Thursday, December 15, 2005

Repubs "Debating" Immigration/Fence Bill

The House of Reps is going ahead with a bill to build a Great Wall along the Mexican border to keep out the invading hordes of low-wage workers who do all the invisible jobs that keep the wealthy in their McMansions. It will run from the Pacific to the Gulf.

But the bill still has some reworking ahead. For instance, the GOP is split on whether to include a guest worker program, earned legalization, or birthright citizenship:
A few were unhappy that a provision denying citizenship to children born to illegal immigrants in the United States was not among the first 15 amendments getting a vote. The contentious measure could be offered Friday.

Notice how Sensenbrenner confuses the issue: “Those people who are against this bill don’t want any changes in the existing system except perhaps amnesty, or, excuse me, ‘earned legalization,’ or perhaps citizenship for those who have broken the law.”

Babies can't break the law. Babies can't owe allegiance. Babies are presumptively under U.S. jurisdiction when they are born within U.S. territorial boundaries, and are therefore citizens per the 14th Amendment.

Given the state of court rulings based on common law over birthright citizenship, including the latest in the case of Yaser Hamdi, I think that even if a law denying citizenship to children born to illegal immigrants were passed, it would be successfully challenged as unconstitutional. The GOP will just have to change the 14th Amendment that the GOP passed.

My, how the GOP has changed.

[edited to add following links]

See also:
Outsourced Agriculture
Tancredo: The Problem with Birthright Citizenship
Incentive for Illegal Immigrants
Human Face on Migrant Workers

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