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Date set for unveiling of birthright citizenship bill

Rep. John Kavanagh (File Photo)

Rep. John Kavanagh (File Photo)

The 2011 legislative session will begin a few days early for two Arizona lawmakers who will be in Washington D.C. for the unveiling of legislation intended to end birthright citizenship.

Immigration hawks Sen. Russell Pearce, the author of SB1070, and Rep. John Kavanagh will attend a Jan. 5 press conference at the National Press Club to introduce model legislation that aims to force the U.S. Supreme Court to weigh in on the longstanding interpretation of the 14th Amendment that grants citizenship to the U.S.-born children of illegal immigrants. Lawmakers from 14 states who plan to introduce the bill will attend as well.

Despite worries from the business community, lawmakers and others that the controversial proposal will turn the Legislature’s attention from more important issues, such as the budget and the economy, Kavanagh said he doesn’t expect the birthright-citizenship bill to be a distraction.

“The budget and jobs will be the No. 1 priority, but we’ll still be able to deal with a lot of other important issues like illegal immigration,” the Fountain Hills Republican said.

Legislators in Alabama, Arizona, Delaware, Idaho, Indiana, Michigan, Mississippi, Montana, Nebraska, New Hampshire, Oklahoma, Pennsylvania, Texas and Utah plan to introduce birthright citizenship bills in 2011.

50 comments

  1. I am glad we (the U.S.) will finally get a chance to follow the majority of the other nations’ policies regarding child births abroad . Senators Pierce and Kavanagh are correct at proposing this bill. A child born in this country of an illegal alien DOES NOT mean that child is a U.S. citizen. If that was the case, then children born abroad of parents stationed overseas would make them citizens of that host nation (which we all know isn’t the case). I just refreshed my memory by reading the 14th admendment of the constitution and no where does it say the parents are constitutionally granted citizenship just because their child is born here.
    My opinion: 1. if a child of illegals are born in the U.S., the child becomes a ward of the state and put up adoption and the illegal parents are deported. 2. if the illegal parent(s) want the child, they can take the child and the entire family is deported with a birth certificate stating the child’s location of birth but his/her citizenship is still that of the parent(s) native country. Plain & simple.

    One way to minimize the problem of children born in this country by illegal aliens is to militarize the U.S. boarder and stop the processing of immigration applications until we (the U.S.) get the situation under control.

  2. It’s simple… IT TAKES A CITIZEN TO MAKE A CITIZEN! ;o)

  3. I am an immigrant and I totally support this law!!! It seems like someone is finally developing a brain to deal with this problem in this new era.

  4. what no one from New York? That right New Is full of Democrats and they are full of hot air. For years the states on the Mexican & Canada boarders have been asking for better protection on the boarders and all we here is they have their right too. Our rights as citizens of this country is to stop this if your born here you stay here the law needs to be corrected changed that your parents have to be born in the United States. Our boarders will only be guarded when we the people march on D.C. and run all the liberals out.

  5. i have a much better idea. require all illegally born kids to be put up for adoption and have the adoptive parents pay the hospital bills. its a win/win. then deport the parents for being criminals. i guarantee that would put an end to it. theyd have no incentive to come here. this is what they do, they get knocked up and come here looking for a free lifetime ride off their kids!

  6. Anthony,
    I like the way you think and you are right about the 14th amendment but it seems our present and past admistrations in DC choice to read into it what they want.
    It seems amazing to me that people cannot see if we stop giving to all the illegals we would not have a”health care” issue, we would not have a “job issue” nor would be have a “social security issue”. How can these illegals get more than the citizens of this country get? It amazes me that we pay in and they are allowed to take out with out any penalties.

  7. Most people dont realize that all repeal and reform, should start with very basic problem solving and issue identification. This is the first time I have seen a person, state or government legally try to identify a issue that influences and gets interpreted by burecrats and politicians and ultimately the LAWYERS, without any real attempt to clarify or stop the problems that stem from progressive interpretation and growth of programs without original intent of the legislation and years of expansion. Now I don’t have a lot of faith in the Supreme Court and the liberal numbers on the Court, but after the fiasco of the Clinton failure for illegals to register during the last “alli alli outs in free” migration “reform”, nor the legal registration by parents of their children born here, at that time, it seems this is the very basic method of getting a handle on futher understanding and clarity in the LAW!

