Politicians Attack Immigration-Related Constitutional Provision

September 22, 2010 (Press-News.org) In the wake of a widespread national discussion about Arizona's attempt to usurp federal authority by creating its own immigration policy, some politicians have taken aim at an important citizenship provision in the U.S. Constitution. At stake is the 14th Amendment's guarantee that "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." As many Americans are aware, this means that a child born in the U.S. to citizens of another country automatically receives U.S. citizenship.

Some of the rhetoric has been harsh and demeaning. "People come here to have babies. They come here to drop a child. It's called drop and leave," Republican Senator Lindsey Graham of South Carolina told Fox News in July. "That shouldn't be the case. That attracts people here for all the wrong reasons."

The Senator's use of generalities unsupported by any hard evidence smacked of an election year wedge issue promoted to inflame the political base. By Graham's admission, such a change would only be possible by amending the Constitution. This strategy is not likely to succeed, given the steep political hurdles that would have to be surmounted: approval by two-thirds of the membership of the U.S. House and Senate, followed by ratification in three-fourths of the nation's state legislatures.

Back in Arizona, Republican State Senator Russell Pearce, who sponsored the immigration law that is now being challenged by the Obama administration, announced an alternative strategy: refusing to provide a birth certificate to children born in Arizona unless a parent can prove legal status in the U.S. To many, the thought of a society that refuses to document children born in its own hospitals is a dispiriting one indeed.

Assailing Constitutional Rights, Fanning the Flames of Intolerance

U.S. immigration law is comprised of a vast body of legal processes created to facilitate an orderly transition for foreign nationals who aspire to everything from temporary professional residency to full-blown American citizenship. Most practitioners and policymakers agree that reform of these laws, as well as enforcement policies, is an ongoing process capable of producing better results. But the drumbeat of demonization against so-called "illegals" misses the point with each and every dull thud.

By consulting with an experienced immigration lawyer, aspiring citizens can learn about their options and realistic timelines for success. From visa and green card applications to deportation defense, an experienced attorney can explain the legal issues with clarity, then go to work on a client's behalf.

Article provided by Ronzio & Associates
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