ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Greg Siskind on Immigration Law and Policy

DEPORT PEARCE?

Rate this Entry

The State Representative in Arizona who brought us that state's business license law is separately promoting a proposal that would deny regular birth certificates to babies whose parents are unauthorized immigrants. According to the Arizona Republic, Pearce believes the measure would mean the children would not gain US citizenship and could be denied any benefits of being a citizen. Pearce apparently knows what he is doing is considered illegal by the courts:

Pearce acknowledged courts have ruled the 14th Amendment to the U.S.
Constitution, passed in the wake of the Civil War to provide equal
protection under the law, guarantees citizenship to anyone born in this
country.

So the measure would violate the US Constitution's Fourteenth Amendment. Doesn't that make Representative Pearce a law breaker. He did presumably swear an oath to uphold the Constitution and he is now conspiring to pass legislation mandating that Arizona hospitals violate the Constitution as well. And we need to rid the country of people who flout our laws, don't we? After all, that's the entire point the antis make every day.



I say to Representative Pearce, if you want to make law, do it the legal way. Get in line. Have Congress and 3/4 of the states pass an amendment barring birthright citizenship. Passing an illegal law is giving an unfair advantage to you over all those legislators around the country trying to change the Constitution the legal way.



Isn't it time to permanently exile Representative Pearce? </sarcasm off>

Submit "DEPORT PEARCE?" to Facebook Submit "DEPORT PEARCE?" to Twitter Submit "DEPORT PEARCE?" to Google Submit "DEPORT PEARCE?" to StumbleUpon Submit "DEPORT PEARCE?" to Reddit Submit "DEPORT PEARCE?" to Digg Submit "DEPORT PEARCE?" to del.icio.us

Tags: None Add / Edit Tags

Comments

Page 1 of 2 12 LastLast
  1. R. Lawson's Avatar
    You have a closing sarcasm tag without an opening tag. Bad mojo. Let me help you ;-)


    Insert sarcasm here


    Sorry, the geek in me couldn't resist.
  2. R. Lawson's Avatar
    yikes, my opening and closing tag was removed. Must have been interpreted as xml by your blog and ignored.

    Guess your blog has a sarcasm filter ;-)
  3. USC's Avatar
    "sarcasm"

    Actually, you make an excellent point. All poiticians who swear an oath to uphold the Constitution should be impeached/criminally prosecuted when they so blatantly violate it.
  4. rajeev's Avatar
    Now DMV's will need to start checking for immigration status as part of Real ID act according to this article:

    http://www.cnn.com/2008/US/01/11/real.id.ap/index.html
  5. TX's Avatar
    Rajeev, the article you posted is good news against Real ID. This thing was suppose to go into effect this year and now the Government realizes that's impossible so they extended the requirements till 2014. The original REAL ID mandatated that only a REAL ID could serve as official identification for federal purposes, such as boarding airplains, by May 2008. I am glad the Bush administration realized that deadline was unrealistic so now they extended it. Hopefully when we get a new administration in Jan 09 they can get rid of this stupid law altogether.
  6. The Avenger's Avatar
    Outstanding analogy! Hats off to Greg Siskind. By the way, whoever said in this blog that Arizona was a state of oakies... is absolutely right! I've lived 4 years in Phoenix and I'm finally getting the hell out. Finding people with retrograde ideas here is as common as finding cacti... hi Sheriff Arpaio!
  7. drew from immigrants list's Avatar
    Lawsom - Plus if you are you would technically be turning on sarcasm, not turning it off - i think its something of a double negative. It should just be:

    message

    (greg i think i posted this message like 4 months ago, so i apologize for a repeat)
  8. b's Avatar
    Roy, Roy, Roy, you manly spine. You know you have some unfinished business in another post (you know which) where you left huffing and puffing claiming you want to engage only in serious debate.

