Arizona lawmakers file 4 birthright bills

Arizona lawmakers on Thursday      Rep. Albert Hale, D-Window
filed four bills for               Rock, a Navajo, said that
consideration that they hope       under these bills he would be
will change how the U.S.           considered an "anchor baby"
recognizes children of             because Native Americans were
illegal immigrants.                not granted citizenship until
House Bill 2561 and Senate         1924.
Bill 1309 defines an Arizona       "My grandfather was not a
citizen as someone "lawfully       citizen. My mother, born in
domiciled" in Arizona who is       1919, was not a citizen," he
born in the U.S. and is            said. "So I am a child of a
"subject to the jurisdiction       non-citizen and therefore
thereof." It defines               illegal. Am I to be deported?
individuals who are subject        And If I am, where are you
to the jurisdiction of the U.      going to deport me to?"
S. as children who have at         He warned that passing these
least one parent who is a U.S.     bills would create a crisis
citizen, a U.S. national or a      of children "who are
legal permanent U.S. resident.     stateless and without a
House Bill 2562 and Senate         country."
Bill 1308 would require            "This will create a class of
Arizona to create separate         people who are not welcome in
birth certificates for             the country where they are
children who are deemed to be      born," he said. "This is not
Arizona citizens under House       the Arizona I know. This is
Bill 2561 and those who are        not the Arizona I want."
not. It also seeks permission      Attorney Steve Montoya, who
from Congress to form              was involved with the
compacts with other states         lawsuits challenging the
doing the same thing.              constitutionality of SB 1070,
Phoenix birthright                 called the bill a "complete
citizenship bill protest           waste of time."
HB 2561: Arizona citizenship       "When we're having to close
|  Birth certificates              schools because we're
This morning, opposition           bankrupt, these jokers are
groups gathered at the state       pushing laws that will only
Capitol waving signs and           push the state further into
speaking out against the           debt," he said. "This law
effort. Democratic lawmakers       reflects the ignorance of the
and immigrant rights groups        people who wrote it."
held news conferences              He said the bills are so
throughout the day.                blatantly unconstitutional
Sen. Ron Gould, R-Lake Havasu      that it's unlikely the
City, and Rep. John Kavanagh,      Supreme Court would even
R-Fountain Hills, are the          consider them.
primary bill sponsors. Twenty-     "The state of Arizona cannot
seven Republican lawmakers         overturn the 14th Amendment,"
have signed on support, but        he said.
others commented that the          A group of Arizona ranchers
Legislature should be              held a news conference
focusing on the budget, jobs       Thursday morning to unveil
or border security instead.        their plan for securing the
Senate President Russell           border.
Pearce, R-Mesa, who along          Sen. Sylvia Allen, R-
with Kavanagh led the effort       Snowflake, who is supporting
to get Senate Bill 1070            the rancher's efforts, said
passed last year, has been         the Legislature needs to help
working on this issue for          address the problems at the
years. Kansas attorney Kris        border before tackling issues
Kobach, who helped draft SB        like birthright citizenship.
1070 and in November was           She said she did not sign on
elected Kansas Secretary of        as a sponsor of Gould's bills.
State, also helped with this       "Border security is number
legislation.                       one," she said. "That will
Unlike with SB 1070, Arizona       help slow down so many of the
won't be alone in this effort.     other problems we have."
Lawmakers from about a dozen       Sen. Steve Smith, R-Maricopa,
states have united under           said he thinks the
State Legislators for Legal        Legislature can and is
Immigration and are expected       addressing several different
to consider identical              prongs of the immigration
birthright citizenship             problem at once.
legislation in their states        "You can walk and chew gum at
this year. However, Arizona        the same time," he said.
seems to be the first state        "There are so many different
so far to actually introduce       parts that factor into this
the bills.                         problem."
States have oversight over         He said he will support
birth certificates and, to an      Gould's bill and will
extent, over who can receive       introduce a bill of his own
state services, but                to collect donations to help
citizenship is a federal           build a wall along the
issue. Creating different          Mexican border.
birth certificates, or giving      According to a study released
people different levels of         in August by the Pew Hispanic
access to state services           Center, about 340,000
based on information on birth      children were born in the U.S.
certificates, would open the       to illegal immigrants in 2008.
state to federal lawsuits.         Most were born to parents who
Kavanagh, Pearce and the           had lived in the U.S. for
other lawmakers say that's         more than a year. Pew
exactly what they want: to         researchers could not say how
force these lawsuits so the        many of those children were
federal courts will consider       born in Arizona but did say
whether the 14th Amendment         that about 4 percent of the
truly grants citizenship to        nation's illegal immigrants
children born in the U.S. to       are in Arizona.
illegal immigrants.                If 4 percent of the 340,000
"The court needs to rule on        children in the U.S. born to
this so we can figure out how      illegal immigrants are also
to treat these kids," Gould        in Arizona, that would equate
said.                              to about 13,600 children born
The 14th Amendment, ratified       in Arizona in 2008.
in 1868, states that "all          Kavanagh has said his primary
persons born or naturalized        concern is not parents using
in the United States, and          their children to become
subject to the jurisdiction        citizens but the amount of
thereof, are citizens of the       money the children cost
United States and of the           taxpayers because, as
State wherein they reside."        citizens, they have access to
Those who favor reform say         social services such as
illegal immigrants aren't          health care and welfare.
"subject to the jurisdiction"      There are a number of Arizona
of the U.S, so their children      taxpayer-funded services that
can't qualify for birthright       non-citizens are eligible for,
citizenship.                       such as public school. But
"The parents broke the law,"       only legal residents can get
Pearce said. "There are            food stamps, cash assistance
consequences of breaking laws.     under the needy-families
"                                  program, a driver's license
Rep. Richard Miranda, D-           and in-state college tuition.
Tolleson, said the                 Previous legislative efforts
Legislature should be working      in Arizona to change the way
to strengthen Arizona's            the state handles birth
economy, not bringing the          certificates have failed.
state more "ridicule and           In 2007, an initiative called
anger."                            the Birthright Citizenship
"We must act together to move      Alignment Act that would have
Arizona forward and not act        required hospitals to check
as individuals who seek to be      the citizenship of the
celebrities," he said.             parents of newborns failed to
Sen. Steve Gallardo, D-            make the ballot. In 2008,
Phoenix, compared the idea of      former state Sen. Karen
two birth certificates to the      Johnson, R-Mesa, proposed
days of "separate but equal."      asking voters to change the
"This takes us back to the         way the state issues birth
time when we had separate          certificates. Birth
drinking fountains ...             certificates would have still
swimming pools ... public          been given to children of
education, one for Black and       illegal immigrants, but the
one for White," he said.           certificates would have
Rep. Catherine Miranda, D-         stated "that the child was
Phoenix, compared the bill's       born to parents who were not
agenda to that of Nazi             in this country legally and
Germany.                           that the child is not
"Today in Arizona, thousands       eligible for benefits that
of Arizona mothers go to work      require United States
not knowing if they will           citizenship."
return to their families or        Pearce, a state
end up in deportation centers,     representative at the time,
" she said. "Who can doubt         was one of the sponsors. The
that we are experiencing a         bill was never given a
holocaust in Arizona."             committee hearing.            

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