Arizonan voters could ban citizenship by birthright if an initiative is placed and passed by a November 2008 electoral ballot. The proposal- entitled the “Birthright Citizenship Alignment Act”- is a ploy against illegal immigration that would also obligate hospitals to check on the citizenship status of parents of newborn babies. According to the Associated Press, critics of illegal immigration claim that birthright citizenship is unconstitutional:
Some critics of illegal immigration contend that the U.S. Constitution's 14th Amendment has been misapplied and was never intended to automatically grant citizenship to babies of illegal immigrants.
The constitutional provision was enacted after the Civil War and was meant to apply to former slaves, said Rep. Russell Pearce, R-Mesa. “It has nothing to do with aliens.”
Meanwhile, Phoenix mayor Phil Gordon has appointed a panel that would consider changes in the city’s immigration policy. Gordon said that the panel was needed to revise an “out of step” policy though recent events may have accelerated his decision:
But Mr. Gordon, a Democrat, announced the change at a time when sentiment against illegal immigrants has intensified in Phoenix after the shooting death two months ago of a police officer, Nick Erfle, by an illegal immigrant. There have also been weekly protests at a furniture store whose owners have pressed the authorities to arrest day laborers who congregate there and who are believed to be in the country illegally.
Sources (English)- azstarnet.com, signonsandiego.com, New York Times
Sources (Spanish)- El Universal
Image- solotecnologia.com.ve
10 comments:
wow its a great peice of legislation i like the simple fact that everything will work out with that piece
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Russell Pearce is a bigoted idiot who doesn't seem to understand the U.S. Constitution. It's sad that someone like him is in the Arizona legislature and is running for the Republican nomination for Congress in Arizona's Sixth Congressional District.
I am the only candidate for the Democratic nomination in that district and I support comprehensive immigration reform. I grew up in New York and spent much of my adult life in Miami-Fort Lauderdale among recent immigrants from Latin America and many other countries.
Immigrants have made both New York and Miami better cities, and they will do the same for metropolitan Phoenix.
I think we need more legal immigration to the U.S.
I'm guessing that the state has no say in this area and this is just some cheap political showmanship?
Obviously no state law can violate the US Constituion which explicitly states that those born in the US are US citizens.
Yes, it is just cheap political showmanship, unless Rep. Pearce is actually as stupid as many people say he is. I have posted all the relevant caselaw on my blog, and there is no sane federal judge that could let this go through.
Birthright citizenship is not only in our Constitution; it is enshrined in English common law. The Fourteenth Amendment codified an act of Congress that had passed after the Civil War. The original intent may have been regarding slaves, but it's always been held to apply to all except two narrow categories: children of foreign diplomats serving their countries on US soil and children of foreign nationals who are occupying the United States in the event of a war and an invasion by a foreign power.
"Birthright citizenship is not only in our Constitution; it is enshrined in English common law."
Incorrect.
"Obviously no state law can violate the US Constitution which explicitly states that those born in the US are US citizens."
Again, incorrect and that is not what the 14th amendment states.
The 14th amendment does not mandate a state to issue citizenship. The 14th amendment does not mandate the issuance of birth certificates or certicificates of live birth.
States may enact laws that are consistent with or don't violate the U.S. Constitution. There is nothing in the 14th amendment that suggests that a state must issue a official state document to anyone who's presence is unlawful in the U.S.
Citizenship can be regulated both by the State and by the Federal Government (i.e. Congress)and the 14th amendment does not prohibit the manner in which it is regulated, only that it provides equal protection and due process.
The Supreme court has wieghed in on this issue once stating that a chinese diplomat's child (born in the U.S.) is not a citizen of the U.S. There are certain standards, legal test if you may, that have to be met.
The phrase "subject to the jurisdiction thereof" dosen't mean by virtue of a persons presence. If that were the case, merely entering the U.S. would make you a citizen, right? you would be in the Jurisdiction of U.S. law regardless if you were born hereor not.
The 14th amendment (which failed state ratification) was enacted during the reconstruction phase after the civil war. It was to address the problem with the newly free slaves (which were considered at the time as property) not to address or create a all inclusive form of citizenship.
If the congressional intent of the 14th amendment was ever applied, you would find out quickly that the states can regulate citizenship and deny so-called birth right citizenship to anyone who's presence is unlawful.
When you research the language, read the congressional debate, and understand the meaning of "subject to the jurisdiction thereof" you will find some interesting information out, none of which supports an all inclusive citizenship doctrine.
@Richard... Immigrants in New York came to this country LEGALLY. You have nerve trying to compare legal immigrants from civilized countries to those that are here ILLEGALLY from mexico. WTF? No one wants mexicans in this country... they are the lowest of the low.... BELOW sub-humans. ALL OF THE DIRTY, GRIMY, SCUMMY, NASTY DISEASED mexicans AND YOU NEED TO GET THE HELL OUT!
>@Richard... Immigrants in New York came to this country LEGALLY. You have nerve trying to compare legal immigrants from civilized countries to those that are here ILLEGALLY from mexico. WTF? No one wants mexicans in this country... they are the lowest of the low.... BELOW sub-humans. ALL OF THE DIRTY, GRIMY, SCUMMY, NASTY DISEASED mexicans AND YOU NEED TO GET THE HELL OUT!
Rep. Pearce: Thanks for responding, even if you did it anonymously.
Your reply was telling :very bigoted and moronic. Most Mexican-Americans are far better Americans and human beings, not to mention much more intelligent than you are.
You are anti-American and it is people like you who need to leave this country. But when the majority of Americans are made up of "minority" groups in about 2042, as estimated by the Census Bureau, most of you and your ilk will be long gone.
They are also far more articulate than you are.
The immigrants you disparage are our future. You are a relic of the bigoted past.
Wow, if this eventually passed, this would be a great blessing for our country. I understand our country is made up of many different, diverse people, but the way to make it that way is to do it LEGALLY. My mother is a legal immigrant of the United States and she did it the LEGAL way. Richard, she is one of those immigrants who DO add to this country. Calling people that don't support what you think bigoted idiots is the dumbest way to go buddy. I don't know where you get your evidence that illegal immigrants are smarter than the average american, considering most of them do NOT speak english...very interesting point... It is also interesting to see the greedy employers that use illegal immigrants for cheap labor. Everyone argues "what would WE DO without these HARDWORKING people." News Flash: we were doing it before they ran to our country.
Let us take a look at what mass immigration from Mexico and Central American has done to California:
"
In 1970, California had the 7th most educated work force of the 50 states in terms of the share of its workers who had completed high school. By 2008 it ranked 50th, making it the least educated state. (Table 1a)
"
California is now less educated than Mississippi.The 75% Hispanic LA Unified SD graduates 50% of students. That's it. That's all. The outcome of this is easy enough to predict. Whites and Asians, who are expected to pay taxes out the ears so that Mexicans may enjoy a US standard of living, will leave. This will further exacerbate the budget issues. This is the end of California as a first world region.
The United States developed a first world standard of living because of who was living here. When who we are changes, what we are will change as well. I've been to Mexico many times. It is a lovely country with a great people. It is also chaotic, disorganized and extremely unequal. As Californian demographics grow to resemble Mexican demographics California will grow to resemble Mexico. This is why I left.
Please show your proof William. Otherwise your claims are nothing more than figments of your imagination.
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