Ending Birthright Citizenship Would Be Unconstitutional, Impractical, Expensive, Complicated and Would Not Stop Illegal Immigration
Anti-immigrant groups and legislators have persisted in their attempts to restrict or repeal birthright citizenship in State Houses and the U.S. Congress. Several bills have been introduced that would deny U.S. citizenship to children whose parents are in the U.S. illegally or on temporary visas. The Fourteenth Amendment to the Constitution - the cornerstone of American civil rights - affirms that, with very few exceptions, all persons born in the U.S. are U.S. citizens, regardless of the immigration status of their parents. Following the Civil War and the emancipation of the slaves, the Fourteenth Amendment restated the longstanding principle of birthright citizenship, which had been temporarily erased by the Supreme Court's "Dred Scott" decision which denied birthright citizenship to the U.S.-born children of slaves. The Supreme Court has consistently upheld birthright citizenship over the years. The following fact sheet is adapted from the Immigration Policy Center’s Made in America: Myths and Facts About Birthright Citizenship.
On April 29, 2010, Democratic Senators Schumer, Reid, Menendez, Feinstein, and Leahy unveiled a proposed outline for a comprehensive immigration reform bill. The “conceptual framework” offers a broad platform for re-inventing our immigration system and attempts to find a middle ground that may appeal to more conservative Democrats and moderate Republicans. Consequently, details are noticeably lacking in many areas of the proposal. Nonetheless, the underlying concept reflects a more comprehensive approach to immigration reform which attempts to balance traditional enforcement priorities with the creation of legal means for entering and working in the United States. Read more...
Reforming our broken immigration system will require us to transform our family-based immigration system, clear out the backlogs, recapture unclaimed family-based visas, reset numerical caps and allow law-abiding families to reunite with loved ones in a humane and reasonable timeline. This paper lays out the key principles for family immigration within the context of comprehensive immigration reform.
According to a new study by UCLA’s Dr. Raúl Hinojosa-Ojeda, Raising the Floor for American Workers: The Economic Benefits of Comprehensive Immigration Reform, legalizing undocumented workers through comprehensive immigration reform would yield $1.5 trillion to the U.S. GDP over a ten year period, generate billions in additional tax revenue and consumer spending and support hundreds of thousands of jobs. The report, which runs several different economic scenarios, finds that enacting a comprehensive immigration reform plan which creates a legalization process for undocumented workers and sets a flexible visa program dependent on U.S. labor demands not only raises the floor for all American workers, but is an economic necessity.
Most Americans want immigrants to fully integrate in the U.S., and most immigrants want to be Americans and fully participate in social and civic life. We can expect naturalization and integration programs to be an important part of comprehensive immigration reform. Immigrant integration benefits everyone because it enables immigrants to realize their full potential, contribute more to the U.S. economy, and develop deeper community ties. While the United States encourages legal permanent residents to become citizens, there is no national strategy for facilitating integration and insufficient infrastructure to facilitate a smooth transition from immigrant to citizen. Failure to address this problem in the context of comprehensive immigration reform could lead to endless delays for the millions who currently seek services from USCIS and the millions more who will become part of the applicant pool following legalization.
The data analyzed in IPC's latest Special Report, Economic Progress via Legalization, indicates that unauthorized immigrants who gained legal status in the 1980s through the legalization provisions of the Immigration Reform and Control Act (IRCA) experienced clear improvement in their socioeconomic situation. Between 1990 and 2006, the educational attainment of IRCA immigrants increased substantially, their poverty rates fell dramatically, and their home ownership rates improved tremendously. Moreover, their real wages rose, many of them moved into managerial positions, and the vast majority did not depend upon public assistance. The findings presented in this report support the notion that legalization of unauthorized immigrants can play a role in promoting economic growth and lessening socioeconomic disparities. Reforming our immigration system is not an obstacle to getting our economy back on track—it is part of the solution.
While some characterize our immigration crisis as solely an issue of the 11 to 12 million unauthorized immigrants living in this country, our problems extend beyond the number of undocumented people to a broader range of issues.
The public debate over immigration reform, which all too often devolves into emotional rhetoric, could use a healthy dose of economic realism. As Congress and the White House fulfill their recent pledges to craft immigration-reform legislation in the months ahead, they must ask themselves a fundamental question: can we afford any longer to pursue a deportation-only policy that ignores economic reality?
America’s immigration laws are some of the most complex and archaic provisions that can be found in the U.S. statutes. The Immigration and Nationality Act of 1952 (INA) rivals the tax code in the level of detail, confusion, and absurd consequences produced by years of layering on provisions without systematically reviewing their results. Since the 1960s, Congress has periodically overhauled the INA, but has tended to focus on one hot-button issue at a time, resulting in a patchwork of outdated laws that fail to reflect the realities of 21st century America. The necessity of comprehensive immigration reform stems from years of neglect and failure to respond to incompatible interactions between different parts of the system, resulting in breakdowns that have crippled our ability to regulate immigration adequately, protect our borders, reunite families, and foster economic opportunity.