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Harris Sherline: Is Birthright Citizenship Finally Nearing an End?
With all the hullabaloo about TARP, the stimulus bill, the Obama administration’s out-of-control spending, and the health-care proposal being debated, perhaps one of the most important pieces of legislation in U.S. history has started to work its way through Congress. It could just be that the practice of birthright citizenship may finally be coming to an end.
There are those who will see it as some form of discrimination, particularly against Hispanics, while others will view it as righting a serious wrong that has been tolerated by Americans for far too long.
The idea, of course, is to stop the practice of automatically granting U.S. citizenship to anyone who is born here, regardless of the status of their parents. Even children whose parents are both U.S. noncitizens automatically become citizens. This includes more than 400,000 babies who are born within our borders and whose parents are illegal aliens.
In “Nearly All Wealthy and Emerging Nations Have Eliminated Birthright Citizenship — We Should, Too” in Business Week on July 24, Roy Beck, executive director of NumbersUSA, wrote: “Maternity tourism is just the beginning of the silliness of birthright citizenship that goes to the babies of foreign students, temporary foreign workers, international travelers — and the millions who break the law to criminally enter this country. ... This is a huge impediment to efforts to stabilize U.S. population to allow for environmental sustainability. And it is a great incentive for more illegal immigration. Each of these babies becomes an anchor who retards deportation of unlawfully present parents — and who eventually will be an anchor for entire families and villages as chain migration leads to the immigration of grandparents, aunts, uncles and cousins. Birthright citizenship is an antiquated practice that has been abandoned by nearly all wealthy nations and emerging nations (recently India and Indonesia) and by the majority of poor nations.”
On April 2, Rep. Nathan Deal, R-Ga., introduced the Birthright Citizenship Act of 2009 to correct this long-standing inequity. It’s interesting to note that the bill has 82 co-sponsors. Deal also observes that, contrary to the view of those who favor birthright citizenship, “federal law (not the Constitution) gives citizenship to an estimated minimum 400,000 babies each year who don’t have even one parent who is a U.S. citizen or permanent legal immigrant. ... The Supreme Court has ruled only that the Constitution requires babies of legal immigrants be U.S. citizens.”
The language of Deal’s bill is brief and to the point. Consisting of about 160 words, it modifies Section 301 of the Immigration and Nationality Act (8 U.S. 1401) to read, in part: “... a person born in the United States shall be considered ‘subject to the jurisdiction’ of the United States for purposes of subsection (a)(1) if the person is born in the United States of parents, one of whom is (1) a citizen or national of the United States; (2) an alien lawfully admitted for permanent residence in the United States whose residence is in the United States; or (3) an alien performing active service in the armed forces (as defined in section 101 of title 10, United States Code).”
It remains to be seen if this simple, uncomplicated piece of legislation can make it through the snake pit of special interests and conflicting views of those in Congress, and if President Barack Obama will sign it. So far, he hasn’t acknowledged that he is even aware that it has been introduced, and I doubt the media will ask him about it. If it passes, given the many questions and pending litigation about his own birthplace, he could veto it.
It will be interesting to see where this goes, but I am confident of one thing: The American people will be overwhelmingly in favor of it.
— Harris R. Sherline is a retired CPA and former chairman and CEO of Santa Ynez Valley Hospital who has lived in Santa Barbara County for more than 30 years. He stays active writing opinion columns and his blog, Opinionfest.com.
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» on 08.16.09 @ 07:35 AM
God, I hate to admit it, because agreeing with almost anything sponsored by a Georgia Republican pains me, but I can almost agree with the premise of this legislation. Now I’m going to have to research what other western nations do in regard to citizenship by birthright…
» on 08.16.09 @ 07:59 AM
OK - Mr. Sherline prompted me to do a little online research and I came up with a 1993 article on the subject of citizenship by birthright. It ain’t so clear cut since a fairly high number of countries (developed and developing) provide legal citizen status for those born withing their borders, including our neighbors to the immediate north and south.
Here’s the website for the article:
http://www.cis.org/articles/1993/back793.html.
and a quote from its concluding paragraph:
“The final category is citizenship by birth. The legal term for this type of citizenship is jus soli which refers to countries that grant citizenship to persons born on their “soil” regardless of the nationality of the parents. Of the 38 countries surveyed for this study, 12 grant automatic citizenship to those born on their soil while 26 do not…”
So the question takes on a more complicated facet of international diplomacy - should America care about what our allies who grant citizenship by birthright think?
