U.S. Congress - H.R.1868 Birthright Citizenship Act of 2009
H.R.1868 - Birthright Citizenship Act of 2009
To amend section 301 of the Immigration and Nationality Act to clarify those classes of individuals born in the United States who are nationals and citizens of the United States at birth. view all titles (2)
All Bill Titles
- Short: Birthright Citizenship Act of 2009 as introduced.
- Official: To amend section 301 of the Immigration and Nationality Act to clarify those classes of individuals born in the United States who are nationals and citizens of the United States at birth. as introduced.
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Here's the relevant section of the 14th amendment:
"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."
http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution
For the first time on this website I have had to thumbs down a "Republican" bill. The 14th Amendment is clear on this: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the States wherein they reside."
14th Amendment to the U.S. Constitution: Ratified: July 9, 1868
This bill I feel will violate the constitution of the United States. The Constitution did not discriminate on a child or other person due to their parents citizenship status.
If a child of illegal parents is born here in the United States, than that child is a legal citizen, however what this bill should be doing is eliminating the automatic citizenship status for the parents; as they are not legal citizens, but are parents of a legal resident.
I believe this bill violated the Constitution, and I hereby stand against it.
Unfortunately, I have to agree that you're right, that it goes against the 14th amendment. The parents aren't automatically given legal residency, just are allowed to chain migrate (with other members of the extended family) and become legal residents when the child turns 18. If the parents aren't legal citizens, should we take the children away and put them in foster care? Should we continue to allow the illegal parents to remain, knowing that they turn to welfare, medicaid, and hospital emergency rooms to have benefits? It's not an easy problem, and while I wouldn't mind the *children* staying, the law-breaking parents have got to go.
My opinion is that programs that are paid for by citizens and taxpayers are to be used for the benefit of citizens and taxpayers.
Is there a way to allow for the citizenship of the child without rewarding the illegal manner in which they received it? Wouldn't limiting services to legal residents greatly reduce the incentive to enter the country illegally?
Services to legal residents are limited already. People don't come here for the services because they generally don't get any.
I have not thought about this issue this way, only that it blatantly violates the 14th amendment (unless you make it do acrobatics). In 2007, over 1 million people became Legal Permanent Residents (http://bit.ly/4u4FyG) & under this legislation their children would be ineligible for citizenship, regardless of how long their parents have lived in the states.
As far as social welfare benefits, the POWRA made immigrants ineligible for most benefits until they have been in the US for 5 years; an undocumented person is not eligible for most benefits (including TANF, what people usually call welfare).
Regarding children of undocumented immigrants - should kids be punished for the parents' decision to enter the US illegally, regardless of whether the parents planned to have kids here or not? Could you really look a child in the face and tell them they don't deserve food b/c their parents violated civil law? Lord help us as a nation if our citizens could actually do that.
Yes I could look them in the eye and tell them that. Most likely through an interpretor.
Could you tell american kids who belong here the country is going to hell because we are letting people leach off of it.
Way to Fast,
The bill does not violate the Constitution, it is amending an amendment. (the 14th amendment). Thats what amendments are for, to amend (adjust, change, update, etc) the laws that become outdated. Read history. This amendment was put into place shortly after the civil war in order to protect newly freed slaves, not to allow illegal immigrants to come here to have their children so they become automatic citizens. (If we wanted open borders there would be no need for immigration laws right?) These illegal immigrants have chosen to use out laws against us to their benefit. Why would you want to allow that to continue?
You cannot amend a Constitutional amendment with a statute. You would need to use the process of Constitutional Amendment found at http://www.archives.gov/federal-register/constitution/ to amend or repeal the 14th Amendment. That process states that an amendment can only be "proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures." Once it is proposed, the amendment would then have to be ratified by three-fourths of the States (38 of 50 States).
I'm glad for this process, because this bill would put us in the same camp as Kuwait where there have been multiple generations born in that country w/o gaining citizenship. Many Americans condemned that back in 1990 and it's not the right thing to do now.
here here. This has been the biggest loophole that has compounded the number of illegal immigrants in this country. There is a high percentage of pregnant women from Mexico that come here illegally just to have their child so they can stay. Look at what's going on with Calif and some of the other border states.
I'd be interested in seeing your source for this claim.
look it up it is all over the palce. Look at anchors away on youtube. It s a cbs report that even talks about roaches ( illegals) coming into the hospital soaking wet because they swam across the river
This bill does not amend the Constitution, it violates the Immigration and Nationality Act (see the title of the bill).
Thank God another patriotic american. I agree the 14th amendment was written to protect newly freed slaves it was not meant to be exploited to leach off our country because they are from a hole in the wall. The only way to keep them out is to make is as uncomfortable as possible here. Then there is no reason to come. The illegals act like we owe it to them and they thumb their noses at us. That is in addition to not attempting to learn our language.
Liberals just want to keep birthright citizenship because they dont want the latino vote to go agaisnt them and they figure the voters will vote liberal.
I think anyone who supports illegal immigration ( including anchor babies) is a traitor to this country.
"and subject to the jurisdiction thereof" was added to overcome court decisions such as The Dred Scott Decision and other language in laws denying citizenship to freed slaves born in the US. But children born to individuals in the US who are foreign diplomats or have visitors visas are not citizens because they are not subject to the laws of the US.
The current interpretation goes back to s court case in the 1890's whereby a person born in the US to Chinese workers who were not citizens but remained loyal to the Chinese Emperor was refused reentry into the US after his parents returned to China.
But ask illegals who they are loyal to, The US or their home country. Most would say their home country. Therefore, are they really subject to the jurisdiction. Ask their children. They are loyal to the country of their heritage.
This bill needs to be passed. It would stop illegal immigration overnight.
I'd be interested in seeing your sources - you seem to be implying that all undocumented immigrants come over here to have babies. Please point me to the research that has shown that.
should illegals even be coming here. What would you rather have armed guards shooting them before they get here or this law passed. They are criminal and giving the kid citizenship ends up rewarding the parent for commiting a crime as the kid is eligible for welfare and all that
I'm sorry but I disagree about violating the 14th amendment. I doubt very seriously that our framers anticipated that people from other countries (like Mexico, which was totally different back then where territory is concerned) were going to sneak into the US so there unborn children would be citizens upon birth and thus giving them (the illegal parents) access to our Social Security, health care, etc. I think this bill clarifies what the framers intended.
People who come to the US illegally for the purpose of giving there children citizenship in the US are nothing short of sneak thieves. There are NO circumstances (child or not) that should be an exception to this rule. Who knows, maybe we could actually cut down on some of the illegal crossings and, dare I say, deaths in the deserts from sneaking in to the US.
"I doubt very seriously that our framers anticipated that people from other countries...were going to sneak into the US so there unborn children would be citizens upon birth and thus giving them...access to our Social Security, health care, etc."
How about this:
"I doubt very seriously that our framers anticipated that people from other countries...were going to sneak into the US so there unborn children would be citizens upon birth and thus giving them...access to our land, our resources, our sources of food, etc."
We were founded by "undocumented immigrants" (or "illegals") - who stole from others and murdered them to get what they wanted. Yet you don't think they would mean that people should become citizens in the very manner they became citizens? Interesting.
Oh, is that right? Well, let me ask you this then. Two illegals heading for the US border, mother pregnant and about to drop, both KNOWING they don't have documentation to be here at all, but trying to cross the border Illegally, they get 5 miles from the US Border when the mother delivers her child, but they proceed on and stop at the first town they come to on American soil and tell the people there the child was born on US soil. Should any of them be given citizenship and full rights? Not just no, but HELL NO! If they aren't citizens, then their child aint either! They are all just here visiting!!!!!!!!!! Like any German, or European tourist just over here on vacation, or as they say it, on Holiday!
You have not read the ENTIRE Amendment. " and SUBJECT to the jurisdiction thereof" is what you are missing. A foreigner is NOT A SUBJECT of the US, and there fore all kids a foreigners! The CURRENT law is unconstituional!
Well said, and I couldn't agree more.
EXACTLY! Read the words!
What part of "and subject to the jurisdiction thereof," dont you understand?
Foreigners are not subjects of the USA and there for their children are NOT US citizens. The 14th Amendment SUPPORTS this bill.
REPORT AND DEPORT!
Again do you people choose to be ignorent or are you just born that way???? Stop foccusing on the parents mistake for just a second and think of the children!! whats to become of them if this bill passes when they grow up?. Suffer the hardships the way there parents did for coming to the us illegaly. When they were acctually born on american soil and have absolutly no say in there parents decision to come here illegally? Of what country would they be citizens of? This bill makes me sick and so does Rep Deal for being ignorent and well racist. Taking the birth rights is'nt going to make anything better i simply just don't understand why we should blame the children and deny them the rights they should be intitled to.
This will do nothing unless they have the power to enforce it. Be prepared for many many more "illegal immigrants".
bill doesn't say anything about children born to LEGAL IMMIGRANTS who are waiting for their green card and citizenship. Looks like short sighted bill.
Children born to illegal parents should not be held responsible for something they dont have any control.
This bill is pure Communism. The fact is that this abridges the 14th Amendment. This bill to the Communists in our government is their "Anchor Baby" in the Constitution. If they want to amend the Constitution then there is a legal process to do so. To pass laws that override UNALIENABLE RIGHTS in and of itself is UNCONSTITUTIONAL. Next they will make a Bill called "The Patriot Act" and override the Bill of Rights. Whoops they already did that. We must change the government and fast!
We wouldnt have to amend our constitution if illegals werent taking advantage of our legal system. Illegal immigrants come to our country just to have their children so that their children can be automatic citizens. Thats their unalienable right? What about those of us who here legally, work our whole lives and play by the rules? Or how about those who come through our immigration process legally? What about their rights? No other country in the world allows this not even Communist Russia.
I fully support this bill. It will help stop pregnant women from entering illegally for the purpose of trying to have their baby in the US.