    The illegal parents now in the States, under current law can take their children back if/when deported, even though the kids are deemed American citizens. The problem is the parents use the kids to cry foul and put the fear of lawsuits aganst the very Government that is threatening to deport the parents. Somehow the “sins of the parents” now becomes the sins of the government who try to enforce the law legally that now stands and has been “reformed” numerous times. If this law clarifies and states a universal standard or strict interpretation, that a gazilian ACLU and Minority Rights Lawyers cant dispute to death, it will be a benefit to both the Government and the U.S. even if later reform legislation contains a grandfather clause to all those born before, say 2010. Regardless of who is president or in congress eventually social programs and immigration numbers have to be controlled and limited to LAW that is clear and mutually understood. This is a better place to start than in a massive Dream ACt Bill that is misunderstood, uncomprehensible and just another multi manipulative expansion of foreign civil rights. Maybe another bill to consider would be a clear codification of who are the minorities covered in the Civil Rights Act of 1964? Americans or Mexicans,Brailians etc, who now clog the civil courts with discrimination complaints whenever a illegal is caught? For that matter are Mexicans and Muslims Protected classes, who come from other coutries illegally or the American Hispanics who have been here legally for centuries and religions that that are not protected by citizenship, because they are detained at the airport or refused service due to their suspicious actions?

    Pray for this common sense beginning to ethical immigration policy and LAW!

  8. The Supreme Court is often reluctant to change ongoing policies even when such policies deviate from a strict interpretation of the Constitution. Perhaps and hopefully, the Pearce-Kavanagh bill will be successful. But if not, then the XIV Amendment could be modified as follows:
    “All persons born [Add: 'of a United States citizen'] 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.”
    http://www.wix.com/rcjackman/possiblearticlevamendments

  9. I totally agree with Anthony Phillips’ statements 1.) and 2.). I thought I was the only one who thought that was the way to handle the problem. Glad to see that I’m not, but of course I know that the Libs would howl like crazy if that was suggested!

  10. California Birther/Dualer/Doubter

    Well said, Anthony. While they’re at it, introduce a bill clarifying the definition of natural-born citizen and requiring candidates for president and vice president be born on U.S. soil to two American citizens. Obama at best is just a native-born citizen as currently but wrongly defined by the 14th Amendment. Should the “anchor baby” bill pass, he would then be an illegal immigrant as his mother did not meet the standards to confer naturalized citizenship on him. In my opinion, he would then be an Indonesian citizen, which he likely is anyway because of his adoption by his Indonesian stepfather. Indonesia does not allow dual citizenship, which I know for a fact because my wife had to give up her Indonesian citizenship when she became a naturalized U.S. citizen. Additionally, there is no record of Obama having regained his U.S. citizenship when he moved to Hawaii upon his mother’s divorce.

    It also would serve justice if they would introduce a bill to release Obama’s virtual political prisoner, Lt. Col. Terry Lakin, from his six months of imprisonment for disobeying an order to go to Afghanistan because of concerns about whether Obama was constitutionally eligible to be president. He tried in vain for two years to get an answer to this legal rather than political question because his officer’s oath required him to defend the Constitution above all else, saying nothing of obeying the president or officers above him. Those who would like to show their support of Lakin can go to http://www.terrylakinactionfund.com/.

  11. California Birther/Dualer/Doubter

    By the way, shame on Sen. John Kyl for deserting Lakin. I assume he did this to cover his own behind for not ensuring that Obama is constitutionally eligible to be president, which led to Lakin’s predicament: http://obamareleaseyourrecords.blogspot.com/2010/12/senator-jon-kyl-declines-to-support.html

  12. California Birther/Dualer/Doubter

    “In my opinion, he would then be an Indonesian citizen, which he likely is anyway because of his adoption by his Indonesian stepfather.”

    I should amend the above remark. Obama would then be just a Kenyan/British citizen as his purported father was. He likely later gave that up to become an Indonesian citizen via his adoption.

  13. I hope this birthright citizenship can end soon. How many anchor babies did the American people pay for? How could this have gone on for so long?

  14. The 14th amendment makes clear that unless 1 parent is a US Citizen, that child is a tiny Mexican, because it is not born subject to jurisdiction of the USA.

    US Code 1401 also makes this clear in that sections b) and f) would be superfluous of a) meant that jus soli only sufficed for US Citizenship.

