Bill would end birthright citizenship for children of illegal immigrants (PE Riverside CA)

[jody]

Bill would end birthright citizenship for children of illegal immigrants

Rep. Gary Miller, R-Diamond Bar, is pushing legislation that would end birthright citizenship for children born to illegal immigrants.

Miller also is taking aim at the so-called "birth tourism" industry, which arranges the travel and hospitalization of non-Americans who wish to have their babies on U.S. soil for the purpose of acquiring citizenship for them.

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

Current law recognizing those children as American citizens stems from the 14th Amendment to the U.S. Constitution, which 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."

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

But Miller argued that his legislation would not require a change to the Constitution. He pointed to a different section of the amendment that says, "Congress shall have power to enforce, by appropriate legislation, the provisions of this article."

Does the 14th clause "Congress shall have power to enforce, by appropriate legislation” give congress the authority to define “subject to the jurisdiction thereof” or is it left to SCOTUS to define that term?

[Captain Hilts]

1. To be frank, I think this would take a lot of pressure off young girls to reproduce immediately upon

getting here. There are two very young women upstairs from me - they've got greencards and work in sandwich shops in the neighborhood. Within a year both were pregnant and neither with a husband. I know they're on foodstamps.

They work really hard and are the kind of folks that should have a good route to becoming citizens, but the pressures to get pregnant so soon after arrival make it a whole lot tougher on them.

[Hello_Kitty]

2. Who is pressuring them to have babies? Is it a family thing? eom

[Captain Hilts]

10. Getting a legal citizen's foot on the ground as quickly as possible. Even

if it's the foot of an infant.

[northzax]

3. If they have green cards-

Why the pressure?

[nichomachus]

6. Because green cards don't make you or your children citizens

[Captain Hilts]

11. That's right. Being born here does. Hence, the pressures to do so. nt

[Kali]

13. children born here can't sponsor anybody until they are 21

it is a bullshit argument usually fomented by anti-immigrant assholes

[nichomachus]

14. Who said they could?

You're ranting against an argument no one made

[Captain Hilts]

15. Sorry, I'm not an anti-immigrant asshole. I think immigration should be easier.

Especially for folks such as these who struggled to get here and work hard.

But that pressure is there and you are less likely to be kicked out of the country if you have a child here who is a citizen.

[Kali]

25. your post #10 has more of the same types of talking points

so let me ask this: you wrote "I think immigration should be easier. Especially for folks such as these who struggled to get here and work hard."

Do you think undocumented folks "struggle to get here and work hard" and should have it easier as well?

[northzax]

29. if you have a green card

you can be kicked out of the US for three reasons: taking up arms against the US, aiding or abetting an enemy of the US, or by committing certain class A felonies.

you can also lose your green card by leaving the US for 365 consecutive days without filing for a re-entry permit.

[Captain Hilts]

43. A friend of mine is an immigration lawyer and the law is capricious and enforced capriciously. nt

[northzax]

28. so? the implied reason to have an anchor baby

is to stay in the US permanently. a Green Card gives you every right of a citizen, save that of voting. you have permanent residency, you can come and go as you please. what's the rush to get citizenship? you can apply for citizenship five years after gaining a green card, if you remain in the US for eleven months of every year. all a baby with US citizenship allows is for a parent to get a green card. then apply for citizenship, five years later. if you have a green card, having a child with US citizenship provides you no immigration benefits at all.

[Blue_Tires]

32. it has been an issue in the D.C. area as well

the WaPo had a feature profile on a couple of teen girls a few months back...

[lunamagica]

35. GMAB, citizenship has nothing to do with it. Most of these girls

aren't even aware of the law. The pressure to get pregnant is cultural, and would happen anywhere they lived, because having babies to them defines their worth and womanhood.


Childless women are seen as lesser beings

[Raineyb]

38. That's a disgusting stereotype. n/t

[Cleita]

41. How do you know that's why they got pregnant?

Maybe it was just ignorance of birth control. Also, has it occurred to you if minimum wage were a living wage, there would be no need for food stamps. Besides I have know many immigrants in my life time and many who got pregnant while they were illegal, and surprise many were Europeans, but none of them got pregnant to have anchor babies. As a matter of fact, it was worrisome to them because they knew they could be separated from their American born children if they were caught.

