Lawmakers in a total of 40 states are considering similar proposals "to correct the monumental misapplication of the 14th Amendment of the U.S. Constitution," according to the legislators' new group, State Legislators for Legal Immigration. The 14th Amendment to the U.S. Constitution, which was ratified in the wake of the Civil War, provides in part that "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." The provision has the effect of granting "birthright" citizenship to anyone born in the United States, even if both of the child's parents are in the country illegally.
The Arizona proposals, introduced by Republicans two weeks ago and quickly opposed by Democrats, are the latest measures following new Arizona laws that seek to crack down on illegal immigration but have landed up in court. Sponsors of this latest legislation have said they hope the bills, if one becomes law, also will provoke a lawsuit so that the U.S. Supreme Court can re-examine the meaning of the 14th Amendment's citizenship clause. Mike Philipsen, spokesman for the state senate's Republican majority, which holds 21 of the chamber's 30 seats, said the judiciary committee is scheduled to hear two hours of testimony from supporters and opponents of two bills seeking to end birthright citizenship for babies born on U.S. soil to illegal immigrants.
Under the proposals, Arizona would create a special class of birth certificates for children who are born to parents who can't prove their citizenship. The committee is chaired by the bills' Senate sponsor, Ron Gould, said Philipsen. "These folks are essentially gaming the system to put themselves ahead of the line," Gould told CNN, referring to illegal immigrants giving birth to children in the United States as a way for their children to have citizenship.
A similar measure is sponsored in the House by Rep. John Kavanagh, whose chamber has yet to schedule a hearing, Philipsen said. "Obviously with this issue, there's going to be a lot of debate on it, there's going to be a lot of people speaking on it," Philipsen said of Monday's scheduled two-hour hearing. If approved, the legislation would apply only to children born after the law went into effect or after a ruling from the expected court action, Kavanagh said.
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