    And all US Code 1401 citizens are either naturalized at oath or at birth, none are natural born citizens, which is why the term and definition (2 US Citizen parents born in-country) is omitted from the law.

    This is also why Minor holds that the 14th does not define natural born Citizen.

  15. All I want to say is, It is about time, and God Bless them for pushing this issue!

  16. Plain & simple indeed & I agree wholeheartedly.

    In the constitutional republic of USA – Sovereign Citizens beget sovereign Citizens.
    Aliens beget aliens.

  17. I heartily agree with the statement of this bill re: infants born of illegals: They should Never have the right to automatic citizenship just because they happened by accident to be born in the U.S.

  18. Wondering how far back it should be made retroactive
    something like this could have more than huge savings for the Natural born citizens, I feel that the lax senators & Representatives were asleep at the switch. allowing this so long has placed every state with a large border into negative financial deficit. The offer of free lunches, free rent, and help with medical, utilities, subsidized,is insane if you ran your family like that the children & their siblings might never leave home and Having this continue would be total USA Deficit in just a few years.

  19. Be careful about your wishes for retroactive enforcement. How many generations would it extend? If even one of your ancestors was here illegally, wouldn’t you then be an illegal and subject to deportation?

    I don’t know all the 14th would not apply to anyone born here (with the exception for persons not subject to our jurisdiction-an exception made to purposely exclude the children of diplomats). Based on your interpretation, John McCain would not have been eligible to be President.

    Why is the idea of international law or using the example of laws from other countries is a horrible idea, except when it supports the xenophobic ideas that you have embraced as a means to hide your racist ideas?

  20. have you all lost your minds? Altering the 14th amendment would be a huge problem for this country, and you want to make it retroactive? Where are your ancestors from? The 14th amendment protects all Americans from being challenged — it was created so that there wasn’t a permanent underclass of American-born people living in an exploited state (AKA SLAVERY). Plus, this creation of an underclass would be catastrophic for the American worker which would then have to compete for their own jobs with immigrants who have no rights. Instead of going there, why don’t we assure, as the 14th amendment does, that all workers have equal rights and protections — or is that not in the constitution? Are all men are created equal, or just the white men you like? You claim to protect the constitution, but want to change one of the most important parts of it, a part this country had a WAR over?

    It goes against all that America stands for to make our society LESS equal. This country is founded on an equal opportunity for all people regardless of how they look. Children are not to be punished for the actions of their parents — regardless of their background, they are meant to have the same opportunities you and I do. This is an outrageous proposal. I can’t believe any of you would be considered patriots. I think you are quite the opposite.

  21. “Wondering how far back it should be made retroactive”

    How about 200 years? All illegal European aliens (and their descendants) would be made ineligible for federally-funded programs and us natural-born people of the Americas could live in peace.

    I realize that’s extremely radical but I’m just trying to put this kind of bill into perspective. Closing off borders and making it difficult for people of other nations to gain citizenship is a step backwards.

  22. I am so sadden to see that America is no longer a “free country” and that it’s become rather hateful than human. I am glad none of the above people are an ilegal person, and that they are wonderful caring good americans. May God bless all of you.

  23. I do feel that children born to non citizens should not be aloud to be natural citizens!! we have enough to deal with just getting our own people the needs for them.our solders are coming back from from war and can’t even get the help they need.there is to many of them coming home and ending up homeless and that pisses me off more than anything.they should be put first because they our the ones that put their life on the line so that we con have the life we do live!!!!!!!

  24. The problem is there has been only one review by the Supreme Court of the 14th amendment and that was 130 years ago. The issue is everyone assumes the jurisdiction in the amendment means inside US borders. However, the legal definition of the jurisdiction for immigration is defined by Congress which has included being born to US parents outside the borders on official business, etc. By definition, Congress has asserted US jurisdiction repeatedly over the years by changing and defining immigration and travel regulations. The legal question here is did the illegal immigrants subject themselves to US jurisdiction when they entered the country as intended by the amendment. Logically, the answer would be no since they have AVOIDED the immigration jurisdiction so they have NOT submitted. The left managed to avoid a case of this type until now.

  25. If a child is born in California, to a Mexican man and a Canadian woman, what right does the US have to deny the child the citizenship of his/her parents?

    Aliens in the US on a tourist visa, business visa, or student visa, and illegal-aliens are “transient aliens”.

