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 ...
I agree, this “born on U.S. soil = automatic citizenship” is B.S.!
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
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.
Thirty million illegals invading and occupying the US is a very large army.
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.
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.”
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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! :)
“...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.
But, but, but...people all over the world HATE the US and all that we stand for....the media told me so...
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.
“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.
Thank you.
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.
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.
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
Name one.......
Mistake or not... it’s currently the law, as even this legislation admits.
Agreed. This is bankrupting America. If it does not stop then we are dead.
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.
“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’.
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