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. And finally: When asked about his current life goals, former GOP House Majority Leader Tom DeLay, who faces three years in prison for a money laundering conviction, said, "I'm trying to stay out of prison, obviously." |
| |
 "Right now, freedom's radicalized enemies are subverting Egypt and our other allies."
-- GOP Conference Chair Rep. Thaddeus McCotter commenting on the Egyptian protests, 1/28/2011
VERSUS
"This is a myth that was sold by the Mubarak regime, that it's either us -- the ruthless dictators -- or a Muslim al-Qaeda type."
-- Leading pro-democracy activist Mohamed ElBaradei, 1/30/2011
| |
No comments:
Post a Comment
Keep a civil tongue.