Republican Bill Seeks to Deprive American-Born of Citizenship

by Alex DiBranco · 2010-02-19 04:02:00 +1100
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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. [Update: children born to prisoners of war, who hold special privileges and thus, like diplomats are also outside the jurisdiction of general U.S. law, also do not receive citizenship. Luckily, the U.S. doesn't keep a bunch of pregnant women prisoners of war around these days.]

This proposal looks more like an attempt at stirring the pot and gaining nativist support than something with actual legs -- not only would Republicans have trouble passing it through a Democrat-controlled Congress (and not all Republicans hop on the anti-immigrant bandwagon), if the law did somehow succeed, it would doubtless be challenged as unconstitutional. And most likely be struck down on those grounds.

Photo credit: Beverly & Pack

Alex DiBranco is a Change.org Editor who has worked for the Nation, Political Research Associates, and the Center for American Progress. She is now based in New York City.
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