Jeanfromfillmore
05-31-2010, 11:06 AM
Bill would end birthright citizenship for children of illegal immigrants
WASHINGTON - As the national immigration debate rages on, one Southern California congressman is challenging the basic notion that anyone born in the United States should be granted citizenship.
Rep. Gary Miller, R-Diamond Bar, is pushing legislation that would end birthright citizenship for children born to illegal immigrants.
Miller also is taking aim at the so-called "birth tourism" industry, which arranges the travel and hospitalization of non-Americans who wish to have their babies on U.S. soil for the purpose of acquiring citizenship for them.
"Once that happens, they're anchored to this country," Miller said. "Easy access to free U.S. education, and now they're going to be entitled to free government-run health care -- and an ability to legalize their entire family once they become of age."
The latter perk, allowing native-born children, once they reach 21, to petition the government for citizenship or legal resident status for their undocumented relatives, serves as incentive for people to come into the country illegally and give birth, Miller said.
By taking away citizenship for children of the undocumented, as other nations have done, the legislation would take away a prime motivator for illegal immigration, he said.
Miller acknowledged that the legislation is unlikely to move forward as long as Democrats control Congress. But he said the question of birthright citizenship must be included in the national debate, which was re-ignited in recent weeks with Arizona's passage of its anti-illegal-immigration law.
Miller's bill has sparked immediate criticism from opponents of the measure.
"It would change one of the most basic principles that our nation was founded on -- if you're born in the United States, you're an American," said Rep. Joe Baca, D-Rialto.
ConstitutionAL ISSUES
Each year, an estimated 300,000 to 400,000 babies are born in the United States to mothers who are not in the country legally, according to the Center for Immigration Studies, a nonprofit group that advocates for stricter immigration controls.
Current law recognizing those children as American citizens stems from the 14th Amendment to the U.S. Constitution, which states, "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."
Thus Baca and others contend the legislation would require a change in the Constitution, which can only take place through a combination of congressional action and ratification by three quarters of the states.
But Miller argued that his legislation would not require a change to the Constitution. He pointed to a different section of the amendment that says, "Congress shall have power to enforce, by appropriate legislation, the provisions of this article."
Further, Miller noted that the amendment was intended to ensure citizenship for freed slaves and was not meant to address immigration control.
More than a century later, the influx of illegal immigrants having children in the United States is cause to reconsider the law, he said.
Many undocumented immigrants have discovered they can pave the way for entire families to legally relocate to the United States by having just one "anchor baby," Miller said.
The Center for Immigration Studies estimates that some 750,000 immigrants become citizens annually through such petitions, a phenomenon known as chain migration.
But opponents of Miller's bill, including the pro-Hispanic National Council of La Raza, note that it takes decades for someone to become a legal resident through that practice, since the children of illegal aliens couldn't even begin the yearslong petitioning process until they turn 21.
Miller's bill would lead to an entire class of American-born people who would be citizens of nowhere, council spokeswoman Lisa Navarrete said.
"They're born here. They're raised here. They're for all intents and purposes Americans -- and yet we want to put them in the position of having no country whatsoever?" Navarrete questioned. "That's not in the best interest of the United States, and not in the best interest of those children."
Miller countered that counting the children of undocumented immigrants as Americans also puts the federal government in a difficult position, especially when officials are considering deporting their parents.
Beyond cracking down on illegal immigration, Miller's legislation seeks to close a legal loophole that has given way to what he and others describe as the birth-tourism industry.
'Birth Tourists'
Hospitals and hotels around the country offer packages costing upwards of $5,000 that involve travel to the United States for the purpose of giving birth here, said Jon Feere, a legal policy analyst at the Center for Immigration Studies who is preparing to issue a report detailing the industry.
In Turkey, Korea and Mexico, people have learned that they can plan their travel to coincide with births and get American citizenship for their babies, Feere said.
"Birth tourism is certainly one of the results of our birthright citizenship policy," he said.
Most other countries don't have absolute birthright citizenship allowances.
Several, including Ireland, India, Australia and the United Kingdom, have passed legislation ceasing birthright citizenship, he said.
Miller's proposal is the latest in a string of bills in the past decade that have sought to change federal law surrounding birthright citizenship.
The current Birthright Citizenship Act was actually penned last year by then-Rep. Nathan Deal, R-Ga. Deal later left Congress to run for governor and Miller took up the mantle as chief crusader against guaranteed birthright citizenship.
Miller, who is running for re-election and must fend off other Republicans to win his party's nomination, conceded that his bill would likely face legal and constitutional challenges if it ever passes.
"We have to keep the debate before the American people," Miller said. "Eventually, I think we win on this."
