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Proposed Immigration Legislation Challenges U.S. Constitution by Eliminating Birthright Citizenship to Babies Born to Undocumented
LULAC condemns House leaders for introducing bills that destroy a system of integration, create a permanent underclass of children and revert the American way of life to an era of systemic oppression

December 8, 2005

Contact: Brenda Alvarez, (202) 833-6130

Washington, DC – The League of United Latin American Citizens (LULAC) condemned today House leaders for introducing a series of immigration proposals that have taken an illegal, radical and cruel turn in immigration reform – eliminating birthright citizenship to babies born to undocumented parents. 

Bills that contain language to eliminate birthright citizenship include:  “The Reducing Immigration to a Genuinely Healthy Total (RIGHT) Act” introduced by Rep. Tom Tancredo (R-CO); the “Citizenship Reform Act” introduced by Rep. Nathan Deal (R-GA); and the “Enforcement First Immigration Reform Act” introduced by Rep. J.D. Hayworth (R-AZ). 

The latest attack on immigration by House leaders challenges the U.S. Constitution, which the Supreme Court has upheld this basic right for more than 150 years.  The 14th Amendment codifies that “all persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States.”  Rights and safeguards guaranteed under the 14th Amendment prohibit the government from depriving citizens of due process of law, guarantee citizens equal protection, and extend citizenship and voting rights to persons born in the U.S.   

Historically, the 14th Amendment was designed to protect the rights of Southern blacks and restrict the political power of former Confederates. It added into the Constitution the definition of U.S. citizenship that was enacted in the Civil Rights Bill; barred states from abridging “the privileges or immunities of citizens” or depriving “any person of life, liberty or property without due process of law”; encouraged Southern states to allow blacks to vote; barred former officials who had rebelled against the Union from holding public office; and repudiated both Confederate war debts and claims of former slaveholders to compensation for the loss of their slaves. 

“The U.S. Constitutions is clear and any measure that strips the citizenship of anyone born in the United States is unlawful and damaging to the structure of the United States,” said Brent Wilkes, executive director of LULAC.  “America has had a long trajectory of integrating newcomers into this country, which creates a sense of belonging, pride and the ability to become productive members of society.  These bills will destroy that system of integration and instead create a new, permanent underclass of children.”  

Wilkes continued:  “Punishing children in the name of immigration reform is a poor and unlawful attempt to resolve very real immigration challenges, and it reverts the American way of life to an era of systemic oppression.  No U.S. law currently on our books punishes children for their parent’s lawbreaking.  All Children born in the United States should be treated equal under the law.” 

LULAC strongly opposes bills that offer no real solutions toward comprehensive immigration reform and jeopardizes the quality of life by creating an unfair system that punishes children.  

The League of the United Latin American Citizen (www.lulac.org) advances the economic conditions, educational attainment, political influence, health and civil rights of Hispanic Americans through community-based programs operating at more than 700 LULAC councils nationwide. 

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