The United States government currently recognizes any person born on American soil as a “natural born” citizen and ignores the Constitutional requirement that one must also be “subject to the jurisdiction” of the United States in order to automatically gain citizenship. The U.S. Supreme Court has never ruled on whether or not children born to illegal-alien parents, or to parents visiting the United States with temporary visas, are entitled to birthright citizenship. Birthright citizenship for illegal aliens not only rewards illegal immigration and adds to the population growth, it also acts as an “anchor” for illegal-alien family members to remain in the United States and eventually legalize their status. This section charts House and Senate bills and joint resolutions that would codify or discontinue birthright citizenship.
End Birthright Citizenship
H.R.5002 (No Sanctuary for Illegals Act)
- among numerous provisions, this legislation would: help recruit border patrol officers by offering student loan repayment incentives of up to $6,000 a year, make completion of the border fence a top priority, require state and local law enforcement agencies to immediately notify ICE when an illegal alien is arrested, retain the finger prints of all illegal aliens caught crossing the border or present in the United States, uphold expedited removal for illegal aliens, make illegal aliens permanently ineligible for future admission to the United States instead of the current 1 year prohibition, impose a sentence of up to 5 years for illegal alien repeat offenders, and would confront sanctuary polices by prohibiting federal funds to state or political subdivisions that are determined to be interfering with efforts to enforce federal immigration laws. Furthermore, this legislation would eliminate birthright citizenship for children born to illegal aliens in the United States by limiting citizenship only to children born to U.S. citizens or nationals, lawful permanent resident aliens in the United States, and aliens performing active service in the armed forces. Rep. Dan Burton (R-Ind.) is the bill’s main sponsor.
End Birthright Citizenship
H.R.1868 (Birthright Citizenship Act of 2009) - would eliminate birthright citizenship for the children born to illegal aliens in the United States by limiting citizenship to the children born to U.S. citizens or nationals, lawful permanent resident aliens in the United States, and aliens performing active service in the armed forces. Rep. Nathan Deal (R-Ga.) introduced the bill, but resigned from Congress on March 21, 2010. Rep. Gary Miller (R-Calif.) is now the chief sponsor for purposes of collecting cosponsors.
S. 123 (or H.R. 123) - Bills that must pass both chambers (i.e., House and Senate) and be signed by President to have force of law.
S. Res. 123 (or H.Res. 123) - Measures concerning operation of single chamber; not presented to President for action.
S.J. Res. 123 (or H.J.Res. 123) - Resolutions requiring both chambers’ approval and presentation to President for approval (as with bills [laws enacted by virtue of joint resolutions are not distinguished from laws enacted by bills]); generally used to authorize small appropriations, enact continuing resolutions that provide for government expenditures (absent overarching appropriations law), create commissions or other bodies, or extend legislation already drafted; also used to propose amendments to U.S. Constitution, in which case must be sent to states directly – bypassing Presidential action – for three-fourths’ approval.
S.Con.Res. 123 (or H.Con.Res. 123) - Resolutions requiring both chambers’ approval, but not Presidential action; generally used to address both chambers’ sentiments or deal with issues affecting both chambers.