Reach Ben Goad at 202-661-8422 or bgoad@PE.com
http://www.pe.com/localnews/inland/stories/PE_News_Local_D_citizen31.1f87442.html
WASHINGTON - As the national immigration debate rages on, one Southern California congressman is challenging the basic notion that anyone born in the United States should be granted citizenship.
Rep. Gary Miller, R-Diamond Bar, is pushing legislation that would end birthright citizenship for children born to illegal immigrants.
Miller also is taking aim at the so-called "birth tourism" industry, which arranges the travel and hospitalization of non-Americans who wish to have their babies on U.S. soil for the purpose of acquiring citizenship for them.
"Once that happens, they're anchored to this country," Miller said. "Easy access to free U.S. education, and now they're going to be entitled to free government-run health care -- and an ability to legalize their entire family once they become of age."
The latter perk, allowing native-born children, once they reach 21, to petition the government for citizenship or legal resident status for their undocumented relatives, serves as incentive for people to come into the country illegally and give birth, Miller said.
By taking away citizenship for children of the undocumented, as other nations have done, the legislation would take away a prime motivator for illegal immigration, he said.
Miller acknowledged that the legislation is unlikely to move forward as long as Democrats control Congress. But he said the question of birthright citizenship must be included in the national debate, which was re-ignited in recent weeks with Arizona's passage of its anti-illegal-immigration law.
Miller's bill has sparked immediate criticism from opponents of the measure.
"It would change one of the most basic principles that our nation was founded on -- if you're born in the United States, you're an American," said Rep. Joe Baca, D-Rialto.
ConstitutionAL ISSUES
Each year, an estimated 300,000 to 400,000 babies are born in the United States to mothers who are not in the country legally, according to the Center for Immigration Studies, a nonprofit group that advocates for stricter immigration controls.
Current law recognizing those children as American citizens stems from the 14th Amendment to the U.S. Constitution, which states, "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."
Thus Baca and others contend the legislation would require a change in the Constitution, which can only take place through a combination of congressional action and ratification by three quarters of the states.
But Miller argued that his legislation would not require a change to the Constitution. He pointed to a different section of the amendment that says, "Congress shall have power to enforce, by appropriate legislation, the provisions of this article."
Further, Miller noted that the amendment was intended to ensure citizenship for freed slaves and was not meant to address immigration control.
More than a century later, the influx of illegal immigrants having children in the United States is cause to reconsider the law, he said.
Many undocumented immigrants have discovered they can pave the way for entire families to legally relocate to the United States by having just one "anchor baby," Miller said.
The Center for Immigration Studies estimates that some 750,000 immigrants become citizens annually through such petitions, a phenomenon known as chain migration.
But opponents of Miller's bill, including the pro-Hispanic National Council of La Raza, note that it takes decades for someone to become a legal resident through that practice, since the children of illegal aliens couldn't even begin the yearslong petitioning process until they turn 21.
Miller's bill would lead to an entire class of American-born people who would be citizens of nowhere, council spokeswoman Lisa Navarrete said.
"They're born here. They're raised here. They're for all intents and purposes Americans -- and yet we want to put them in the position of having no country whatsoever?" Navarrete questioned. "That's not in the best interest of the United States, and not in the best interest of those children."
Miller countered that counting the children of undocumented immigrants as Americans also puts the federal government in a difficult position, especially when officials are considering deporting their parents.
Beyond cracking down on illegal immigration, Miller's legislation seeks to close a legal loophole that has given way to what he and others describe as the birth-tourism industry.
'Birth Tourists'
Hospitals and hotels around the country offer packages costing upwards of $5,000 that involve travel to the United States for the purpose of giving birth here, said Jon Feere, a legal policy analyst at the Center for Immigration Studies who is preparing to issue a report detailing the industry.
In Turkey, Korea and Mexico, people have learned that they can plan their travel to coincide with births and get American citizenship for their babies, Feere said.
"Birth tourism is certainly one of the results of our birthright citizenship policy," he said.
Most other countries don't have absolute birthright citizenship allowances.
Several, including Ireland, India, Australia and the United Kingdom, have passed legislation ceasing birthright citizenship, he said.
Miller's proposal is the latest in a string of bills in the past decade that have sought to change federal law surrounding birthright citizenship.
The current Birthright Citizenship Act was actually penned last year by then-Rep. Nathan Deal, R-Ga. Deal later left Congress to run for governor and Miller took up the mantle as chief crusader against guaranteed birthright citizenship.
Miller, who is running for re-election and must fend off other Republicans to win his party's nomination, conceded that his bill would likely face legal and constitutional challenges if it ever passes.
"We have to keep the debate before the American people," Miller said. "Eventually, I think we win on this."
Reach Ben Goad at 202-661-8422 or bgoad@PE.com
http://www.pe.com/localnews/inland/stories/PE_News_Local_D_citizen31.1f87442.html