    Transient aliens, alien public ministers and consuls, are under embassy/consular jurisdiction.
    Children of transient aliens, of alien public ministers and consuls, are under embassy/consular jurisdiction, and therefore are not entitled to enjoy the privilege of US citizenship.

    If both parents are “transient aliens” under “embassy/consular jurisdiction”, then the child is not a US citizen, but the combined-nationalities of the parents.

    If one parent is a US citizen and the other parent is under embassy/consular jurisdiction, then the child is a dual-citizen (born with dual allegiances), born with the combined-nationalities of the parents. The child is a US citizen, but not a US Natural Born Citizen.

    Only if both parents are US citizens, then the child is a US Natural Born Citizen born with single allegiance to the US.

  26. I’ve got to say, that’s one hateful bunch of people you have in Arizona! Indeed, 200 years retroactive for those people who came voluntarily. If you were brought to America against your will then you should get to stay, otherwise, back to Europe for the lot of you.

  27. You people are sick.
    Teabaggers are so in love with the Constitution, but they’ll toss the plain language out the window to satisfy their racist and bigoted beliefs.

    Why don’t you all just go to NY and tear down the Statue of Liberty right now?

    You anti-immigrant bigots should ask Native Americans how they feel about immigration.

    I guess “Give us your Poor, your Tired, your huddled masses…” means nothing to you.
    You should all be ashamed of yourselves.

  28. Regarding the very 1st comment (by Anthony Phillips): He says: A child born in this country of an illegal alien DOES NOT mean that child is a U.S. citizen. If that was the case, then children born abroad of parents stationed overseas would make them citizens of that host nation (which we all know isn’t the case). The hen clause simply does not follow from the if clause. Who is a citizen of another nation is determined by their law, not ours. Who is a citizen of our nation is determined by our law, not other nations’ laws. If you are going to comment on politics, you should first learn something about logic.

  29. 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.

    Strict constructionist reading is ALL PERSONS BORN in the United States are citizens. Unless you’re a diplomat, if your’e in the country you’re under US jurisdiction. How else could arrest them? Sorry, that’s what the constitution says. Strict construction and all.

  30. As a Mexican immigrant, I am saddened by the hateful comments on this board. As an attorney, I am appalled by the sentiments espoused by most commenting. The 14th Amendment is part of what makes this country great. It seems some of our elected officials want to return to a time when slavery was accepted. What would be accomplished by stripping citizenship away from children, other than taking their dignity and converting them into undocumented human beings? Would this not then create more problems?

    The 14th Amendment assures that those who are born here are able to become U.S. Citizens, and have all the freedoms this amendment provides. Whatever Pearce is doing is a futile exercise, as the law would end up being held unconstitutional.

    I would hope Arizona wakes up and starts holding our elected officials accountable. Arizona needs to demand our representatives focus on creating laws that pass constitutional muster. Currently, our officials are simply wasting our time and tax dollars, and at the same time giving Arizona a bad name. No human being is less worthy than another.

  31. Yeah, It’s simple, it takes a Citizen to make a Citizen….

    No it is actually a bit more complex. It is you who are simple.

  32. Really, how far back do they plan on taking it? My great grand father entered this country illegally, and then fought for it in the First World War. These clowns would then deny citizenship to his sons, on who died at Pearl Harbor, and my grandfather, who got a Purple Heart at Guadalcanal. Since he married a Canadian nurse, that would mean that my father was not a citizen when he chose to Vietnam, instead of Canada. Frankly, you xenophobes make me ashamed to be an American. I say Pearce and Kavanagh are nothing but traitors, and should be treated as such.

  33. I am hurt by the way you feel about immigrants
    when you know this country was founded by immigrants
    who came to this land to be free and equal
    if you want to argue about who is the true citizen the true citizen would be the Native Americans that lost their land many years a go
    you are just racist and afraid

  34. Kavanagh was right there appluading neo-Nazi JT Ready in 2007.
    No one has bothered asking him about it.

  35. California Birther/Dualer/Doubter

    The canards and calumnies of the left never cease to amaze me. :

    > If even one of your ancestors was here illegally, wouldn’t you then be an illegal and subject to deportation?

    It’d take both parents to be illegal immigrants for one to be illegal as well. I could live with grandfathering the anchor babies who were made citizens as the result of a wrongful interpretation and application of the 14th Amendment, otherwise the anchor baby madness must stop.

