A bid to deny citizenship to the children of illegal immigrants faltered Monday when proponents could not get the votes of a Senate panel.
After more than three hours of testimony at the Senate Judiciary Committee, Sen. Ron Gould, R-Lake Havasu City, yanked the two measures from consideration. Gould told Capitol Media Services he could not get the backing of four other members of the Republican-controlled panel, which he chairs.
Gould said, though, he is not giving up. And Senate President Russell Pearce, R-Mesa, said that, if necessary, he will reassign the proposal to a more friendly committee.
The failure of the measures came despite Gould allowing a Chapman University law professor to argue for more than an hour that there is no legal basis for the current practice of giving citizenship to all children based on the location of their birth. John Eastman said passing the two measures proposed by Gould would finally give the nation's high court a chance to address squarely the scope of the 14th Amendment.
It says that children born in this country and "subject to the jurisdiction thereof'' are considered U.S. citizens.
Gould and Pearce contend that was never the intent of the crafters of the measure approved after the end of the Civil War. Instead, they said is was solely to clarify that former slaves and their children were entitled to citizenship despite a pre-war Supreme Court decision declaring the contrary.
One proposal would define Arizona citizenship -- and, by extension, U.S. citizenship -- as linked to having at least one parent who can prove U.S. citizenship or permanent legal residency. The other would set up a system where birth certificates were marked as to whether they prove citizenship, with states agreeing to honor each other's notations.
Even before any testimony, Sen. Adam Driggs, R-Phoenix, said the proposal, based on that idea of Arizona citizenship, raises a host of unanswered questions.
"I don't understand how you become an Arizona citizen if you move to Arizona, what the bureaucratic model would be,'' he said. "Do you then need to bring your own birth certificate and both of your parents' birth certificates?''
There also were a parade of children opposed to the bill, including 12-year-old Heide Portugal who said she was born in this country but her parents were not and that a measure like this, had it been in effect, would have denied her citizenship.
But the proposals also drew opposition from the business community.
Kevin Sandler, president of Exhibit One, openly worried about the message that adopting such a law would send.
Sandler said his firm, which provides audio-visual equipment to courts across the nation, had to lay off six employees after some out-of-state firms boycotted Arizona businesses after lawmakers adopted SB 1070 last year. That measure gives police more power to detain illegal immigrants.
Sandler said, though, another boycott is just a part of the problem.
"We've created a toxic environment,'' he told lawmakers. "Businesses don't want to move here.''
He said companies looking to relocate pay attention to the political climate in a state.
"What we've really done is create a not-open-for-business environment here,'' Sandler said.
And Glenn Hamer, president of the Arizona Chamber of Commerce and Industry, told legislators they should not take up this fight and instead leave the question of citizenship where it belongs: in Congress.
Aside from Eastman, all of the testimony against the measures was in opposition.
Latino activist Salvador Reza said the debate over which children are entitled to legal recognition is "not very dissimilar to the debate that happened in South Africa not to long ago, not very dissimilar or different from the debate that happened in Nazi Germany not too long ago.''
"Young kids like this were denied citizenship for whatever reasons,'' Reza said.
Jennifer Allen, executive director of the Border Action Network, said denying citizenship to children born in this country based on a parent's citizenship would create "a permanent underclass'' of people in the state.
Masterrogue666 posted at 8:19 pm on Thu, Feb 10, 2011.
ernie13x: Where is a person's race mentioned? Why do supporters continue to try to play the "race" card? I've seen be being played for years now. It's never been about race....
ernie13x posted at 7:44 pm on Wed, Feb 9, 2011.
They've created a not-for-anyone-but white environment here. BTW, I'm a home-grown American. I served my Country. I'll reside anywhere I freaking want to. Arizona, Alaska, New York. That's just the way that's going to be. If I was willing to fight for my Country on foreign soil, I'll fight these Nazi bigots on American turf. If they don't like it, THEY can leave. I sure as he** wish they would!
Freethinker posted at 8:01 am on Wed, Feb 9, 2011.
Thank you, Dale Whiting!
The fact that the only rebuttals to the legitimate posts here that you can manage to cobble together are full of baseless personal attacks speaks VOLUMES about the credibility of your side of the issue.
Thank you again for exposing your ignorance and bigotry for all to see.