» on 08.16.09 @ 08:36 AM
Wonderful idea. A fundamental cause of all enviromental issues is overpopulation, a fact once embraced by the environmental movement, but quietly dropped once it became clear that certain population groups were responsible for virtually all of the U.S. population growth (just check birthrate statistics, disbelievers).
» on 08.16.09 @ 09:34 AM
It must be a sign of the end of the world! Either Harris Sherline has changed his ways or I have turned conservative, but this makes two of his editorials in a row where he has made sense. Last week he spoke of our ridiculous hemp laws and this week he proposes a positive change to immigration law. This, combined with more a more rational, above board and generous immigration policy would go far toward making the country both secure from foes and generous to those who are talented, ambitious and really seeking legitimate opportunities here.
» on 08.16.09 @ 10:04 AM
Once again Harris is gleefully chucking out the baby with the bath water. Jus soli citizenship is one of the hallmarks of the American sense of itself. Being “born here” as a basis for citizenship is refreshingly democratic. The USA consciously set up this practice as a new model against the old European model. (Does Harris want us to become like France?) To let the few who might take advantage of this become an excuse to step away from this practice is just wrong headed.
Doing the expedient thing (like abandoning habeas corpus when it’s not convenient) as a political policy is shortsighted and often causes more trouble than the original issue. Japan has wrestled with its highly restrictive citizenship rules for decades. Hundreds of thousands of “non-citizens” in Japan, people who were born and grew up there, just like their parents and their parents, live in a perpetual legal limbo and a marginal economy. Harris has been consistently un-generous in his various opinions about social issues, so this one is not surprising.
» on 08.16.09 @ 10:09 AM
Unfortunately, there is no way this sensible legislation eliminating birthright citizenship will pass given the current political climate. Every child born to an illegal alien is an automatic Democratic voter, and a new minimum-wage worker upon adulthood for Republican corporate interests. A major convulsion, such as the “Latino Intifada” predicted by Andres Oppenheimer would be required for a political realignment and re-establishment of national sovereignty.
» on 08.16.09 @ 10:12 AM
Former Barbarian wrote “... I came up with a 1993 article on the subject of citizenship by birthright…”
An article written in 1993 (16 years ago) certainly can’t be a reference for the world’s laws today. Many have been changed in the intervening years. If the reference isn’t less than a year old, perhaps we ought not to consider it representative of the current facts.
» on 08.16.09 @ 10:55 AM
I agree with the premise of this proposed legislation. I don’t believe that it could or should be applied retroactively but it could be applied from this time forward. I am somewhat surprised that only 400,000 children are born in the United States of two parents who are here illegally or, more specifically, I wonder how have these data have been collected?
» on 08.16.09 @ 12:17 PM
Good idea, long over due and no, who in the hell cares what anyone else thinks?
» on 08.16.09 @ 01:03 PM
Harris is on point again! I am the child of parents who imigrated to the USA legally and who followed all of the rules of this country in order to become citizens.
I believe that it is time to stop rewarding parents who break our nation’s laws by coming here illegally, by giving automatic citizenship to their children because they were born here.
Let every alien earn the right to live here by following our nation’s laws. Allow their families to hold their heads high and allow them to share the pride of being “law abiding Americans.”
As for those who are here and have not broken any other laws and who can prove that they have not been an economic or otherwise domestic burden, we should give them the opportunity to “earn” the right to stay here and become citizens by volunteering for service to our country and/or communities while they work and pay taxes for seven years or more.
Those that don’t qualify need to be sent back to the country of their birth so their government can deal with their responsibilities according to their laws.
» on 08.16.09 @ 03:41 PM
The developers and construction industry lobbyists aren’t going to like this. These sectors are the ones who benefit from an ever-expanding supply of warm bodies. Mass immigration is favoured by ‘liberal’ parties (Democrats, Liberals and NDP in Canada, the British Labour Party, the Australian Liberal Party), because of ties to these industries. The (mostly-unemployed) ‘guest workers’ in Europe were brought in for no other reason than to justify the construction of sprawling housing tracts.
Even the environmental movement has stopped talking about overpopulation, for reasons of philanthropic bribery as much as political correctness. The Sierra Club accepted nearly $100M in donations from Michael Gelbaum, in exchange for self-censorship on the population and immigration issues. Canada’s David Suzuki Foundation’s major donors are HBC and BMO Financial—two very large banks that have lobbied for almost doubling Canada’s already unsustainably high immigration levels (from 250,000, to 400,00 per year).
If North America intends to get serious about addressing urban sprawl, as well as farmland and wild habitat loss, immigration and population policy can’t remain a taboo topic.
» on 08.16.09 @ 05:57 PM
This bill has been a long time coming. I hope it passes
» on 08.16.09 @ 06:03 PM
Good to see a discussion of overpopulation/immigration issues going on here that the News-Press (with some exceptions in the opinion section) and the Independent will not engage in.
» on 08.17.09 @ 01:19 AM
Our government fails the most basic and primary task & duty of government, to protect this Nation and its Citizens from invasion and enforce its laws.
They refuse to abide by our Constitution, refuse to enforce our Immigration Laws and refuse to honor their Oath of Office!
Our Government, past & present, Republican & Democrat, have allowed the invasion of 20 to 30 million criminals and uneducated peons which is the largest invasion of any Nation, at any time, by any means & in direct violation of Article IV, Section IV of our Constitution.
This refusal to abide by our Constitution or enforce our Immigration Laws should be classified as Treason of the most foul kind, & as grounds for impeachment & trials for Treason!
Not only have they allowed the invasion, they force American tax payers to pay Billions on Billions of dollars to provide Welfare, Prison cells, Educate the invaders numerous children, and free medical care, at the same time the invading horde break numerous laws and massive document fraud, & are destroying our schools, hospitals, communities, culture and standard of living while Robbing, Raping, Killing & Assaulting American Citizens at an rate the terrorist can only dream about.
Recent statements in Mexico from both President Obama and Secretary of State Hillary something needs to be done. “Our inability to prevent weapons from being illegally smuggled across the border to arm these criminals causes the deaths of police officers, soldiers, and civilians,” Hillary whined.
But no mention, whines, concern or care that their refusal to stop the Massive Invasion of Illegal Aliens pouring across our borders or enforce our immigration laws that causes an estimated 25 Americans deaths per day and 10,s of thousands victims of Assault, Robberies, Rapes, Identify thief, and other assorted crimes committed by the invading horde of Illegal Aliens from Mexico on American citizens each year!
It is a telling indictment & shows their Empathy & Compassion of our Politicians & their priorities are not for the American citizens when they express more concern over Mexicans deaths mostly connected to the Drug trade, than the murders, havoc & crimes of Illegal Aliens against American Citizens!
The Democrats view the invading horde of Criminals and Uneducated third world rejects as Undocumented Welfare Democrats & the Republicans as Undocumented Slave labor for their Pay Masters in the Chamber of Commerce & Businesses!
Most of our Politicians in Wash. DC are wading knee deep in innocent American blood and suffering because they put Self Interest ahead of the interest of American Citizens & the future of this Nation!
The Citizens of this Nation have not sacrificed with blood, sweat & tears for over 200 years & obeyed the Laws of the land, paid the taxes, and fought the wars & built this Nation to see Corrupt politicians turn this Nation into the United States of Mexico without a shot being fired, to serve their demented, nefarious goals and lust for power!
» on 08.17.09 @ 01:54 AM
This is SUCH a no-brainer. Ask anyone who works in a hospital—where all these anchor babies are born—so all their “anchor ancestors” get to stay.
Read “Mexifornia” (this state is called the canary in the coal mine for the U.S.) As the author rightly points out, when our borders are sieves, everyone loses. The illegals who are ripe for exploitation, and the citizens who PAY for the increased demands on social services.
Don’t think I’m right? Hit your local ER’s waiting room on any given night. Hablo espanol?
» on 08.17.09 @ 01:55 PM
If there was ever a time for a national referendum—THEN THIS IS DEFINITELY IT? Of all the issues the ones that will influence the American peoples economy, culture, language and society for decades to come, is Health care and illegal immigration. Neither political party, special interest lobbyists nor anybody else should be able to use their influence the running of our country. The United States—VOTER—should have the last word, not corrupt members of the Democratic leadership, the Republican minority party and certainly not La Raza or ACLU, US Chamber of Commerce, Council of Foreign Relations, Cato Institute, billionaire George Soros, Ford Foundation and a multitude of self interest groups. In health care the insurance companies have used their political currency, to weaken any prospect of a Canadian or European style public health care option. 2/3 of America insist on the single payer system like Canada and the European developed nations.
The rest of these despicable organizations want the free flow of cheap labor that is already swarming across our nation, even though we are in a deep recession and millions of US citizens and legal residence are jobless. As I speak 1.5 million new immigrants entered America and that’s not counting the illegal aliens who extract from taxpayers everyday. Our politicians can no longer demand of the people, to pay for foreign national health care, when they cannot afford it for their own families? How many more years are the people to be dictated to the power of profiteering insurance companies? How many decades must taxpayers is forced to pay for illegal immigrants and families, who have already broken our laws of sovereignty and expect to be rewarded with another blanket AMNESTY. For those who are not aware already? WE ARE ALREADY PAYING BILLIONS OF DOLLARS IN SUBSIDIZING ILLEGAL IMMIGRANTS?
How can we assume our legislators to honor the “Rule of Law”, when they have already stone-walled us over the 1986 immigration enforcement law? Millions of loyal Americans who have already commanded E-Verify extraction tool in the workplace (section of the SAVE ACT) 287 G police enforcement, no match letter and the ICE raids of illegal immigrant. But we must maintain the bombardment if you want a health care public option choice? Whether you want to keep on supporting the impoverished, unschooled of foreign nations that skirt our laws? CALL YOUR SENATORS AND REPRESENTATIVES FOR WHAT YOU WANT AT 202-224-3121? NOT WHAT THE SPECIAL INTEREST LOBBY HAS PAID FOR? Read about the trillions to be spent on giving AMNESTY to illegal immigrants at the Heritage Foundation. GOOGLE more facts on the web, or search for the truth at NUMBERSUSA.
Observe this PETITION to STOP any health care to illegal immigrants at: http://www.thepetitionsite.com/1/nohealthcareforillegals
» on 08.18.09 @ 06:49 PM
14th Amendment of the US Constitution;
Section. 1. ” 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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
http://caselaw.lp.findlaw.com/data/constitution/amendment14/
Is there any difference between the words PERSON and CITIZEN in the paragraph above?
Is an “illegal alien” a PERSON?
How can a person be an “illegal alien” if they are NOT “subject to the jurisdiction thereof”?
If they are NOT “subject to the jurisdiction thereof”, does that mean they can rob a bank with impunity?
If not, then doesn’t that imply they ARE “subject to the jurisdiction thereof”?
The reason “birthright citizenship” does not apply to the US born children of foreign diplomats is DIPLOMATIC IMMUNITY.
This one is a SLAM DUNK. Go ahead and take it to the US Supreme Court:)
BTW; if the 14th Amendment to the US Constitution can be abrogated, what about the 1st, 2nd, 4th Amendments?
» on 08.19.09 @ 05:14 PM
She’s right. Harris is wrong. ALL persons born in the USA are citizens according to the US Constitution (14th Amendment). So any law that tries to read in provisions on the word “ALL” will be unconstitutional (unless we have an activist supreme court that doesn’t follow the constitution… :) )
» on 08.20.09 @ 02:25 AM
The U.S. has become an A.T.M. machine for countries south of the border.
The solution is that the U.S. has to stop talking out one side of its mouth about “Come in the right way” while at the same time refusing to enforce its immigration laws.
If a doctor finds themselves overwhelmed by patients whose medical problems are lifestyle-related, does that doctor simply allow their practice to grind to a halt because they collapse under the weight of so many patients, or does that doctor educate the patients into leading a healthier lifestyle?
The above analogy applies to this situation. For too long there is the unspoken mantra that countries south of the border are simply incapable of ever improving themselves and that it is our responsibility to take care of all those who enter into the U.S.
The issue is not who is more valuable as a human being—since we truly *are* all equal, but the impact of the open border and the enabling political forces in this country have been undeniably negative. There is a reason that certain countries have higher living standards than others and amending our education system in an attempt to appease the strident demands of ethnic pressure groups not only has lead us to where we are, but hasn’t made life any better for the people that we are ostensibly trying to help. Moreover, those pressure groups will never be satisfied until those who they view as occupiers—which includes the perennially apologetic self-loathing people we see in elected office as well as our education system—are run out what they see as their vision of Aztlan. A cursory look at the M.E.C.h.A manifesto will prove this.
No people, enforcing immigration laws and resetting our educational standards to what they were a few decades back is not racist and cold-hearted, but it’s the only way that those countries to the south of us will realize that they must—and ultimately are capable of—pulling themselves out of the misery of political incompetence which causes so many to leave those places.
The evidence is staring us right in the face: Overcrowding, gang violence that keeps exploding, (another stabbing in Goleta last night) and with regard to the comments by sbnative and Black Saint per hospitals, what people need to understand is that the number of doctors and medical people coming out of the mass migration of illegal immigrants is much less than in years past. In other words, it’s obvious that getting quality time with a doctor is getting harder and harder all the time. If the majority of people end up being low-skilled and of low literacy, who will provide the doctors needed to save lives?
» on 09.06.09 @ 08:00 AM
In 2004 citizens of Ireland overwhelming voted to end the birthright citizenship. The government said change was needed because foreign women were travelling to Ireland to give birth in order to get an EU passport for their babies, causing a financial drain on the county.
Looks like the USA learns the hard way - via economic disaster.
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