    > You claim to protect the constitution, but want to change one of the most important parts of it …

    Not change it; rather, restore it to its authentic definition.

    > This country is founded on an equal opportunity for all people regardless of how they look.

    That is true, and we have no problem with that. The problem we have is there is nothing equal opportunity about those breaking the laws to get ahead of those who strive to immigrate here legally. Comprendre?

    > How else could arrest them? Sorry, that’s what the constitution says. Strict construction and all.

    Ann Coulter explains why your argument is a fail: http://tinyurl.com/355kvkz and http://tinyurl.com/2ero9tm

    > No human being is less worthy than another.

    Who said that? It wasn’t us. All human beings are equally worthy; they just cannot be U.S. citizens if their parents weren’t. You do know Mexico would kick you all out if you are there illegally, don’t you? Why should America be any different in protecting its borders and sovereignty? Lawbreakers are to be treated as such. Sorry, it is what it is.

  36. California Birther/Dualer/Doubter

    > Frankly, you xenophobes make me ashamed to be an American.

    Au contraire … those who have a phobia about the Constitution like Joy Behar and her ilk (http://tinyurl.com/2bfdbml) disgust me.

    > I say Pearce and Kavanagh are nothing but traitors, and should be treated as such.

    Are you kidding? Try Maj. Hasan, who shows why we should bestow citizenship only on those who prove they are worthy of receiving it by respecting our laws and ways: http://tinyurl.com/yzdgseq

    If you don’t like it, you should leave — the sooner the better. Illegal immigrants have no right to lecture us on what is un-American.

  37. hello my name is guadalupe aka: lupe, i am a citizen born in the u.s. and if you guys hate imigrants kick them out. if you guys are talking about kicking a son of an iligal woman… **** you! i love the us and i love caucasians. and there is no other place than the u.s. where i could enjoy them. :) how can you say that you want to kick someone out of here, who is already a citizen? can someone take my citizenship away? or are they(you) trying to stop ilegal imigrant from coming and haveing for them to give birth in the u.s. and so their children wont be citizens… they should kick the parents out but leve the “childrens” the citizens here in the u.s. and if so dosent happen im going to **** you all up… there is no way some onecould just come and rip or take my birth certificate away from my hands, i wont let that happen. im a citizen and a citizen of the usa and im proud of it(period)! if anyone has something to say say it to my-(email)!, ryan_love06@hotmail.com

  38. Yes, we Americans should protest against Illegal immigration (stop birth right citizenship), H1B, L1 Visa….
    Many in IT jobs are forced to train someone with H1B visa and are asked to leave the company. Corporatism is like mafia controlling the government.
    We all should march against this atrocity. Microsoft laid-off 5,000 employees and replaced all of them with H1B visa holders. Wake up America!
    H1B visa holders (and L1 Visa holders) who STEAL American IT jobs for cheap wage make sure to have kids in USA because even if they have to leave USA after trying all the possible loop holes to get green card, they will be back when the kid turns 21, as he/she could sponsor them. By this process there will be millions of unpatriotic so-called Americans in the near future.
    This loop hole used by H1B, L1 and illegal immigrants could by stopped by removing birth right citizenship and change the law like France, Germany and Australia.

  39. I guess if we stopped birth right citizenship there would be a whole lot of people packing their bags not just to go back to Mexico but also back to Europe!! The only birth right citizens would be the native American! Que tengan buen dia !!

  40. The level of bigotry and ignorance I have read on the comments are unbelievable, some of you ignorant fools think that silly measure is going to solve the illegal immigration problem, when in reality it’s going to make it worse, Americans should be working on ways to legalize the situation of millions of illegal immigrants rather than to make the number higher and the problem even more difficult to attend.
    You don’t need to militarize your “boarders” as the first guy who commented wrote (shame, you can’t even spell your own language!) ’cause immigrants will still be flushing your country through airports and seaports, as most of your parents and grandparents did, ’cause most of you, specially those blond-haired clear-eyed people are not from here, I would suggest you to read some history about that, but according to the spelling from most of you, I wouldn’t expect you to grab a book, or even to be able to read complex stuff, in fact I doubt most of you bigots completed your high school.
    You really give Americans a bad name, shame on y’all.

  41. L1 visa holders steal our jobs and make sure they have a baby before they have to leave. They misuse birthright citizenship.

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