IMMIGRATION
Attack on Birthright Citizenship
Last week, Sens. Rand Paul (R-KY) and David Vitter (R-LA) introduced a resolution that
would amend the Constitution to eliminate the guarantee that all
persons born in the U.S. are automatically citizens. The resolution
stipulates that, in order for U.S.-born children to qualify for
citizenship, at least one parent
must be a legal citizen, legal immigrant, active member of the Armed
Forces,
or a naturalized legal citizen. Meanwhile, in Arizona, Republicans
introduced legislation this past Thursday seeking to challenge the right to U.S. citizenship for children born in the state whose parents are
undocumented immigrants. The 14th Amendment explicitly states, "[a]ll
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." These proposals all seek to either radically
change or reinterpret what it means to be "subject to the jurisdiction
thereof." As the draconian Arizona immigration law which made
headlines last year moves its way up the courts, the
attack
on the 14th Amendment and over 100 years of jurisprudence is looking to be
the next immigration battlefield in the months to come.
REDEFINING CITIZENSHIP:
Two separate
pieces of legislation pertaining
to birthright citizenship have been introduced in the Arizona
legislature. HB-2561 and SB-1309 would define children as citizens of
Arizona
and the U.S. if at least one parent is a U.S. citizen or a legal
permanent
resident. Both bills seek permission from Congress to allow states to
enter into compacts with each other to recognize separate birth
certificates
for children who meet the new definition of a citizen and those who do
not. The legislation has been repeatedly
introduced
in the past by state Senate President Russell Pearce (R) -- sponsor of the
harsh immigration law that was approved by Arizona last year who has faced
criticism for his reported
connection to local neo-Nazi figures. State Rep. John Kavanagh (R) is the
chief sponsor of the House version and
claims that
HB-2561 merely seeks to define citizenship based on the “correct
interpretation” of the 14th Amendment’s “subject to the jurisdiction”
language. According to Kavanagh, undocumented immigrants and their U.S.
born children are not
"subject to the jurisdiction" of the U.S. because they do not owe
sole allegiance to the country. Arizona isn't the only state
planning to take on the 14th Amendment's citizenship clause. Republicans
from
Pennsylvania, Oklahoma, Georgia, South Carolina and other states held a
press conference
earlier in January to announce their plans to introduce similar legislation.
Yet, support for their efforts is not guaranteed. The Arizona Capitol
Times
reports that, in Arizona, most lawmakers want to focus on the economy and fixing the state's broken
budget. "At this point, it doesn’t look like there is enough
support among the caucus members to include it [SB-1308] in the majority
plan," Arizona state Senate Majority Leader Scott Bundgaard (R) said.
REWRITING THE CONSTITUTION:
According to a
press release issued
by Vitter's office, neither he nor Paul "believe that the 14th
Amendment confers birthright citizenship to the children of illegal
aliens, either by its language or intent." Yet, unlike the state and
local initiatives being considered, this resolution actually proposes
amending the Constitution rather than leaving the matter of birthright
citizenship up to the courts. It's unsurprising that the resolution
comes
from a pair of politicians who ran two of the most
anti-immigrant
and, at times, blatantly racist election
campaigns of 2010. Ironically, it also comes from two lawmakers who
pride themselves in being constitutional conservatives. "This
legislation makes it necessary that everyone follow the rules, and goes
through same process to become a U.S. citizen," stated Paul. Vitter and
Paul may find other Senators who are of the same opinion. This past
summer,
Sen. Lindsey Graham (R-SC) announced that he was
considering a constitutional amendment to
change the 14th Amendment's citizenship clause because it "doesn't make
so much sense when you understand the world as it is." Sens.
Jon Kyl (R-AZ), John McCain (R-AZ), and Mitch McConnell (R-KY) all expressed interest holding hearings against the amendment. Meanwhile, Rep. Steve King (R-IA) has introduced legislation that would amend the Immigration
and Nationality Act to prevent the children of undocumented immigrants from
obtaining citizenship.