EmperorSmith posted at 2:37 pm on Tue, Feb 8, 2011.
my land, dig for gold drill for oil scrap of uranium, put a windmill. It is here do it. think about middle east
Thank you
RollerCam posted at 1:17 pm on Tue, Feb 8, 2011.
A popular TV show asks: "Are You Smarter Than A Fifth Grader?"
So... I ask you this: Is the USA smarter than the rest of the world?
Do you think that the vast majority of all countries on Earth allow anyone who drops a baby on their soil to have INSTANT CITIZENSHIP?
Not only, NO, but HELL, NO!
Hooray for Ron Gould. I'm putting him in the "Good Politician" category.
EmperorSmith posted at 11:28 am on Tue, Feb 8, 2011.
You must really like me Dale. What Rich mentioned, housing market and business moving is a worth wild point to consider.
I think a constitutional convention should be called to settle the matter. I do not think anyone would think this law would make it (at least I hope).
Dale Whiting posted at 10:24 am on Tue, Feb 8, 2011.
Where people once speculated that being simple minded meant having an inherent simply, easy going peaceful attitude about life, as judged from the simple minded comments above, and measured by the attendant vitriol, being simple minded in a complex age causes anger. Perhaps politics is different, or the sample size is too small and tainted by self-selection.
DAVKAY1 posted at 5:30 am on Tue, Feb 8, 2011.
VERY DIS APPOINTED THIS DID NOT MAKE IT.! WE SURE NEED THIS AT LEAST ONE KIND OF LEGISLATION PASSED. WITH AT LEAST (ONE) PARENT BEING AN UNITED STATES CITIZEN.! THEM GIVE THE OTHER PARENT (ONE) YEAR TO BECOME AN AMERICAN CITIZEN. IF NOT THEN SENT THEM ALL HOME. WHERE/EVER THAT MIGHT BE. THIS IS NOT ABOUT MEXICO; THIS IS ABOUT (ILLEGAL) ILLEGAL IS ILLEGAL.
Rich posted at 12:43 am on Tue, Feb 8, 2011.
So far, my pocketbook thanks you. So maybe a few jobs? Maybe a little help in the real estate market? I mean you got the time? I realize windmills are perilous and jousting them is dangerous, but like a few minutes a day maybe, you could devote to reality?
AzBimale posted at 11:55 pm on Mon, Feb 7, 2011.
Heck yes! Pass the Bill already! Not born in Arizona? You can't be a legal citizen of Arizona. I have a Great Grand Father born here! This Law would send all of you easterners BACK HOME!
The corruption in all levels of our state would stop overnight. The mormons from colorado wouldn't be able to abuse my beloved state.
No more californians could work here unless they paid higher taxes for using our great state, then take the states money and spend it in a liberal state such as california, same goes for Nevada, Colorado, Utah.
Stay out of My State! Nevada, you voted for a liberal. Stay there, and ask Reid for a job!
They should pass another Law, Not born here in Arizona, Then you can't legally hold a place in Office for the State or any city.
Get Out Of My State!
Granny came here from the north to come to sun city?
Kick her back to the north! You didn't pay taxes here? And now you're looking to bog our hospitols down with your welfare aide?
GET OUT OF MY STATE!
billyg posted at 11:14 pm on Mon, Feb 7, 2011.
Way to compare this with bill Nazi Germany, latino activist Salvador Reza. Because of that, Godwin's law states your argument automatically fails and anything you say after that is meaningless.
Freethinker posted at 10:56 pm on Mon, Feb 7, 2011.
Here's an idea!
Let's get the government to enforce the Constitutional Law they have been conveniently either ignoring or blatantly disobeying.
Article IV
The United States shall guarantee to every state in this union, a republican form of government, and shall protect each of them against invasion
And hold the government accountable for this...isn't breaking an oath to uphold and protect the Constitution considered treason?
ARIZONAMAN posted at 10:37 pm on Mon, Feb 7, 2011.
Well it's about time we stop turning our heads the other way. Immigrants have been manipulating our amendments laws and constitution for long enough now it's time to put a stop to all the loopholes and make everything clear and concise as well as uncontendable for any kind of "misunderstandings" about what our laws really mean. I say bravo for addressing the issue and long live America! Keep pushing forward. . . Amen!!!!
Slabside posted at 6:50 pm on Mon, Feb 7, 2011.
Keep up the good work and try again.