, guts, and organically grown crunchy nuts.)
[ Post Reply | Private Reply | To 39 | View Replies]

To: NormsRevenge

HAWORTH MONEY BOMB IS ON!! He has declared and he is seriously trying to help take back our country from the demogogues and destroyers. Check him out @ http://www.jdforsenate.com


42 posted on 02/15/2010 10:23:36 AM PST by molybdenum ((Yes I posted this masterpeace))
[ Post Reply | Private Reply | To 1 | View Replies]

To: NormsRevenge

The Constitution (via the 14th Amendment) does not automatically bestow citizenship on anyone born in the US. The operative clause is: ‘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.’

However, in the Wong Kim Ark case the court specifically clarified that the child must be born of parents “lawfully residing in the United States and who were not employed in a diplomatic or other official capacity by a foreign power.” Thus, under that ruling the spawn of illegals are NOT automatic citzens.


43 posted on 02/15/2010 10:25:14 AM PST by ought-six ( Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Vigilanteman
Children born to hostile invading or occupying armies.

Thirty million illegals invading and occupying the US is a very large army.

44 posted on 02/15/2010 10:25:49 AM PST by bgill (The framers of the US Constitution established an entire federal government in 18 pages.)
[ Post Reply | Private Reply | To 13 | View Replies]

To: Paleo Conservative

The Supreme Court has said that “subject to the jurisdiction of” means “not the children of foreign diplomats or occupying armies.” The children of illegal aliens are neither of those, so they would be citizens under the 14th Amendment.


45 posted on 02/15/2010 10:26:05 AM PST by EnderWiggins
[ Post Reply | Private Reply | To 39 | View Replies]

To: NormsRevenge

It would change one of the most basic principles that our nation was founded on: If you were born in the United States, you’re an American.”

***********************************************

So, if an alien army is occupying say, the Southwest USA, and has a metric ton of kids, then THOSE KIDS would be citizens under law.

Got it! :)


46 posted on 02/15/2010 10:26:16 AM PST by ROTB (Repeal to 1789, for the children. The moslems, however, still support him b/c heÂ’s pro-terror.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: datura

“...or is this some sort of attempt to energize the Latino vote against the GOP by the Rats?”

The Rats already have the latino vote, with the exception of the Cuban franchise.


47 posted on 02/15/2010 10:27:48 AM PST by ought-six ( Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: concerned about politics
and people from all over the globe came here to work temporarily so their wives could give birth in the U.S.

But, but, but...people all over the world HATE the US and all that we stand for....the media told me so...

48 posted on 02/15/2010 10:27:55 AM PST by Onelifetogive (Flame away...)
[ Post Reply | Private Reply | To 17 | View Replies]

To: gubamyster; All
To those who say, "it's Un-Constimatushional" or whatever, that's rot. The 14th includes language that allows Congress to "clarify". Thus Mr. Stump's eloquent and succinct statement:

To clarify the effect on the citizenship of an individual of the individual's birth in the United States. (Introduced in House)

HR 190 IH

107th CONGRESS

1st Session

H. R. 190

To clarify the effect on the citizenship of an individual of the individual's birth in the United States.

IN THE HOUSE OF REPRESENTATIVES

January 3, 2001

Mr. STUMP introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To clarify the effect on the citizenship of an individual of the individual's birth in the United States.

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

SECTION 1. BASIS OF CITIZENSHIP CLARIFIED.

In the exercise of its powers under section 5 of the Fourteenth Article of Amendment to the Constitution of the United States, the Congress has determined and hereby declares that any person born after the date of enactment of this Act to a mother who is neither a citizen or national of the United States nor admitted to the United States as a lawful permanent resident, and which person is a citizen or national of another country of which either of his or her natural parents is a citizen or national, or is entitled upon application to become a citizen or national of such country, shall be considered as born subject to the jurisdiction of that foreign country and not subject to the jurisdiction of the United States within the meaning of section 1 of such Article and shall therefore not be a citizen of the United States or of any State solely by reason of birth in the United States.

This requires only a majority vote of the House and Senate to become law, and legitimately clarifies the Constitutional language in the 14th amendment. Since there has been no case before the Supreme Court that truly adjudicates this (U.S. v. Wong Kim Ark was about the child of legal aliens), this would settle the matter, and be far more democratic and efficient than waiting for a SCOTUS case which may or may not settle it.

It is to the eternal discredit of the Bush family that they have worked ruthlessly against this over the years. They are the reason it did not go anywhere in 2001, and probably still today.

