Supporters of rolling back birthright citizenship suffered a large setback in what proved to be a bitter fight.
State Senate Bills 1308 and 1309 were defeated on Thursday with votes of 12-18 and 11-19 respectively.
The bills would have worked together to repeal birthright citizenship for children born to parents who are here illegally.
SB 1308 would have created two separate birth certificates - one for a child who was born to a set of parents with at least one legal resident and another class for people who were born to undocumented immigrants.
SB 1309 redefined the requirements for Arizona citizenship. Children would have to be born to at least one parent who is here legally to be counted as an Arizona citizen.
The introduction of these bills was quite controversial and provoked many emotions.
Thursday saw many protestors outside the state Capitol.
One of the men at the Capitol who supported the bills saw birthright citizenship as part of America's allure: If a child is born here, that means he or she is now an American citizen. "I think it is an incentive for people to come here and have as many kids as they can and then hope that maybe, I guess, in the long run that having a lot of children who are U.S. citizens that they will be able to become U.S. citizens," said Phoenix resident Tim Johnson.
Another woman at the Capitol saw this movement as a form of discrimination, as a way to make undocumented immigrants almost less than human.
"Birthright citizenship is a right that belongs to every person who was born here. I support it because if we didn't have it we would create separate classes of people who are stateless, who do not have any civil rights and who would be excluded," said Elizabeth Venable, who was protesting on Thursday.
Others say that is would change the sentiment.
"We are a land that welcomes people and individuals. So to take on a completely new way of relating to people who are different than us changes the attitude and the atmosphere in our country and that is extremely problematic," said Sen. Paula Aboud, D-Tucson.
As passions flared outside the state Capitol, the legislators brought SB 1308 and SB 1309 to the floor.
Despite their failure to pass, the debate will still likely rage on and be brought up again.
Some opposed this idea on the grounds that it was unconstitutional because it stood directly in conflict with the first sentence of Section 1 of the 14th Amendment.
"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," it reads.
This amendment was adopted to reverse the ruling of the 1857 Supreme Court case Dredd Scott v. Sandford.
This decision held that slaves were not citizens of the United States regardless of whether they were born here. The addition of the 14th Amendment to the Constitution made this decision null and void.
"I think the people who adopted that really meant it - because you are born in the United States, you were a citizen," said Paul Bender, a constitutional law professor and former dean at ASU's Sandra Day O'Connor College of Law.
The legal dispute occurs over what the phrase "subject to the jurisdiction thereof" means.
Those who are against birthright citizenship argue that children of undocumented immigrants aren't citizens because the parents owe allegiance to another nation.
"The basis of the whole thing is what does ‘subject to the jurisdiction thereof' mean? We believe it meant that you had sworn allegiance to the United States and that you weren't subject to another [country]," said Sen. Ron Gould, R-Lake Havasu City.
He called the jurisdiction that governs undocumented immigrants "partial jurisdiction."
Everyone has to follow the laws in the United States, but those against birthright citizenship feel that illegal immigrants and their children are not subject to U.S. laws fully because of their undocumented status.
Those who support birthright citizenship though say this language has nothing to do with what other allegiance a child's parents may have.
"[The language] was meant to exclude the children of the diplomats," Bender said.
Diplomats are not bound to U.S. laws, therefore they are not subject to the jurisdiction of the U.S. and nor are their children.
Those who were against SB 1308 and 1309 took the measures as an affront to the Constitution.
They also saw it as especially ironic because many who champion the measure claim to be ardent Constitutionalists.
"It is a challenge to the Constitution. And that is coming from the individuals that say they support the Constitution," Aboud said.
Gould acknowledged that this was the actual intent of the laws.
"[The bills] are intended to create legal challenges. The Supreme Court has never ruled on that issue," said Gould.
The Supreme Court did rule on birthright citizenship in the 1898 case United States v. Wong Kim Ark.
The decision held that the government could not deny citizenship to anyone born in the United States.
However, Gould maintains that this case is not relevant because the parents were legal immigrants.
Slabside posted at 5:27 pm on Fri, Mar 18, 2011.
Thank you to all of the liberal, bleeding heart saps that pander to the illegal hoard infesting our country. You make me sick.
TruthSeeker posted at 10:25 pm on Fri, Mar 18, 2011.
"[The language] was meant to exclude the children of the diplomats," Not true. The language was meant to INCLUDE children of Black slaves.
