Birthright Citizenship
Ending Birthright Citizenship Won’t Solve Our Immigration Problems
originally posted by Michele Waslin for Immigration Impact [click here]
Jun 15th
The people who brought you SB1070 in Arizona are now preparing to challenge one of the fundamental principles of the U.S. Constitution—birthright citizenship. Birthright citizenship, or the principle of jus soli, means that any person born within the territory of the U.S is a citizen, regardless of the citizenship of one’s parents. This principle was established well before the U.S. Constitution, and was enshrined in the Fourteenth Amendment. It was necessary to include the citizenship clause in the Fourteenth Amendment because the Supreme Court’s Dred Scott decision of 1857 had denied citizenship to the children of slaves. Following the Civil War, the Fourteenth Amendment righted that injustice and became the foundation for civil rights law, equal protection, and due process in the United States.
Now immigration restrictionists want to turn back the clock and implement Dred Scott II by denying birthright citizenship to the U.S.-born children of immigrants who are here illegally—or even on temporary visas.
Children have become the newest targets of anti-immigrant ire. Arizona Governor Jan Brewer stated that unauthorized immigrant parents should take their U.S. citizen children back home with them. Representative Duncan Hunter (R-CA) recently made similar remarks.
There have been birthright citizenship bills introduced in Congress for many years now. However, the new restrictionist strategy is state-led; by introducing and passing birthright citizenship laws in the states, they hope to initiate a national debate and put pressure on Congress to pass its own law and the Supreme Court to overturn years of legal precedent.
In other words, some immigration restrictionists appear poised to spark ugly immigration debates in state legislatures, distracting them from other pressing economic and social concerns. They are willing to bankrupt state coffers with costly implementation and litigation. They seek to challenge fundamental principles of the U.S. Constitution and decades of legal precedent and deny birthright citizenship for the first and only time since Dred Scott. Perhaps they should also propose counting immigrants as 3/5 of a person. (Come to think of it, restrictionists want to exclude undocumented immigrants from the U.S. Census, thereby not counting them at all.)
The Immigration Policy Center recently released a fact sheet which provides basic information about birthright citizenship and the legal and moral challenges eliminating it would entail. Far from affecting only illegal immigrants, birthright citizenship impacts everyone. If simply being born in the U.S. and having a U.S. birth certificate were not proof of citizenship, Americans would have to navigate complex laws to prove their citizenship. Other than a birth certificate, most Americans do not have government documents that establish U.S. citizenship.
The bottom line is that eliminating birthright citizenship would be unconstitutional, impractical, and expensive; it would constitute an assault on the civil rights of all Americans. And it would do absolutely nothing to resolve the very real problems with the immigration system – in fact, this debate only distracts us from real solutions.
Photo by Rosie O’Beirne.
Cross-post: Republican Bill Seeks to Deprive American-Born of Citizenship
originally posted by Imagine 2050 Editors for IMAGINE 2050 » American Identity [click here]
Feb 20th
Alex DiBranco highlights an ongoing threat, not just to the children of immigrants, but to any American whose ability to prove birthright is compromised.
A proposed bill sponsored by Rep. Gary Miller (R-CA) wants people born in the U.S.A. to no longer receive automatic birthright citizenship.
The 14th Amendment, definitely one of the more awesome amendments in that it determined people born in the U.S. are all citizens, not slaves, 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.” Miller wants a federal law that says that “subject to the jurisdiction thereof” bit excludes children born in the U.S. to two undocumented parents.
And what is that jurisdiction bit actually used for? The only babies born in the U.S. who are not automatic citizens are the children of diplomats. Diplomatic immunity means that they are, in fact, not subject to the jurisdiction of U.S. laws, and cannot be prosecuted under our legal system. Undocumented immigrants, however, are in violation of a civil law, and most definitely subject to the jurisdiction of the United States — they can be prosecuted, sentenced, and imprisoned if they commit a crime. The children of undocumented immigrants certainly don’t have immunity from U.S. law either (I assume Miller is not saying that they should?); they are subject to the same laws as every other resident of the United States.
Read the entire article here.
Make Justice Happen in 2010
originally posted by Jill Garvey for IMAGINE 2050 » Immigration [click here]
Jan 5th
2010 could be the year that our generation achieves its greatest civil rights victories. As with all things, the possibility of great success comes with the potential for crushing failure. Every activist, social worker, educator, and organizer will have to be at the top of their game to make this year historical and set the pace for years to come. Here are five things to strive for in 2010:
First, pass immigration reform. Pulling millions of residents out of the shadows will do wonders for our nation. It is imperative that we seize on the opportunity to push for reform that legalizes as many immigrants as possible. The societal problems that stem from a broken immigration system will fester and worsen if we don’t leverage everything we got in favor of a path to citizenship. Some say it’s complex, I say it’s just common sense; stop using taxpayer money to hunt, detain, and deport otherwise law-abiding residents. We’ve got better things to do with our hard-earned money than to terrorize our neighbors. Demand reform and advocate for spending resources to help Americans weather the economic storm.
Second, support immigration reform by supporting health care reform. It ain’t pretty, but the two go hand-in-hand. And frankly, this is exactly what we voted for. So all the “I heart Obama” liberals that crawled into the closet on January 21st (you know who you are), you need to pull your butts out of neutral and get back in the game. Your responsibility as a voter didn’t end at the ballot box.
Third, protect the 14th Amendment. The 14th Amendment defines American liberty by protecting birthright citizenship and upholding equal voting rights. Therefore, it has stood as the cornerstone of equality, and also as a target for those who wish to deny opportunity to all. Those who oppose it are treading on decades of brave civil rights gains. Keeping the 14th amendment intact may be the greatest gift we can provide future generations. With almost 9% of adult African Americans having no way to prove their citizenship, the destruction of the 14th Amendment in an unacceptable blow to Black Americans and native-born children of immigrants alike.
Fourth, confront racism head on. Like deadly bacteria, bigotry grows wherever it goes unchallenged. Hate crimes and organized racism are on the rise just as communities of color are facing some the worst institutional racism and economic challenges in our nation’s history. It is a recipe for disaster. The hateful become more bold as the oppressed become more desperate. It’s scary stuff, but we cannot be afraid to call out racism when we see it. 2009 found racism hiding in the halls of Harvard, the recovery of a great city, and in the hearts of killers. 2010 could be the year that no children die at the hands of hate.
Fifth, promote a person’s right to individual freedom. Over the last few years, America has been all over the map when it comes women’s and LGBTQ rights. Same-sex marriage was banned in California but legalized in Iowa. President Obama reneged on his promises to the gay community, but defied conventional political savvy to appoint a transgender woman to the Commerce Department. A Latina woman, Sonia Sotomayor, was elected to the Supreme Court just as a doctor was gunned down for performing abortions. What the heck is going on? Grown men and women should be able to marry whomever they choose. Women have the right to choose an abortion, and doctors have the right to live to perform them. Period.
After a tragic decade, America is due for a progressive makeover. And now that we’ve established that progress doesn’t magically materialize out of a broken Republican party or a bloated Democratic one, we can get down to the business of real change. Not just change we can believe in, change we can grab onto and ride into the sunset. I’m ready for it, are you?