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Immigration
See other Immigration Articles

Title: House Conservatives Want End to Birthright Citizenship
Source: HumanEvents
URL Source: http://www.humaneventsonline.com/article.php?id=10752
Published: Dec 8, 2005
Author: Robert B. Bluey
Post Date: 2005-12-08 22:16:46 by robin
Ping List: *The Border*
Keywords: Conservatives, Citizenship, Birthright
Views: 144
Comments: 17

House Conservatives Want End to Birthright Citizenship

by Robert B. Bluey
Posted Dec 8, 2005 House conservatives today announced plans to amend a Republican-sponsored immigration reform bill with language calling for the construction of a 2,000-mile fence along the U.S.-Mexico border and a provision that would deny citizenship to children born in the U.S. whose parents aren’t citizens.

The legislation, sponsored by House Judiciary Chairman James Sensenbrenner (R.-Wis.), is expected to be voted on by the full House as early as next week. Sensenbrenner has worked closely with the White House to craft the bill (H.R. 4437) -- the reason conservatives cited for the exclusion of key enforcement tools.

Rep. Tom Tancredo (R.-Colo.) organized Thursday’s press conference featuring about 20 other conservative Republicans. Each complained about a particular area they want to see addressed (see full list below).

Among those issues likely to be the center of debate next week: the lack of language authorizing a physical structure along the border and the exclusion of a so-called “anchor baby” provision undoing birthright citizenship.

The House conservatives said they would attempt to attach two bills previously introduced to Sensenbrenner’s legislation. House Armed Services Chairman Duncan Hunter (R.-Calif.) is sponsoring the TRUE Enforcement and Border Security Act (H.R. 4313), which authorized the fence construction, and Rep. Nathan Deal (R.-Ga.) introduced the Citizenship Reform Act (H.R. 698), which denies birthright citizenship.

Responding to Sensenbrenner’s bill, Rep. J.D. Hayworth (R.-Ariz.) said, “Both the timing and the thin patchwork context of this proposed House bill reinforced my concern that Washington continues to view illegal immigration as a political problem to be managed, rather than an invasion to be stopped.”

Conservatives flatly rejected any compromise with the Senate that would include a guest-worker or amnesty proposal. During a House Judiciary Committee meeting today, Republicans rejected a Democrat-sponsored amendment that would have attached a guest-worker proposal to Sensenbrenner’s bill.

Tancredo, leader of the 92-member House Immigration Reform Caucus, wouldn’t commit to any specific plan of action regarding amendments. His spokesman said no vote count had been done on any of the potential amendments, adding that the first priority is to simply convince GOP leaders to allow votes on amendments to the bill.

The full list of concerns, released by Tancredo’s office, is printed below.

Fixing our Broken Borders:

• Begin building a border security fence
• Put military on the border
• End ‘catch and release’
• Mandate passport usage for everyone traveling internationally
• Make volunteer border patrol a sanctioned federal activity
• Suspend visa waiver program

• Require a federal response when local law enforcement asks to have illegal aliens arrested
• Restrict federal money that goes to local governments that have illegal alien sanctuary policies
• Close the loophole which allows religious organizations and their agents to be immune from illegal alien harboring laws
• Make a DUI a deportable offense
• Increase penalties for smuggling of illegal aliens
• Increase penalties for terrorists who are illegal aliens
• Increase penalties for gang members who are illegal aliens
• Draft minimum standards for birth certificates and birth/death registries
• Make unlawful presence in the U.S. a felony

• Make employment verification mandatory
• Eliminate the business tax write-off for illegal workers
• Increase the penalty for employers who hire illegal aliens
• Make businesses who hire illegal aliens ineligible for future guest workers

• Disallow all federal funding from going to states that offer in-state tuition to illegal aliens
• Disallow the matricula consular card as a legal form of identification
• Reform the use of ITINs
• Eliminate social security totalization for illegal aliens

• Block any immigration provisions from being inserted into trade bills
• Block visas to countries that refuse to take their nationals back
• Reduce the availability of yearly legal visas per country by the number of illegal aliens from such country

• End birthright citizenship for illegal aliens
• Eliminate dual citizenship
• Make English the official language
• Write the oath of citizenship into law

• Eliminate the visa lottery
• Eliminate chain migration
• Eliminate H-1B visas
• Eliminate unskilled worker green cards
• Create a Department of Immigration or a cabinet-level agency

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Begin Trace Mode for Comment # 12.

#7. To: robin (#0)

House conservatives today announced plans to amend a Republican-sponsored immigration reform bill with ... a provision that would deny citizenship to children born in the U.S. whose parents aren’t citizens.

The Constitution cannot be amended by a Federal law; any law which conflicts with the Constitution is null and void. Article 14 clearly states, "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."

This action will require an amendment to the Constitution.

nolu_chan  posted on  2005-12-09   0:18:58 ET  Reply   Untrace   Trace   Private Reply  

This action will require an amendment to the Constitution.

No.

Read the 14th Amendment again:
"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."

Then recheck Federal Law where it specifically states that children of Foreign Diplomats do NOT automatically get "birthright citizenship." The key phrase "subject to the jurisdiction of the United States" is what to look at here.

That can simply be extended to "all foreign nationals." Keep in mind that American Indians did NOT get US Citizenship automatically until the late 1800s and a separate Federal law was required for that. There is precedent here.

An amendment is not needed. A redefinition is all that is required.

mirage  posted on  2005-12-09   15:52:41 ET  Reply   Untrace   Trace   Private Reply  

Then recheck Federal Law where it specifically states that children of Foreign Diplomats do NOT automatically get "birthright citizenship." The key phrase "subject to the jurisdiction of the United States" is what to look at here.

That can simply be extended to "all foreign nationals."

The spouse and children of foreign diplomats enjoy diplomatic immunity and therefore are not subject to the jurisdiction of the United States.

Your "solution" would be to grant diplomatic immunity to each and every foreign national.

I think you fail to consider the consequences of such a move. Any foreign national could commit any crime in the United States, e.g., murder one of your family members, and he or she would be immune from prosecution. The courts could not act because they would lack jurisdiction over the person. This purported "solution" results in millions of people running around with diplomatic immunity.

nolu_chan  posted on  2005-12-09   18:43:45 ET  Reply   Untrace   Trace   Private Reply  

Your "solution" would be to grant diplomatic immunity to each and every foreign national.

Negative. Recheck how this applied to American Indians. As I've said before -- there is precedent.

mirage  posted on  2005-12-09   18:50:54 ET  Reply   Untrace   Trace   Private Reply  

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