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H.R.1868 Birthright Citizenship Act of 2009, 111th Congress

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Official Bill Info

  • Latest Action: May 26, 2009 Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.

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    I know the most recent action for this bill is as follows: "Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law." on May 26, 2009
  • Committee Assignment: House Committee on the Judiciary - Immigration and Border Security

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    This bill has been assigned to the House Committee on the Judiciary - Immigration and Border Security committee.
  • Committee Assignment: House Committee on the Judiciary

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    This bill has been assigned to the House Committee on the Judiciary committee.

Bill Statistics on OpenCongress

  • 71% of users support H.R.1868

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    71% of users on OpenCongress.org, a free, non-partisan resource, support H.R.1868.
  • H.R.1868 has been viewed 78,243 times

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    H.R.1868 has been viewed 78,243 times on OpenCongress.org, a free, non-partisan resource.
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    OpenCongress Bill Summary

    • This bill would eliminate birthright citizenship for children born to undocumented immigrants in the U.S. Current U.S. law automatically recognizes any person born on American soil as a natural born citizen. Under the bill, only children with at least one parent who is a U.S. citizen, a legal permanent resident, or an undocumented immigrant serving in the military would be considered citizens.

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      Here's a summary from OpenCongress.org: This bill would eliminate birthright citizenship for children born to undocumented immigrants in the U.S. Current U.S. law automatically recognizes any person born on American soil as a natural born citizen. Under the bill, only children with at least one parent who is a U.S. citizen, a legal permanent resident, or an undocumented immigrant serving in the military would be considered citizens.

    Most-commented sections of the bill text

    • (4 comments, Link )

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      specifically, this section of the legislation: "",
    • (2 comments, Link )

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      specifically, this section of the legislation: "",

    Highest Rated User Comments

    • On July 28, 2009, by raysmock - "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.

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      As noted by raysmock, a user on OpenCongress.org, on July 28, 2009, ""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."
    • On July 28, 2009, by dcornwall - 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.

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      As noted by dcornwall, a user on OpenCongress.org, on July 28, 2009, "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. "
    • On May 29, 2009, by donnyshaw - 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

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      As noted by donnyshaw, a user on OpenCongress.org, on May 29, 2009, "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"

    Highly Rated Blog Articles

    • PBS 'Need To Know' Documentary Tackles Border Patrol Abuse - July 24, 2012 by The Huffington Post News Editors - Nathan Deal (R-GA) <a href="http://www.huffingtonpost.com/2009/05/26/nathan-deal-georgia-lawma_n_207485.html " target="_hplink">introduced</a> a similar <a href="http://www.opencongress.org/bill/111-h1868/show"

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      As noted by The Huffington Post News Editors on July 24, 2012, "Nathan Deal (R-GA) &lt;a href=&quot;http://www.huffingtonpost.com/2009/05/26/nathan-deal-georgia-lawma_n_207485.html &quot; target=&quot;_hplink&quot;&gt;introduced&lt;/a&gt; a similar &lt;a href=&quot;http://www.opencongress.org/bill/111-h1868/show&quot; " (/url?q=http://www.huffingtonpost.com/2012/07/23/pbs-need-to-know-border-patrol-abuse_n_1694746.html&sa=U&ei=2YURULzKGeSK7AG4m4HQCQ&ved=0CCIQmAEwAQ&usg=AFQjCNFvXXfE14kQqRsvuXfnI82VggrQgQ)
    • PBS 'Need To Know' Documentary Tackles Border Patrol Abuse - July 23, 2012 by The Huffington Post News Editors - Nathan Deal (R-GA) <a href="http://www.huffingtonpost.com/2009/05/26/nathan-deal-georgia-lawma_n_207485.html " target="_hplink">introduced</a> a similar <a href="http://www.opencongress.org/bill/111-h1868/show"

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      As noted by The Huffington Post News Editors on July 23, 2012, "Nathan Deal (R-GA) &lt;a href=&quot;http://www.huffingtonpost.com/2009/05/26/nathan-deal-georgia-lawma_n_207485.html &quot; target=&quot;_hplink&quot;&gt;introduced&lt;/a&gt; a similar &lt;a href=&quot;http://www.opencongress.org/bill/111-h1868/show&quot; " (/url?q=http://www.huffingtonpost.com/2012/07/23/pbs-need-to-know-border-patrol-abuse_n_1694746.html&sa=U&ei=YyIYUICmCZS-9gSL-oDIBw&ved=0CCIQmAEwAQ&usg=AFQjCNFOXcyytzWmqfJBkdjR7im6hLbtzw)
    • More Immigration Attorneys Turn To Online Petitions - July 18, 2012 by The Huffington Post News Editors - Nathan Deal (R-GA) <a href="http://www.huffingtonpost.com/2009/05/26/nathan-deal-georgia-lawma_n_207485.html " target="_hplink">introduced</a> a similar <a href="http://www.opencongress.org/bill/111-h1868/show"

      Clicking this will add the following text:

      As noted by The Huffington Post News Editors on July 18, 2012, "Nathan Deal (R-GA) &lt;a href=&quot;http://www.huffingtonpost.com/2009/05/26/nathan-deal-georgia-lawma_n_207485.html &quot; target=&quot;_hplink&quot;&gt;introduced&lt;/a&gt; a similar &lt;a href=&quot;http://www.opencongress.org/bill/111-h1868/show&quot; " (/url?q=http://www.huffingtonpost.com/2012/07/18/immigration-attorney-online-petition_n_1680604.html&sa=U&ei=YyIYUICmCZS-9gSL-oDIBw&ved=0CCwQmAEwAw&usg=AFQjCNGvPeeQtXaTcnelgVBMZSyOHnUG8Q)

    Highly Rated News Articles

    • - August 11, 2010 by Marketplace (blog) - Australia's birthright citizenship requirements are much more stringent than those of HR 1868 and took effect in 2007.New Zealand repealed in 2006. ...

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      As noted by Marketplace (blog) on August 11, 2010, " Australia&#39;s birthright citizenship requirements are much more stringent than those of HR 1868 and took effect in 2007.New Zealand repealed in 2006. ... " (http://marketplace.publicradio.org/display/web/2010/08/12/pm-impact-of-illegal-immigrant-births/)
    • - August 09, 2010 by Abilene Reporter-News - “I believe our efforts would be better served by focusing on legislation such as HR 1868 and other measures aimed at securing the border, correcting our ...

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      As noted by Abilene Reporter-News on August 09, 2010, " “I believe our efforts would be better served by focusing on legislation such as HR 1868 and other measures aimed at securing the border, correcting our ... " (http://www.guardian.co.uk/commentisfree/cifamerica/2010/aug/09/14th-amendment-illegal-immigrants-republicans)
    • Marco Rubio announces his opposition to changing the 14th Amendment - August 09, 2010 by The Florida Independent (blog) - Australia's birthright citizenship requirements are much more stringent than those of HR 1868 and took effect in 2007.New Zealand repealed in 2006. ...

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      As noted by The Florida Independent (blog) on August 09, 2010, " Australia&#39;s birthright citizenship requirements are much more stringent than those of HR 1868 and took effect in 2007.New Zealand repealed in 2006. ... " (http://floridaindependent.com/5684/marco-rubio-announces-his-opposition-to-changing-the-14th-amendment)
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