DEFENDING THE CONSTITUTION:
Besides being
morally questionable,
the attacks on the 14th Amendment are misguided and unworkable both in
practice and in theory. A study by the Migration Policy Institute
estimated that denying the U.S.-born children of undocumented immigrants
citizenship would leadto a
44 percent increase in
the undocumented population by 2050. Given that Vitter and Paul will
likely fail to attract support from two-thirds of Congress and
three-fourths of all the states, a Supreme Court decision is the only
remotely viable proposal on the table. Even then, it seems unlikely a
challenge to the 14th Amendment's
citizenship clause would pass legal muster. James Ho, a
former Bush administration lawyer, has provided a pretty widely-accepted definition of
"jurisdiction." "The plain meaning of this language is
clear," wrote Ho. "A foreign national living in the United States
is 'subject to the jurisdiction thereof' because he is legally required to
obey U.S. law." Ho also argues that "[d]uring congressional
debates, both proponents and opponents of the citizenship clause agreed with
this interpretation of the 14th Amendment." Ho's analysis is supported
by past Supreme Court decisions.
In
Plyler v. Doe,
the court wrote, "the Fourteenth Amendment extends to anyone, citizen
or stranger, who is subject to the laws of a State, and reaches into
every corner of a State's territory. That a person's initial entry into a
State, or into the United States, was unlawful, and that he may for
that reason be expelled,
cannot negate the simple fact of his presence within the State's
territorial
perimeter." In
United States v. Wong Kim Ark, the Supreme Court rejected "the
idea that one's status depends on his parent's status." In the rare
chance that the Supreme Court does strike down birthright citizenship,
the result would be chaos. "The court cannot create a timeline,
indicating all those born of the undocumented before a certain date are
grandfathered in and
all of those after are not,"
wrote Joe
Sigg of the Arizona Republic. "So, if the court makes a change and
reverses itself, the citizenship of 311 million Americans is in doubt
and must be proved - this means everyone - no exceptions...All would
temporarily be undocumented
or illegal aliens!"
Pro-democracy demonstrators are
calling for a "march of millions” in Egypt Tuesday
as the movement against the Mubarak regime continues to grow. "I
brought my American passport today in case I die today," said protester
Marwan Mossaad at one rally. "I want the American people to know that they are supporting one of the most oppressive regimes in the world."
While teaching his Sunday school class in Georgia, former President Jimmy Carter said Egyptian President Hosni Mubarak "will have to leave" because "the people have decided."
Dubbing the protests "the most profound situation in the Middle East
since I left office," Carter said Mubarak has "become more politically
corrupt"
during his reign and has "perpetuated himself in office."
Following Al Jazeera’s groundbreaking reports from the scenes of
Egyptian demonstrations, the Mubarak regime has shut down the network’s Cairo bureau.
While the station has officially been outlawed, its reporters continue
to operate in the country unofficially. Watch the station live here.
Hundreds of environmentalists, union members, and liberal activists converged on Rancho Mirage, CA to protest a conservative retreat backed by billionaires Charles and David Koch.
Prominent Republicans and major political donors gathered inside the
resort, while outside protestors "waved signs condemning ‘corporate
greed,' chanted slogans and surged toward a line of
helmeted police officers at the entrance to a resort."
On NBC's Meet The Press yesterday, Senate Minority Leader Mitch McConnell (R-KY) said he "isn't taking a government shutdown over spending concerns off the table."
McConnell offered President Obama "two opportunities" in a continuing
resolution and the debt ceiling vote to avoid a shutdown, adding "the
president ought to work with us on both
those occasions."
New York City Mayor Michael Bloomberg sent undercover investigators to an
Arizona gun show last week and found instances in which private sellers
illegally "sold semiautomatic pistols even after buyers said they
probably could not pass background checks
." The investigation is part the mayor's effort to crack down on illegal gun sales nationwide. A Bloomberg spokesperson said
investigators found similar problems in several other states.
The White House budget office proposed steep cuts to the Bureau of Alcohol,
Tobacco, and Firearms earlier this month, and agency officials now tell the Washington Post that the cuts "would effectively eliminate a major initiative in the fight against firearms trafficking on the Mexican border." The proposed cutbacks would remove $160 million from a $1.25 billion
budget; the budget proposal was an early draft and is likely to be
changed. |
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