[WeDidIt]

4. "Subject to the jurisdiction" is VERY clear

Everybody on United States soil is subject to the jurisdiction thereof with very few exceptions. Every exception is related to foreign nation diplomatic corps and military. All others are subject to the jurisiction of the United States.

Congress does not have the power to alter that short of declaring all undocumented immigrants to be part of their nations' diplomatic corps which means they cnanot be arrested while here.

Yeah, that'll solve a lot.

[Kali]

5. because"anchor babies" are the cause of all our problems

assholes!

[nichomachus]

7. Most other countries have similar rules

In some countries, children born in the country are citizens if the parents have been legal residents for five years or more. Makes sense to me.

[Captain Hilts]

17. We need to get rid of instant citizenship and make earned citizenship opportunities easier. nt

[stubtoe]

20. Agreed.

[Captain Hilts]

18. Tougher rules in countries where healthcare is government-provided. nt

[northzax]

31. and most other countries are not comprised

almost entirely of immigrants and the children of immigrants. so it's not really relevant is it?

[harkadog]

33. This country isn't either now is it?

[northzax]

8. With all respect to the Gentleman from Diamond Bar...

He's a freaking idiot. The language about enforcement means just that, enforcement, not interpretation. The language is perfectly clear: if you are born in the United States, you are a citizen. End of story. Unless we amend the constitution, that is.

[northzax]

9. With all respect to the Gentleman from Diamond Bar...

He's a freaking idiot. The language about enforcement means just that, enforcement, not interpretation. The language is perfectly clear: if you are born in the United States, you are a citizen. End of story. Unless we amend the constitution, that is.

[raccoon]

12. Is he correct about this not requiring a change to the Constitution? nt

[jody]

16. That is the question I posed after the quote. n/t

[customerserviceguy]

21. The ultimate deciders of that question

will be the Justices who comprise the Supreme Court at the time a case would make it that Court.

[MyNameGoesHere]

19. Yes they want to get rid of brown people unless they are Cuban.

The wet foot, dry foot policy is the name given to a consequence of the 1995 revision of the Cuban Adjustment Act of 1966 that says, essentially, that anyone who fled Cuba and got into the United States would be allowed to pursue residency a year later. After talks with the Cuban government, the Clinton administration came to an agreement with Cuba that it would stop admitting people found at sea. Since then, in what has become known as the "wet foot, dry foot" policy, a Cuban caught on the waters between the two nations (i.e., with "wet feet") would summarily be sent home or to a third country. One who makes it to shore ("dry feet") gets a chance to remain in the United States, and later would qualify for expedited "legal permanent resident" status and U.S. citizenship.

Of course it has nothing to do with the fact that Cubans have in the past been rupuke leaning?

[Captain Hilts]

26. The immigration laws are chock full of unfair double standards. nt

[ThomWV]

22. Fortunately the Constitution trumps any bill this fool might introduce.

[Commie Pinko Dirtbag]

23. The OP has me on ignore. SOmebody ask him why he's pretending not to have an opinion on this.

And failing epically at that, I might add.

[LeftyMom]

27. It's probably better to direct that question to the mods. Surely, they know the drill with this one.

:shrug:

[KamaAina]

24. Darn that pesky Constitution!

Why does it keep getting in the way of real 'Murkins like this guy? :sarcasm:

[glen123098]

30. So these children will be born with no country to call home?

[Captain Hilts]

44. You are a citizen of the country of your parents. nt

[SwampG8r]

34. good

[POAS]

36. "Subject to the jurisdiction of"

would serve to differentiate the described persons from people such as diplomats who are not subject to our laws.

"Power to enforce" does not also convey the power to circumvent the express intent.

[Commie Pinko Dirtbag]

37. People who defend this crap don't have moral standing to...

...defend ANYTHING with "it's in the Constitution".

You know what I'm gunning for here.

[Cleita]

39. They can't change a constitutional right without an amendment.

What are these idiot Repukes learning in law school, or are they following the Bush plan to ignore the Constitution and write laws that suit them whenever they wish?

[Kali]

42. probably good ol' Liberty Law School and Christian U

[Mojeoux]

40. FUCK Gary Miller, R-Diamond Bar

Fuck him up!

I hate this shit.

Our beautiful USA is right on the border with the "Grapes of Wrath."

We should be helping to raise living standards all over the world.

[Initech]

45. Totally agree!

I originally lived in Diamond Bar - and the more I read about this guy the more I'm beginning to resent him. Seriously, this shit is going too far.