Buoyed by recent public opinion polls suggesting they're on the right track with illegal immigration, Arizona Republicans will likely introduce legislation this fall that would deny birth certificates to children born in Arizona - and thus American citizens according to the U.S. Constitution - to parents who are not legal U.S. citizens.
The law largely is the brainchild of state Sen. Russell Pearce, a Republican whose suburban district, Mesa, is considered the conservative bastion of the Phoenix political scene. He is a leading architect of the Arizona law that sparked outrage throughout the country: Senate Bill 1070, which allows law enforcement officers to ask about someone's immigration status during a traffic stop, detainment or arrest if reasonable suspicion exists - things like poor English skills, acting nervous or avoiding eye contact during a traffic stop.
But the likely new bill is for the kids. While SB 1070 essentially requires of-age migrants to have the proper citizenship paperwork, the potential "anchor baby" bill blocks the next generation from ever being able to obtain it. The idea is to make the citizenship process so difficult that illegal immigrants pull up the "anchor" and leave.
The question is whether that would violate the U.S. Constitution. The 14th Amendment states that "all persons, born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." It was intended to provide citizenship for freed slaves and served as a final answer to the Dred Scott case, cementing the federal government's control over citizenship.
But that was 1868. Today, Pearce says the 14th Amendment has been "hijacked" by illegal immigrants. "They use it as a wedge," Pearce says. "This is an orchestrated effort by them to come here and have children to gain access to the great welfare state we've created." Pearce says he is aware of the constitutional issues involved with the bill and vows to introduce it nevertheless. "We will write it right." He and other Republicans in the red state Arizona point to popular sympathy: 58% of Americans polled by Rasmussen think illegal immigrants whose children are born here should not receive citizenship; support for that stance is 76% among Republicans.
Those who oppose the bill say it would lead to more discrimination and divide the community. Among them is Phoenix resident Susan Vie, who is leading a citizen group that's behind an opposing ballot initiative. She moved to the U.S. 30 years ago from Argentina, became a naturalized citizen and now works as a client-relations representative for a vaccine company. "I see a lot of hate and racism behind it," Vie says. "Consequently, I believe it will create - and it's creating it now - a separation in our society." She adds, "When people look at me, they will think, 'Is she legal or illegal?' I can already feel it right now." Vie's citizen initiative would prohibit SB 1070 from taking affect, place a three-year moratorium on all related laws - including the anchor baby bill - to buy more time for federal immigration reform. Her group is racing to collect 153,365 signatures by July 1 to qualify for the Nov. 2 general election.
Both sides expect the anchor baby bill to end up before the U.S. Supreme Court before it is enacted. "I think it would be struck down as facially unconstitutional. I can't imagine a federal judge saying this would be OK," says Dan Barr, a longtime Phoenix lawyer and constitutional litigator. Potentially joining the anchor baby bill at the Supreme Court may be SB 1070, which Arizona Republican Governor Jan Brewer signed into law in April. It is set to take effect July 29, but at least five courtroom challenges have been filed against it. Pearce says he will win them all.
Comments
Apparently, now over a MILLION Asian illegals
This is nonsense. Which countries are they coming from? I am part Asian and I am sick of illegals.
Asian immigrants are taking jobs that Americans DO want. I sat on a hiring panel and noted their lack of English skills as they applied for office positions. One would need a translator just to do the daily work if they are hired - and these people were legal!
You want to call it hate?
Susan Vie says it is hateful. Hate is a strong word, but American don't put up with illegal behavior, whether you immigrate to the US illegally or you murder someone. That is breaking the LAW. It is illegal and we prosecute people for illegal behavior. It is pretty basic math. Figure it out! She also says it is racist. NO it is not. I don't care what color of skin or nationality is associated with anyone that thinks they can come to the United States and get a free ride on the enormous amount of tax dollars I pay each year. That is wrong, even if you are a white illegal immigrant from another country. It is pretty basic math. Figure it out!. This is not about immigration reform, it is about garnishing a large number of hopeful democrat voters. It's pretty basic math. I figured it out! Get them out. They are starving our economy!
Anchor Babies
In regards to the 14th amendment stating "all persons, born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States" Please note the words "and subject to the jurisdiction thereof".
This means that the parents have to be citizens of the US first, then the baby will be a citizen of the US.
Just because a person from another country, who is under that countrys' jurisdiction, has a baby in our country (US) does not automatically give the baby US citizen ship. For example, children of foreign ambassadors who are born in this country are not US citizens.
Illegal Invaders!
GOOD for Virginia!! Illegal is Illegal! Why is this such a hard concept?
ILLEGAL INVADERS take jobs; don't pay taxes,Bankrupt local governments not to mention WHOLE STATES!!( Look at CRIME stats regarding ILLEGAL'S) How about our education systems (Calif.!)ect,ect.,ect.ect.