The part that bothers me most is that any child born here to illegal aliens can award their illegal alien parents citizenship when they themselves turn 21. This is what should be forbidden. Why should their parents be awarded with citizenship for breaking the law in the first place? They can also then abuse chain migration by bringing all of their other illegal alien relatives to our country. We really need to close this loop hole.[angry]
wdgnas posted at 6:17 am on Sat, Mar 19, 2011.
slabside: i thought the republicans had the majority in the state senate. must be rino"s huh...
hillstreet posted at 1:48 pm on Sat, Mar 19, 2011.
The puked out look in Reichführer Pearce and Gruppenfuehrer Gold was priceless! The racists lost yesterday.
NanDarrow posted at 2:25 pm on Sat, Mar 19, 2011.
Ok, so now when is the legislature going to work on jobs and the economy. We've had enough frothing at the mouth about immigrants. Nice distraction from a problem that won't give way to simplistic solutions.
Brittanicus posted at 4:16 pm on Sat, Mar 19, 2011.
STOP THEM FROM STEALING YOUR JOBS!
We have been listening to the Leftist mantra "Jobs Americans won't do" but it's falling on death ears, as US Citizens and legal residents applied for jobs after Sheriff Joe Arpaio, swooped down on the eatery called Pei Wei Asian Diners. The business had to close its doors because it didn't have enough legal workers left, then Pei Wei immediately started recruiting workers from among legal residents. Channel 10 of Phoenix reported Sheriff Joe handcuffing and taken into custody illegal aliens working at the Asian diner. In the interview a lady was hired with a business degree, was grateful to find a job to feed her family.Three other people were hired, because any job is better than nothing.
How many restaurants, hotels, motels, factories, and other service industries need to be raided? Even meat and poultry plants had to use American workers, when ICE sealed the fate of illegal labor stealing jobs throughout this country. Americans and legal residents were lining up for these jobs, once ICE made lightening raids on dirty company owners. No excuses, no exemptions; they should go to prison. How about the trade Unions in Wisconsin and nationwide are concealing hundreds of thousands of illegal workers. Thousands are being caught by ICE. 20 Million plus still need to be deported.We need more sheriffs with a backbone, such as Joe Arpaio of Maricopa County. Not law enforcement looking for excuses. Learn more about the illegal alien invasion at NumbersUSA Join your local TEA PARTY TO FIGHT BACK AGAINST THIS TRAVESTY. Millions of Americans have joined the Tea Party, to unite against the Liberal progressives who believe in open borders. Democrats who want illegal alien votes, as in New Mexico. Republicans who enjoy the profits of cheap labor.
Throw out all weak-kneed non-TEA PARTY politicians or recall them.
Brittanicus posted at 4:18 pm on Sat, Mar 19, 2011.
From a voting Independent Conservative:
THEY WILL BE REMOVED IN 2012?
YOUR STATE COULD ALSO BE OVERRUN BY ECONOMIC ILLEGAL ALIENS.
THIS IS ABOUT ILLEGAL IMMIGRATION-NOT-LEGAL! ITS ABOUT THAT STUFF THAT JINGLES IN YOUR POCKET--YOUR MONEY.
BOYCOTT BUSINESS THAT THREATENED SENATORS ON ILLEGAL IMMIGRATION
All the Republican Senate cowards need to know that when they brushed aside some of the policing laws in Arizona, they will be forfeit their seats in 2012; compliments of the Tea Party. Immigration is no longer a less prominent issue, as just like jobs it is costing too much money that it is almost beyond imagination. Those RINO's in Arizona who sold their vote to corporate and big business and the zealot open border lobby will feel the wrath of the Arizona taxpayers. But not just in the financially ailing Arizona, but Utah, California, Nevada and many other States that have deceived the American population when voted into office. Americans should not have to compete with criminal foreigners who are being rewarded for their wrongdoing with taxpayer money. E-Verify must become a permanent tool to protect American jobs, with the full force of ICE. Just how much is your State spending to accommodate illegal aliens?
Secure Communities policing law, along with the 287 (g) should be enforced throughout the United States. On the agenda should be a National ID card, which should be issued to every native born American and resident legal immigrant. We will endure against the Leftist-Socialism sinking this country into of crisis. Incidentally--Any poll can be manipulated in favor of the lobbying or open border degenerates.
In Arizona Governor Brewer and State Senator Peirce authored a very harsh but financially needed set of policies to save the State from imminent insolvency.
