(SIOUX CITY, IA) Iowa Representative Steve King wasted no time introducing "The Birthright Citizenship Bill of 2013" He first proposed the legislation in 2011, and this session, the Republican is hoping to bring it back to life.
But, King wants to amend a section of the "Immigration and Nationality Act" which could eventually lead to a battle in the Supreme Court.
Amending the U.S. constitution is not an easy task.
"The 14th amendment says, no matter how you got here, if you were born on American soil, you become a U.S. citizen just by birth, in the U.S. It's a one clear definition that the constitution affords to citizenship," says Heidi Oligmueller, a Immigration Attorney at the Mary J. Treglia Community House in Sioux City.
That's why Iowa Representative Steve King is looking to amend section 301 of the "Immigration and Nationality Act" instead by quote - "clarifying those classes of individuals in the United states who are Nationals and citizens of the U.S. at birth."
When he first introduced the legislation two years ago King said,
"As a result of this perverse incentive, an entire 'anchor baby' industry has developed which exploits a legal loophole caused by a misinterpretation of the Constitution. Many of these illegal aliens are giving birth to children in the United States so that they can have uninhibited access to taxpayer funded benefits and to citizenship for as many family members as possible."
"The perceived benefit of coming here and having a baby and getting some sort of immediate path to residency to citizenship just doesn't exist," says Oligmueller.
She says it can take decades before a child can legally petition for their parents' citizenship. But she agrees immigration policy needs to be reformed, just not this way.
"It's a system that's flawed, that needs work, and anything that can be done to help alleviate the burdens on either side is beneficial for everyone involved. The 14th amendment was ratified in 1868; I don't think it's the place to start," she says.
"I think a lot of this is about coalition management, and keeping his electoral base happy. And again, we've seen it before, he's done it several terms, and he'll do it from here on out until it actually passes or he leaves the chamber," says Dr. David Wiltse, a Political Science Professor at Briar Cliff University.
"Progress Iowa" - an activist group - released a statement today, basically saying that no baby born in the U.S. is an "anchor" and shouldn't be deprived of their rights because of their parent's choices. The group also feels the bill directly contradicts the 14th amendment.
Hleigh@siouxlandnews.com
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