The blind eye, and out right callousness regarding this invasion is, a 100% across the country epidemic regarding it's proportions!
Integrating into a society within it's immigration LAWS is one thing, but Invading across international boarders ILLEGALLY with intent to settle a already settled land is preposterous!!
The Obama administration is taking the same approach to this PROBLEM as the Republicans approach to Healthcare! , not that they did any better regarding ILLEGAL invading as well.
My Great Grandmother came over from Italy with 7 children LEGALLY which means she had to jump through ALL of the hoops and wait her turn!
When she finally came over LEGALLY she made it 100% clear that they were ALL AMERICAN now, and that AMERICA is where their LOYALTIES lay, they weren't settlers they were INTEGRATING LEGAL IMMIGRANTS.
They learned ENGLISH and were forbidden to speak Italian in public by her as well, as hard as it was for her she to learned ENGLISH as she knew AMERICA was a SOVERN NATION.
My family worked the coal mines; the Steel mills,built bridges,and worked the quarries! and were treated as 3rd and 4th class citizens but stood tall and persevered because they were LEGAL!!
My true Grandfather was called a W.O.P. (Without Papers) and DEPORTED back to Italy because he was ILLEGAL!!
What makes today's ILLEGAL INVADERS any better or different than my Grandfather??!!! Not a damned thing! that's what!, and they should be treated the same way,none of this 6 billion dollar a year anchor baby crap!
What the Hell is wrong with this whole acceptance of ignoring the term ILLEGAL and to further consider these criminals immigrants! I think not! Or should we just skate by,by changing the terminology? NO! ILLEGAL INVADERS are FOREIGN CRIMINALS plain and simple!
Yes I said criminals because in any other country including theirs WE would be considered Criminals and treated as such!
Hell people who look at this country probably laugh and wonder why are walking freely toward a cliff WITHOUT A BLINDFOLD!!!!
The very fact their is a FEAR FACTOR by our own governments ! local and federal !! regarding the retaliation of a group with special or foreign interest, up to and including; religious or race related issues, or a race that any Illegal invader is from OR Settlers that aren't interested in integrating but taking over (see stories related to Christians & Muslims in Deerborne;MI) is unreal! that's what the National guard is for! and it's about time they were put on stand by and this whole thing dealt with!
Yes it will be a mess BUT only because it has been ALLOWED to perpetuate this far and this long!!
Maybe then we can start once again, GROWING as a SOVERN NATION gaining a sense of NATIONAL PRIDE due to the replacement of our BRAINS! and yes both our SPINE and our Balls as well !!
The AMERICAN people have spoken NOW ACT!!!
Remember and mark it well. INTEGRATING; LEGAL,LOYAL TO THEIR NEW COUNTRY, AMERICAN IMMIGRATIONS...what a freaking concept!!!!!!
If this is a foreign concept to them, they can remain foreign as well, their vested interest apparently aren't that of someone who would be interested in becoming a true AMERICAN CITIZEN!!
Yes this is strong but the truth hurts without the lies that buffer the FEAR FACTOR also known as being POLITICALLY CORRECT.
Oh and for those of you that think I'm racist, your way off base! I have no bias regarding; Race,religion,sex,sexual preference,or anything else that involves the pursuit of happiness regarding any legal human being in my SOVERN country or others within their own SOVERN countries,you don't have to love your government to love your country and the love of MY Country is where this extensive commentary is coming from! Now let's see how it's treated by both you and it's host.
Allan.
anchor babys
It is simple to stop anchor babys. You declare a birthing room in the hospital to be mexican terratory or possibly UN terratory. Then any baby born in that room is NOT born in the USA. We do it in every country in the world where children are born to US citizens though it is usually an embasy or consulate where this is done.
Don
He's right!
Is there any other country in the world that allows instant citizenship by birth, regardless of the parents' nationalities? On top of taxpayers getting the medical bills for the birth, then they are liable for support just because mom was here at the time of the birth? Just issue a birth certificate that states the birth info on the child, and that said child was born to non-citizen parents and is not a citizen of the US. (Like Hawaii's certificate of live birth that gave the basic info, but was not a legal birth document until recently). Every person needs a birth document, but America is broke and we cannot afford to be a "beneficial Uncle Sam" to the rest of the world.
Anchor Babies
Arizona is leading the field. All Americans need to support this great state in the immigration non-rights. Illegal is illegal, a law was broken by the illegal immigrants. While I believe any foreigner should be welcomed, barring criminals in their own country of origin, as long as they follow the legal methods of applying for citizenship. We, the people of the United States of America are all immigrants. However, our forefathers came here legally. We now are facing hard financial times. This is made more critical by the illegals and anchor babies enjoying the benefits of our social programs. This needs to be stopped. Sealing the borders should be our first priority, followed by the deportation of all illegal immigrants, no matter their origin, as well as their anchor babies.
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