09/16/2007

News / U.S.-born? So what?

From its beginnings as a nation, the United States differed from Europe in its citizenship policies, welcoming all those born on U.S. territory as U.S. citizens.

Now Rep. Dan Lungren, R-Gold River, and 89 other Republican members of Congress want to end the tradition of birthright citizenship. Eleven of 19 Republicans in the California congressional delegation have signed on to sponsor this terrible bill (HR 1940) that would move the United States toward becoming a restrictionist nation of descent based on parentage.

In practical terms, if this bill passed, no longer could people born in the United States simply show a birth certificate to prove their citizenship. Want a driver's license or a U.S. passport? You would not only need to dig up your birth certificate but the birth certificate, citizenship papers, green card or proof of active military service of one parent. A new bureaucracy would be necessary for determining the validity of a parent's citizenship.

Why would so-called "small government" conservatives want that kind of outcome?

Worse, the Lungren bill would produce generations upon generations of stateless people, born in the United States, who have never lived in any other country. They would have none of the obligations and rights of U.S. citizenship -- Americans in fact but not in law.

HR 1940 is an attempt to overturn the Anglo-American common law principle, going back to 1608, of birthright citizenship for all people born here. It would repeal a key part of the 14th Amendment, ratified in 1868, which confirmed that principle: "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States."

Lungren claims that babies born of foreign parents who have not sworn allegiance to the United States aren't subject to U.S. jurisdiction, a non sequitur. Children born here are subject to U.S. laws. Their allegiance comes with birth and upbringing here, not their parents' allegiance.

And rather than treat children born here alike, building from birth the ties of citizenship, some children would be considered outliers, a repugnant notion that goes against U.S. core values. It is in our country's interest to assure that all children born here forge close, enduring attachments and loyalties to this country. To that end, all children born in the United States should continue to be treated equally under our laws.

With this bill, Lungren and his 89 colleagues are taking the Republican Party over a cliff. California, on the frontlines of immigration issues, needs a Republican Party that can offer constructive solutions for the nation -- not serve up legislation that only stokes the fires of anti-immigration sentiment.
Published 12:00 am PDT Sunday, September 16, 2007
Story appeared in FORUM section, Page E6
http://www.sacbee.com/110/story/380029.html

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