For
the first time in 10 years, the issue of Birthright Citizenship was in
the forefront on Capitol Hill this week when the House Immigration
Subcommittee held a hearing on Wednesday. The hearing sought to
determine if Birthright Citizenship is the right policy for America, but
it focused less on the policy question, and more on whether or not it's
a Constitutional mandate via the 14th Amendment.
The first section of the 14th Amendment reads, "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."
Rep. Steve King's (R-Iowa) Birthright Citizenship bill, H.R.140,
would require at least one parent of a child born in the United States
to be a U.S. citizen or legal permanent resident for the child to be
"subject to the jurisdiction thereof" and therefore receive automatic
citizenship.
Panelist
and President of the Southern Poverty Law Center, Richard Cohen, argued
that everyone in the United States is subject to U.S. laws and
therefore "subject to the jurisdiction", but both Dr. John Eastman,
Founding Director for the Claremont Institute's Center for
Constitutional Jurisprudence, and Lino Graglia, a University of Texas
law professor, argued that the phrase would simply be redundant if it
meant all persons in the United States, so it must serve a purpose.
Dr.
Eastman made a distinction between those who are within the territorial
jurisdiction of the United States and those who owe allegiance to the
U.S.
"Think
of it this way: foreign tourists visiting the United States subject
themselves to the laws of the United States while here," Eastman wrote
in his prepared statement. "An Englishman must drive on the right side
of the road rather than the left, for example, when visiting here. But
they do not owe allegiance to the United States, they do not get to
exercise any part of the political power of the United States, and they
cannot be tried for treason if they take up arms against the United
States."
Dr.
Eastman also explained why the issue is such a hot topic in the modern
immigration debate, calling Birthright Citizenship the third largest
magnet for illegal immigration after jobs and welfare services. Center
for Immigration Studies Legal Policy Analyst, Jon Feere, backed up that
claim in his testimony.
"Every
year, 350,000 to 400,000 children are born to illegal immigrants in the
United States. To put this another way, as many as one out of 10 births
in the United States is now to an illegal immigrant mother," Feere
wrote in his prepared statement. "[U]nder [Pres. Obama's] DAPA program
(the Deferred action for Parents of Americans and Lawful Permanent
Residents program), it would provide benefits to illegal immigrants who
gave birth here and allow them to 'stay in the U.S. without fear of
deportation.'"
As Roy notes in his blog on the topic,
"H.R. 140 would put an end to babies being used as a kind of shield for
lawbreakers and would return them to just being the children of foreign
citizens who would be expected to take their full family back home with
them, just like any other civilized family would be expected to do --
and just like is expected in most countries around the world where
babies take the citizenship of their parents, not from the soil where
their mothers happened to give birth."
The
question of whether or not the policy of granting automatic citizenship
is good or not wasn't discussed extensively, but Rep. King did note
that if his legislation were passed and signed into law, he expected a
legal challenge. In defense of their positions, most panelists referred
to a Supreme Court decision or Senate transcripts from more than a
century ago, so Feere argued that Congress should act and put the issue
to the test.
"Some
Administration decided to give them a Social Security number and a
passport and no one really knows when," Feere said. "I think Congress
hasn't addressed the problem, and as a result of not addressing it,
we're relying on floor statements from 100 years ago. We're relying on a
footnote from a Supreme Court case in 1982. I think some clarification
from Congress would help a lot."
Dr. Eastman agreed that the ball is in Congress' court.
"Congress
has the power over naturalization; it's a plenary power, and that means
you get to set the policy of how large or small or how restrained or
unrestrained our immigration into this country is going to be," he said.
We continue to urge House Members to cosponsor Rep. Steve King's bill, so please check your Action Board for any actions you can take.
House Committee approves DACA amendment
On Wednesday, the House Armed Services Committee approved an amendment
to the National Defense Authorization Act of 2016 that would encourage
the Secretary of Defense to consider waiving military enlistment
requirements to allow DACA recipients to join the military. The
Democrat-led amendment had just enough Republican support to be approved
by the Committee.
Title
10 of existing federal law already provides the Secretary of Defense
with discretion when it comes to allowing illegal aliens to join the
military, so the amendment, which only expresses the sense of Congress,
was unnecessary. But by approving the amendment, Congress could affirm
Pres. Obama's 2012 unconstitutional executive amnesty. The House breaks
for a week-long recess, but we'll be working to strip the amendment out
of the final bill before it's passed by the House, so be on the lookout
early next week for action opportunities.
| Chris Chmielenski |
| Fri, May 1st |
| 
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