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States Take First Step in Eliminating Birthright Citizenship

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Last week, state legislators from across the nation gathered for a press conference in Washington, DC to unveil legislation that they hope will restore proper application of the 14th Amendment by eliminating the automatic granting of citizenship to children born to illegal aliens. The legislators are members of a 40-state coalition known as State Legislators for Legal Immigration (SLLI). With the aid of constitutional scholar Kris Kobach (also Kansas’s Secretary of State), former Dean of Chapman Law School John Eastman and the Immigration Reform Law Institute, SLLI has written two bills for introduction in multiple legislatures that SLLI hopes will spur the federal government into ending the practice of granting birthright citizenship to children born to illegal aliens.

Mr. Kobach explained that the proposed legislation includes both a bill and a state compact. Mr. Kobach explained that the bill does not amend the United States Constitution, usurp Congress, or change the legal rights of any individual. Rather, the bill serves to restore the concept of state citizenship and asserts states’ authority to establish requirements for state citizenship. Mr. Kobach admitted he does anticipate litigation to follow from the enactment of the bill. Litigation, he said, will finally require the courts to more thoroughly define the clause “subject to the jurisdiction thereof” as found in the 14th Amendment. Meanwhile, the compact would serve as an agreement among signatory states to distinguish the birth certificates of those born to illegal aliens in comparison to those born to legal permanent residents or citizens. Even after adopted by the states, however, the compact will not take effect until Congress gives its consent to the agreement.

At the press conference, state representatives from Oklahoma, South Carolina, Georgia and Arizona spoke in support of the legislation. Each member will be introducing the legislation before his own representative assembly in the coming weeks. SLLI expects that legislators in at least 14 states will work to advance these measures on birthright citizenship.

'PAU' both wife and daughter in the U.S. 08/25/2009

Daughter's' CRBA Manila Embassy 08/07/2008 dual citizenship


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