    Here you are trying to make silly jokes when you are unable to defend your main argument in the other post. Is this going to be a pattern now?
  9. mickey's Avatar
    I do not see anywhere in the 14th amendment where it mentions a birth certificate. Issueing a birth certificate is a state not federal function.
  10. The Avenger's Avatar
    Hey Mickey!!! so if citizenship is warranted by the constitution, how is not unconstitutional for a State to deny issuance of a birth certificate?
  11. Greg Siskind's Avatar
    Mickie - Equal protection clause. This is really not an area open to debate. If you want to deny birthright citizenship, you need a constitutional amendment. If you want to treat US citizens differently based on national origin, you violate the equal protection clause. The law is very settled in this area.
  12. Peter Pan's Avatar
    Pearce is logically correct. The 14th Amendment needs to be amended. Why should the child of illegal parents be given citizenship ?

    Hasn't this lead to the situation when the illegals during the LA rallies said that their children were citizens and so in a way they should be granted Amnesty ?

    On one hand you have a legal system of immigration via Family based and Employment based preferences, which due to a messed up Green Card system has lead to millions of "Waiting for GC" people. And on the other hand you have hundreds of illegals crossing each day, blending into American society, having kids who become citizens the day they are born !!

    Now either the Citizenship granted by the Amendment is a farce or the Legal system of immigration is a farce. Its high time for the next government to decide which needs to be cleaned up.

    Peter Pan.

  13. R. Lawson's Avatar
    "Lawsom - Plus if you are you would technically be turning on sarcasm, not turning it off - "

    I assume you put in xml tags - open and close - in your message also. Those tags are filtered from the blog so my post made no sense, which is also what occured to your post.

    To "b" - I made my points on the H-1b. Most of which have been debated ad nauseum. I'm sure you can find someone else on this blog to launch ad hominem attacks against. Good luck with that.
  14. The Avenger's Avatar
    Peter Pan, barring you being native american, your ancestors's US citizenship was a farce, hence yours is a farce too.
  15. Jack's Avatar
    I don't think it would be wise for the anti-immigration law enforcement crowd to play such a game. I bet the rule of law side would happily exile Pearce in exchange for the heads of the multitudes of state legislators who flouted IIRAIRA while voting for in-state tuition for illegal aliens. If it's a close call, that is one thing and the courts can decide but this was in direct violation of clear statutory language and legislative intent. Everybody knew that but went ahead and thumbed their nose at the Supremacy Clause. Even if I agreed with state legislation, I hate to see our system of government break down in this way. Like Greg says, do it the right way. Change the federal law or pass a state law which complies with it.
  16. Legal and no longer waiting's Avatar
    Avenger, interestingly enough, native Americans were not considered to be US citizens at the time the Constitution was written. So, no luck for Peter here, either.
  17. mickey's Avatar
    I said that it is NOT UnConstitutional for a STATE to Not Issue A Birth Certificate. I said WHAT US Code says that a STATE has to issue a birth certificate....

    Greg. please cite the US Code that requires the issueing of birthcertificates. (i don't have a federal birth certificate, perhaps someone broke the law?) Laws that do not exsist are best ignored.
  18. hmm's Avatar
    Mickey, did not Greg told you below that "If you want to treat US citizens differently based on national origin, you violate the equal protection clause"? Imagine your (US born) child is denied birth certificate for the sole reason that he is a son of Mickey. That would be discrimination (of your child). It matters not whether you did anything illegal.. your (US born) child is still a citizen and thus cannot be discriminated against.
  19. mickey's Avatar
    HMM did I not ask Greg to cite the specific code the state would violate if it did not issue the certificate. I am not saying (and the state in question) is not saying that they are NOT citizens, all I am saying is the STATE does not have to issue a birth certificate. YOU can look and look and you will NOT find in the 14th amendment 'states must issue birth certificates'. It aint in there.!
  20. mickey's Avatar
    HMM did I not ask Greg to cite the specific code the state would violate if it did not issue the certificate. I am not saying (and the state in question) is not saying that they are NOT citizens, all I am saying is the STATE does not have to issue a birth certificate. YOU can look and look and you will NOT find in the 14th amendment 'states must issue birth certificates'. It aint in there.!
Page 1 of 2 12 LastLast
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: