H.R.140 - Birthright Citizenship Act of 2011

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 (3)

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  • 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.
  • Popular: Birthright Citizenship Act of 2011 as introduced.
  • Short: Birthright Citizenship Act of 2011 as introduced.

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Displaying 1-30 of 85 total comments.

UpasakhaJason 01/07/2013 1:25pm

This legislation cannot stand up to constitutional scrutiny. In United States v Wong Kim Ark (1898), the Supreme Court ruled that a person who is born in the US of parents who, at the time of birth, were subject to foreign powers, whose parents have a permanent domicile and residence in the US, and whose parents are there carrying on business and are not employed in any diplomatic or official capacity of the foreign power to which they are subject becomes at the time of birth a US citizen by virtue of the 14th Amendment. Since this decision was never reversed, the only way to change the applicability of the citizenship clause of the 14th Amendment is by constitutional amendment. Congress does not have the authority to make this change by simply making legislative changes to immigration law, which is what the Constitutional authority statement of HR 140 asserts.

katyanneclo 08/21/2012 4:50pm
in reply to GovtISCorrupt Jul 29, 2012 8:43am

What difference does that make? The issue is their citizenship, not whether we call them “natural” citizens or not..

katyanneclo 08/21/2012 4:49pm

Another racially motivated attempt to strip legal citizens of their rights. A child born in the U.S. is a citizen of this country, PERIOD. Attempting to strip said child of his/her rights is racial profiling and nothing less. As someone else said, a non-racist in Congress should propose making this bill retroactive to 1945 and THEN see how many people support it.

katyanneclo 08/21/2012 4:42pm
in reply to Oldentimes Jun 29, 2012 11:37pm
First, a reality check: Sewer workers and construction workers are some of the best paid people around and most gardeners ARE illegal..As to zookeepers..how many of THOSE jobs are there in the U.S. Three???

Second, your logic flies in the face of what is currently happening in the U.S. 90% of our manufacturing jobs and 75% of the “service industry” has ALREADY been sent overseas. Public sector jobs are disappearing as essential services disappear and Walker and his ilk are successfully forcing union workers to take wage CUTS. If cheap “illegal” labor was not available here in the U.S. the so-called “job creators” would figure out a way to move even more jobs overseas. Then they would go to their buddies in Congress and get an exemption to the new immigration laws to allow them to import certain kinds of “essential” cheap foreign labor legally so that they could keep their already obscene profit margins intact.

GovtISCorrupt 07/29/2012 8:48am
in reply to therebeunicorns Mar 01, 2011 7:58am

That makes no sense whatsoever! So if they break the long for a LONG time, it’s OK to make their kids US Citizens? But if they’re breaking the law for only a short time, they must go? Huh??

How about rewarding LEGAL citizens and punishing CRIMINALS?? It’s a criminal act to come into this country ILLEGALLY.

GovtISCorrupt 07/29/2012 8:43am

To OpenCongress Editors – You have the summary of this bill WRONG!! Nowhere does the Constitution state that those born on US Soil are “Natural” Born Citizens. That is ONLY reserved as a requirement for the Office of the President of the United States to which our framers required that the child be born on US soil to parent(S) PLURAL whom are US Citizens. So, please remove the “natural born” comment. They may be citizens, but NOT natural born citizens.

stewey2000 07/26/2012 5:52pm

this bill presents the wrong approach to immigration, we should provide a way for immigrants to become citizens and pay their taxes instead of spending money trying to kick them out. Also crack down on employers who pay their employees below the minimum wage. If that causes prices to increase then thats just the cost of our countries integrity. we should stand proud and pay up.

Oldentimes 06/29/2012 11:37pm
in reply to sparkleyprincess13 Jan 24, 2011 6:26pm

First of all two wrongs do not make it right. It is illegal to hire illegal immigrants as well.

Oldentimes 06/29/2012 11:33pm
in reply to MatraciaP Jan 06, 2011 5:40pm

Our laws don’t split families, those who break them do!

Abenjamin 04/24/2012 2:39pm
in reply to fakk2 Jan 17, 2011 3:00pm

The illegal immigrants know it’s better to take the legal approach. Most likely they don’t have the money to do so.

Abenjamin 04/24/2012 2:36pm
in reply to Mophatt Sep 06, 2011 8:46am

It’s not equal at all. Being born in a building doesn’t mean you’re a member of the family. The United States is more than just a place where a bunch of people happen to be. The people who would lose citizenship by this bill would be BORN here. How can you refuse citizenship to someone who has been in this country from birth?

Oldentimes 03/10/2012 1:25am
in reply to TXProgressive Jan 10, 2011 5:50am

Clarifying it would……….

MoneyOwnsPolitics 02/26/2012 3:30pm

I really don’t understand why these American groups

Arab American Institute
Asian American Justice Center
America’s Voice
American Immigration Lawyers Association
American Civil Liberties Union

are opposing this bill.

I can see nothing that undermines what these groups are doing more then to allow U.S. Babies to be born to illegals.

That’s not immigration.

MoneyOwnsPolitics 02/26/2012 3:26pm

I just don’t understand how anyone could think that it’s right for two illegal alien parents to give birth to a legal U.S. citizen.

This goes against all logic.

We have headlines like “Wife of Mexico’s most wanted drug lord crosses border to give birth to twins in California”

U.S. Babies born to illegal parents are a huge financial burden to us. But that point is negated because they want to be here apparently.

People have such a feeling of entitlement, Why? Yes I was lucky enough to be part of a long linage of U.S. citizens. But I don’t understand the thought that if I wasn’t that I some how deserve all that that country has to offer because I want it.

Then once I enter said county illegally I then feel entitled to all of its programs and services. Then I expect that my child be considered legal when born.

Oldentimes 01/16/2012 7:43pm
in reply to MatraciaP Jan 06, 2011 5:40pm

I guarantee you, if the U.S. deported all the illegals they caught, secured the border and eventually there were no more, you can bet your bottom dollar companies who exploit these people would find other ways to fill those positions. Such as lobbing congress for tax incentives to employ school kids, older people and the like. Rather than Uncle Sam sending out so many unemployment checks, give incentives to companies who push to and hire the unemployed. You can bet fast food, packing companies and produce growers can be very inventive if they had to.
It would be a win win for all, even the illegal, they then can go home and make their country better. We could employ many more citizens and save us a boat load of money.

This bill would not split families. It would keep more of them together as they could all be deported at the same time and thus stay together in their own country as they would have been in the first place.
Our laws don’t split families, those who break them do!

Spam Comment

Oldentimes 12/01/2011 10:31pm

@MatraciaP….How many able citizens in the US would work if you slowly removed their unemployment and/or subsidies or do you think we should keep funding them for the rest of their lives? Inner-city unemployment rates are 28% and many are lifelong govn’t dependants, Mexico’s 2011 unemployment rate is only 4.8% and the Mexican govn’t actually prints a pamphlet that instructs migrants how to safely enter the United States illegally and live there without being detected. Illegal Aliens Got $4.2 Billion in Refundable Tax Credits Just Last Year not counting all the food stamp, medical, housing etc., much of it because of their citizen children. We all want a better life, especially if someone else pays for it. The need to stop encouraging the pilfering of our country and importing poverty will give us the ability to give aide to those who truly are in need. Ending automatic Birthright Citizenship is a very good start ending the prized incentive.

Oldentimes 12/01/2011 10:29pm

@MatraciaP….How many people in the world want better lives that are forced to “wait their turn”? Shall we send boats to bring the famine in from Somalia, what about all the illegally traded humans who are exploited from Romania, Czech Rep, Kosovo etc. that truly need a better life? They don’t have the money or convenience to sneak in? The list of those who really need a better life is extensive and somehow your Social Sympathy is a little warped. These people who can’t sneak in have and will make every effort to prevail from oppression because you don’t see them.

Mophatt 09/06/2011 8:48am
in reply to jarevalo May 02, 2011 6:20pm

COME HERE LEGALLY!!! You won’t get sent back. I am going to break into your house and benifit from your hard work because my life sucks! you would like that. You would have me arrested and tell me to get a job. Why is it different when we are talking about the nation and not your “personal” property?

Mophatt 09/06/2011 8:46am
in reply to zappy Jun 17, 2011 7:58pm

How is this not equal? It is the same thing on a personal scale. The illegals come in, illeagally, and have children that are being protected because they are “citizens”. Not right.

cjht 07/15/2011 3:06am

I attended a town hall meeting in Los Angeles County more than 15 years ago. At that meeting our Congressman told us that approximately 83% of all children born at the Los Angeles County Hospital were born to illegal immigrants. Does anyone know what the current statistics are? Does anyone have valid current statistics from any of their County Hospitals?

FLASH1776 07/13/2011 1:23pm

I agree and support this measure (Bill). Simply put,long over due! It’s whole hearted common sense. How can this United States continue to fund immigrants, illegal and legal when millions of Americans are out of work and still impoverished in the USA. Economic, social, physical and language barriers are put it place to allow immigrants to over come and assimulate to the country of migration yet, the United States have put inot place allowances to circumvent these barriers and actual made this country a home away from their counrty of origin. And, we all know that these immigrants refuse to go back but place a prime emphasis on procreating and keeping the door open for more and more of their relatives to corss our borders illegally. The porous border allowed the inflitration of the 911 suspects as well as a certain criminal element from the south and other parts of the world. It’s been easy access into this country. Crime and population have forced the hand of job creation and welfare.

zappy 06/17/2011 7:58pm
in reply to Mophatt Jan 31, 2011 5:37am

Your metaphor is a non-equivalency.

EricJorgensen 06/17/2011 5:28pm

This Bill is most appropriate as it removes from current ambiguity who particularly is “subject to the jurisdiction thereof” (The United States) in order to confirm citizenship upon the those born within The United States.

At the time of the crafting of the Fourteenth Amendment to our National Constitution the Honorable Jacob Howard, Democrat, Michigan, of the Senate who introduced this bill, followed it through committee and the House of Representatives affirmed that all knew “This will not, of course, include persons born in the United States who are foreigners, aliens, belong to the families of embassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.” This is sited in the official record of the congressional globe, Senate, 39th Congress, 1st session, page 2987.

However, I would rather this bill be introduced as a constitutional amendment since the original intent of our fathers was exactly this.

ARalyn 06/16/2011 10:52pm

I might be completely off base here. But when bills get taken to the Supreme Court doesn’t the Supreme Court look at the intent behind the Constitution? They don’t just read the words at face value they interpret based upon other facts and papers written by our founding fathers?

If that is true then this bill could be passed and even if it was challenged in court the Supreme Court could rule that the intent of the 14th amendment was not to expand citizenship as it is now doing.

SusanBS 05/23/2011 10:12am
in reply to jarevalo May 02, 2011 6:20pm

The choices I make affect my family. I am responsible for how my actions affect my children. If I make good choices but try to carry them out illegally, my children will suffer. As a citizen I am held accountable and no one is going to look the other way if I don’t follow the law. Why should I look the other way for illegal parents whose choices to enter our country by breaking the rules comes back to bite their children?

I look at some of the immigrants households in my area – within the same household some adults are legal and others are not? Why? How can some follow the process with no problem and others not? Could it be there is some reason those in the household that are illegal would not pass our requirements?

jarevalo 05/02/2011 6:20pm
in reply to Mophatt Feb 02, 2011 2:47am

First of all, it should be you who gets send back to europe because you do nothing, you only sit around while illegal immigrants do your dirty jobs!
Second of all, if this bill gets passed families will get separated and children may get separated from their parents
And third of all, you should really think this over, imagine that you are an illegal immigrant and you came here for a better life, and all of a sudden they kick you OUT, LOWLIFE!!!

SusanBS 03/30/2011 4:53pm
in reply to therebeunicorns Mar 01, 2011 7:58am

I know many that are here legally and many that have become proud citizens. And I am proud to call them my friends. They all found their way here legally and wouldn’t have done it any other way.

SusanBS 03/30/2011 4:43pm
in reply to SusanBS Mar 30, 2011 4:41pm

What’s worse is working with illegal’s as they laugh about how they need a vacation “home” and how our government is going to provide their transportation. It is just unbelievable how they laugh at us and what they expect as their right. They even sarcasticly joke about how amnesty is going to mess them up because the government is going to want their money. And then turn right around and refute themselves saying but they know how to work it out so they get a government bonus.

This is reality in my world. We have immigration laws and citizenship requirements for a reason fellow American’s – wise up. My family supports the government by paying our taxes for all the right reasons. We are the contributors – not takers. We work for ourselves and contribute to society and are held accountable. And why should I not expect the same of everyone here?

SusanBS 03/30/2011 4:41pm

Everyone is always referring to illegal immigrants working low wage jobs that Americans do not want. I am here to tell you this is not true. My blue collar husband (industrial) & sons (residential constr) encounter them daily – by the van loads. Residential construction subcontractors are the worst, taking advantage of the savings they can by hiring illegal’s. The employers AND the illegal’s are guilty – there are so many simple loopholes they both come out on top while my family watches their jobs and wages diminish. Be a whistle blower and you’re really out of a job – present and future. Illegals are not paying taxes – they have NO deductions of any kind, of course they can work for less.


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