49 posted on 02/15/2010 10:27:58 AM PST by Regulator (Welcome to Zimbabwe! Now hand over your property....)
[ Post Reply | Private Reply | To 12 | View Replies]

To: muawiyah

“People in the US on visas are required to add a child born to them in this country to their visa immediately. Seems to me the law already assumed for more than a century that children born to foreigners in this country were not citizens.”

That’s how I read the law, as well.


50 posted on 02/15/2010 10:29:23 AM PST by ought-six ( Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: EnderWiggins
The Supreme Court has mistakenly said...
51 posted on 02/15/2010 10:29:27 AM PST by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
[ Post Reply | Private Reply | To 45 | View Replies]

To: Paleo Conservative

Thank you.


52 posted on 02/15/2010 10:30:41 AM PST by Frantzie (TV - sending Americans towards Islamic serfdom - Cancel TV service NOW)
[ Post Reply | Private Reply | To 39 | View Replies]

To: 353FMG
A law cannot be applied retroactively. That is called ex-post facto and is unconstitutional. What is being contended here is that birthright citizenship was never properly conferred in the first place.

Politically, the only way to make it fly might be to (1)affirm birthright citizenship for those who had it before the law went into effect and (2)to allow children born of foreign parents who were in the country legally to apply for the same right under the 14th amendment as was granted automatically to children of parents who were not in the country legally.

The threat of retroactive revocation of wrongly acquired birthright citizenship could be enough to get the powerful ethnic lobby to agree to no more going forward to get a grandfather clause for those already here.

53 posted on 02/15/2010 10:31:01 AM PST by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
[ Post Reply | Private Reply | To 19 | View Replies]

To: Vigilanteman

I am so FOR this legislation. Mexican friends have told me coming here and having lots of children born here are part of their program called Reconquista, and it is specifically to take America back without a shot being fired, and they are well on their way to achieve this unless some action is taken now. The 12 million or more Mexicans, already here illegally, I suppose their children born here will have to have an exception made, but future generations need to be cut off at the pass. It’s about time Congress started legislation that the people want, instead of all the programs (Medical reform, Climategate, gov’t ownership of private industry, etc., whose main purpose is to get into our pockets big time) being rammed (or should I say “Rahmmed”) down our throats.


54 posted on 02/15/2010 10:31:53 AM PST by kiltie65
[ Post Reply | Private Reply | To 13 | View Replies]

To: AuntB

Look to Milton
Open borders and the welfare state.

A decade ago, Nobel prize-winning economist Milton Friedman admonished the Wall Street Journal for its idée fixe on open-border immigration policy. “It’s just obvious you can’t have free immigration and a welfare state,” he warned. This remark adds insight to the current debate over immigration in the U.S. Senate.

http://article.nationalreview.com/319184/look-to-milton/robert-rector


55 posted on 02/15/2010 10:34:21 AM PST by WOBBLY BOB (ACORN:American Corruption for Obama Right Now)
[ Post Reply | Private Reply | To 40 | View Replies]

To: Onelifetogive

Name one.......


56 posted on 02/15/2010 10:34:42 AM PST by Osage Orange (Life, Liberty and the Pursuit of Anyone Who Threatens It)
[ Post Reply | Private Reply | To 8 | View Replies]

To: MileHi

Mistake or not... it’s currently the law, as even this legislation admits.


57 posted on 02/15/2010 10:36:32 AM PST by EnderWiggins
[ Post Reply | Private Reply | To 51 | View Replies]

To: concerned about politics

Agreed. This is bankrupting America. If it does not stop then we are dead.


58 posted on 02/15/2010 10:38:39 AM PST by Frantzie (TV - sending Americans towards Islamic serfdom - Cancel TV service NOW)
[ Post Reply | Private Reply | To 4 | View Replies]

To: EnderWiggins

Children born of parents of a certain nationality are subject to THAT nation’s laws. If one had been born when one’s American parents were touring, say, Greece, one would be a citizen of the United States, not of Greece. Our laws originally recognized the same concept, and it was only when the liberals — for political hay — intentionally misapplied it that we came to the imbroglio we now suffer.


59 posted on 02/15/2010 10:39:13 AM PST by ought-six ( Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
[ Post Reply | Private Reply | To 45 | View Replies]

To: WOBBLY BOB

“Milton Friedman”

Bless his heart. Did you know he also told Dick Armey (when he was pushing NAFTA) that Nafta was NOT free trade, it was government managed trade. Armey didn’t listen and continues to push amnesty and ‘free trade’.


60 posted on 02/15/2010 10:41:28 AM PST by AuntB (WE are NOT a nation of immigrants! http://towncriernews.blogspot.com/)
[ Post Reply | Private Reply | To 55 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 101-109 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson