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Birthright Citizenship

 

The United States and Canada are the only developed nations that grant automatic U.S. citizenship to almost all children born in the United States, regardless of whether the parents are U.S. citizens, legal residents, temporary visitors, or illegal aliens in the United States. Here is a complete list of countries.Eight percent of all U.S. births (350,000/year) come from at least one illegal-alien parent, according to the Pew Hispanic Center.

  • Automatic citizenship is granted according to federal statute, not the 14th Amendment. Critics argue that this could be changed by revoking the statute.  Others say it would require a constitutional amendment because they believe the 14th Amendment requires birthright citizenship.
  • However, nobody can say what the 14th Amendment means until the Supreme Court interprets it.  The court has not done that.  The language in the amendment does not refer at all to foreign born people, so we have to have a court ruling.
  • The Birthright Citizenship Act, H.R. 140, would amend the Immigration and Nationality Act - not the constitution - to consider a person born in the United States "subject to the jurisdiction" of the United States for citizenship at birth purposes if the person is born in the United States of parents, one of whom is: (1) a U.S. citizen or national; (2) a lawful permanent resident alien whose residence is in the United States; or (3) an alien performing active service in the U.S. Armed Forces.

There were an estimated 4 million U.S.-born children of illegal aliens in the U.S. in 2008 (Jeffrey S. Passel, D'Vera Cohn, "A Portrait of Unauthorized Immigrants in the United States,"Pew Hispanic Center,  April 14, 2009.

Fourteenth Amendment Debate

Constitution of the United States
Birthright citizenship is based on an interpretation of the Fourteenth Amendment to the U.S. Constitution, which was originally enacted to ensure civil rights for the newly freed slaves after the Civil War.

Birth Tourism

Passport
The U.S.-born children of illegal aliens not only represent additional U.S. population growth, but are eligible to sponsor extended family members into the country legally once they turn 21. In fact, an entire industry has built up around the U.S. system of birthright citizenship.

Born in the U.S.A.: Does that guarantee citizenship?

U.S. Constitution
By John C. Eastman (Originally published in the Des Moines Register, September 16, 2007)

Arguments Against Birthright Citizenship

In the Spring of 1999, Charles Wood wrote "Losing Control of America's Future -- the Census, Birthright Citizenship, and Illegal Aliens," published by the Harvard Journal of Law and Public Policy.

Nations Granting Birthright Citizenship

Birthright Citizenship Map
Birthright Citizenship is the automatic granting of citizenship to children born within a nation's borders or territories. The United States and Canada are the only developed nations in the world to still offer Birthright Citizenship to tourists and illegal aliens. 8 U.S.C.

Anchor Babies

The children born in the United States to illegal alien mothers are often referred to as "anchor babies."

In the News

L.A. County welfare to children of illegal immigrants grows

In the News - Sunday, September 5, 2010

Welfare payments to children of illegal immigrants in Los Angeles County increased in July to $52 million, prompting renewed calls from one county supervisor to rein in public benefits to such families.

The payments, made to illegal immigrants for their U.S. citizen children, included $30 million in food stamps and $22 million from the CalWorks welfare program, according to county figures released Friday by Supervisor Michael D. Antonovich.

By Teresa Watanabe -- Los Angeles Times

http://www.latimes.com/news/local/la-me-illegal-welfare-20100906,0,3446997.story

An argument to be made about immigrant babies and citizenship

In the News - Monday, April 5, 2010

A simple reform would drain some scalding steam from immigration arguments that may soon again be at a roiling boil. It would bring the interpretation of the 14th Amendment into conformity with what the authors of its text intended, and with common sense, thereby removing an incentive for illegal immigration.

To end the practice of "birthright citizenship," all that is required is to correct the misinterpretation of that amendment's first sentence: "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." From these words has flowed the practice of conferring citizenship on children born here to illegal immigrants.

By George Will -- Washington Post

http://www.washingtonpost.com/wp-dyn/content/article/2010/03/26/AR2010032603077.html

Growth of Hispanic, Asian Population Slows Unexpectedly, Census Reports

In the News - Thursday, May 14, 2009

"Deterred by immigration laws and the lackluster economy, the population growth of Hispanics and Asians in the United States has slowed unexpectedly, causing the government to push back estimates on when minorities will become the majority by as much as a decade.

Census data being released today also showed that fewer Hispanics are migrating to suburbs and newly emerging immigrant areas in the Southeast, including Arkansas, Tennessee and Georgia. Instead, Hispanics are staying in traditional gateway locations such as California...."

Hope Yen, AP, 14 May 2009

http://www.washingtonpost.com/wp-dyn/content/article/2009/05/13/AR2009051303821.html?hpid=moreheadlines

Sheriffs: Are you in school legally?

In the News - Tuesday, April 28, 2009

"Some border county sheriffs want Arizona schools to start asking students whether they're in this country legally.

Pima County Sheriff Clarence Dupnik originated the idea and said millions of dollars in Arizona taxes go to teach English to children who have no legal right to be here. He also said there's a link involving illegal immigration, social problems and gangs.

Only thing is, a 1982 U.S. Supreme Court decision appears to make it illegal for school officials to ask. In a 5-4 decision, the justices overturned a Texas law that authorized school districts to refuse to enroll anyone who couldn't prove legal residence.""

Howard Fischer, Capitol Media Services, 28 April 2009

http://www.azstarnet.com/metro/290558

Md. schools forbid illegals head count

In the News - Wednesday, March 25, 2009

"The Maryland State Board of Education on Tuesday said Frederick County officials are prohibited by federal law from seeking a count of how many illegal immigrants are in the county school system....

"What the Supreme Court says is that you cannot deny the public education. The same Supreme Court decision doesn't talk about [the Board of Education's] ability to provide information," Mr. Jenkins said.

Mr. Jenkins said that if the number of illegal immigrants in the school system were known, taxpayers would know more about where their money is going. He also said that if the head count were taken, the county could ask the federal government to help fund the education of those without legal status"

Mark Chenoweth, Washington Times, March 25, 2009

http://www.washingtontimes.com/news/2009/mar/25/maryland-wont-allow-counting-of-illegals/

State GOP: No automatic citizenship for kids born in U.S. to illegal immigrants

In the News - Sunday, June 1, 2008

"The state Republican Party adopted a platform Saturday that includes a provision aimed at opposing automatic citizenship for babies born in the U.S. to illegal immigrants...."

Andrew Garber, Seattle Times, 1 June 2008

http://seattletimes.nwsource.com/html/politics/2004450665_gop01m.html?syndication=rss