SB 1309: Establishes criteria for Arizona citizenship, requiring at least one legal U.S. parent in order to receive Arizona citizenship. This would allow Arizona to eliminate instant birthright babies. The Republicans who down-voted could not have read the 14th amendment, in its entirety? That it includes the parents of an infant born in the US can stay? Why is nobody interpreting; Article 1 Section 9 Paragraph 1 where it gives the State(s) the sole right to permit into the State whom it thinks right and shall not be prohibited by the Congress, which doesn't preempt the rights of the Federal Government? Why should the U.S. Government or any of its states tolerate any individual or person to come into the sovereign nation and make demands to fit their wishes?
SB 1405: Requires an admissions officer of a hospital to verify a person's citizenship or legal status before admitting the person for non-emergency care.
SB 1407 Requires the Arizona Department of Education (ADE) to collect data from school.
SB 1611: Specifies that it is unlawful for a person to operate a motor vehicle in Arizona if the person is unlawfully present in the U.S. They must demonstrate a lawful presence for obtaining public housing, a vehicle title and registration, community college or university admission or any public benefit.
Those who are fed-up with paying even higher taxes to support the illegal immigration invasion should join THE TEA party in your State. The Tea Party is the only true hope with have against growing government, lower taxes and to stop the corrupt slime in Washington and State Capitols that is selling the future of your children. Europe is being overrun by economic immigrants, but this must be halted in America. From all over the world they are coming here, to make a better life. But then what about a better life for our families and our children? What about our children who have to learn in crammed schools for of illegal aliens. What about our own low income Americans, who are forced to wait for hours in hospital waiting rooms overcrowded with illegals? How about the billions of dollars spent in judicial courts, jails and prisons, inundated will illegal alien criminals? Don't let the Liberal press delude you of the truth and the astronomical costs now that will certainly gain momentum in the future. Illegal immigration must end now by insuring every dirty businessman or contractor who hires cut-price labor goes to prison.
There is a list of businesses who issued a stark warning to the Arizona politicians to back-off enacting any more anti-illegal immigration bills. It is my strong opinion by going to BIZJOURNAL, http://tinyurl.com/48tqjpt that if you is infuriated by this disgusting stance of large and small businesses to go ahead and boycott them. Perhaps they might comprehend that the people have the power to stop this nation financial crippling by the ingress of cheap labor.
May be six months in Sheriff Joe Arpaio "TENT CITY" would alter their perception in giving jobs to illegal aliens? Free faxes to demand an end to illegal immigration can be found at NumbersUSA or any of the hundreds of pro-sovereignty, Pro-US Constitution groups. Local phone directories have blue pages to contact federal and State lawmakers. DOING NOTHING IS DESTROYING THIS GREAT COUNTRY. Illegal aliens are voting in our elections, using absentee ballots, so we need mandatory government ID to be eligible.
WE CAN BUILD OUR TEA PARTY ARMY LONG BEFORE THE 2012 ELECTION.
NO copyright, ever. Distribute freely.
EmperorSmith posted at 5:05 pm on Sat, Mar 19, 2011.
is the part of the 12?
EmperorSmith posted at 5:43 pm on Sat, Mar 19, 2011.
I'll close my eyes and you sing your song.
Masterrogue666 posted at 6:03 pm on Sat, Mar 19, 2011.
To Elizabeth Venable: They would NOT be stateless. Check Mexican law (just a for instance). They consider such childern as Mexican subjects. The USA is the ONLY government, that I know of, that allows this loop-hole to exists. It's an old law that NEEDS update to this modern age. Perhaps the next President, wishing to serve AMERICAN CITIZEN interests will call for said change....
k33j88 posted at 6:40 am on Sun, Mar 20, 2011.
Poor illegals-----they rape our children, kill our cops, carjack innocent citizens, invade your homes, murder our ranchers, steal from stores, demand all coorespondance in spanish, take our jobs,-------all without taking their required immunization shots. The're hard-working individuals wanting a better life. Question: Which ones are carrying the "airborn TB virus"?
k33j88 posted at 6:42 am on Sun, Mar 20, 2011.
Let us not forget about the "OTM'S"-----other than mexicans. These are the islamic terrorists disguised as mexicans.
NothingButTheTruth posted at 9:33 pm on Sat, Mar 26, 2011.
Enough talk. When we kick the marxist obama from the White House and take back both houses of congress, then we will have our say.