Proposed Arizona Law Violates the Constitution

By Ali Sprott-Roen
Impunity Watch Reporter, North America

(courtesy of The Huffington Post)
(courtesy of The Huffington Post)

ARIZONA, United States – Arizona State Senator Russell Pearce, who was the force behind the passage of Senate Bill 1070, now intends to propose a law that will deny citizenship to children born in the U.S. to illegal immigrants.

Such children are often called “anchor babies” which is a derogatory term referencing the role of a naturalized child in facilitating the legal immigration of the child’s parents. Pearce has stated his belief that “anchor babies are an unconstitutional declaration of citizenship to those born of non-Americans. It’s wrong, and it’s immoral.”

However, contrary to Pearce’s belief, the 14th amendment to the constitution states that “all persons, born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.”

Despite this fact, Pearce and his fellow Arizona republican representatives will likely introduce legislation this fall that will deny birth certificates to children born in Arizona, and therefore American citizens under the Constitution, to parents who are not legal U.S. citizens.

In addition to violating the 14th Amendment, those who oppose the proposed legislation also say it would increase discrimination and create deeper divides in the community.

The bill is expected to end up in front of the U.S. Supreme court before enactment. In light of the decision in United States v. Wong Kim Ark, which confirmed that individuals born in the U.S. are citizens regardless of their parents’ nationality, constitutional law experts anticipate that federal judges will strike it down as facially unconstitutional.

For more information, please see:

Time – Arizona’s Next Immigration Target: Children of Illegals – 11 June 2010

azcentral.com – Arizona immigration law sponsor Russell Pearce thrusts state into political storm – 6 June 2010

LA Progressive –  Arizona Anti-Immigration Senator Going After ‘Anchor Babies’ Next – 25 May 2010

the raw story –  Author of Arizona law plans to target immigrants’ children – 12 June 2010

Mediaite – Report: Arizona State Senator to Target ‘Anchor Babies’ Next? – 21 May 2010

Author: Impunity Watch Archive