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Arizona is passing/passed a measure that would prevent children of illegal immigrants born in this country from receiving State of Arizona birth certificates. No proof of birth, fat chance getting citizenship later on when you grow up. I for one am not a Con scholar, but I will says this, the 14th Amendment allows some wiggle room here:
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.
That jurisdiction bit does leave some room for discussion at the very least. Since their mom is here illegally, are they, the child, subject to the jurisdiction thereof, or are they citizens of the same foreign country as their mother? Arizona is saying they are foreign citizens and as such, should receive a record of live birth from their home country.
My family has only been in this country for about a 140 years, but at the time we did enter legally, it wasnt until after WWI, I believe, that immigration was cut down and set by quota. I think everyone else should come legally as well.
1 comment:
I'm no fan of the anchor baby laws either, and I'm no constitutional law expert. However, I do have a fairly better than average working knowledge of legal issues thanks to my line of work. I believe that the language about "subject to the jurisdiction thereof" includes anyone within the borders of the US. For instance, illegal aliens are still entitled to access to our court system to redress wrongs, criminal and civil, they suffer while in this country. I think Arizona will find that Federal law will trump them on this one.
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