Republican Congressman Gary Miller of California is pushing legislation, HR 994 appropriately named "The LEAVE Act", that would change Jus Soli - our 14th Amendment's Birthright Citizenship clause. Like numerous countries around the world and most countries in our Western Hemisphere, the U.S. utilizes Jus Soli -birthright citizenship as our means to define citizenship. Some countries, including Germany and France, utilize Jus Sanguinis - based on blood or race.
Congressman Miller wants to change the Constitution to define citizenship as Jus Sanguinis (based on blood). The details of his recommended changes are: At least one parent has to be a citizen of the US, or a permanent resident whose residence is in the US, or an alien performing active service in the Armed Forces. The change would primarily impact the children of visitors, illegal immigrants - particularly single mothers, and children of citizens whose primary residence is not in the US. Miller adds an odd clause at the end of this section. It says: The amendment made by subsection shall not be construed to affect the citizenship or nationality status of any person born before the date of the enactment of this Act. This is odd because it is set apart from the rest of the amendment which means this section could be easily amended (as most bills are before final signature) to exclude this clause or change the date (retroactive) of this clause.
Jus Sanguinis been highly criticized by some on the grounds that, if it is the only means, and were a group of immigrants to intra-marry, it could lead to generations of people living their whole lives in the state without being citizens of it likening their status to an homo sacer, deprived of any civil rights.
Readers: HR994, the LEAVE Act is much more robust than just this birthright citizenship clause. It is all encompassing and worse than sb1070. The good news is, it is so obtuse, it will probably never see the light of day. I have not read it completely yet but it criminalizes home/property ownership, friends and family, encourages citizens to sue Dream Students, or anyone; increases detention time; encourages the building of more private prison detention centers; the end of sanctuary cities; centralized private prisons in each state; reimbursement by homeland security to each state; this is a gold mine for the private prison industry. It also talks about the the establishment of a "Training Manual and Pocket Guide" and establising a political subdivision (an entire slew of contractors for this subdivision) to train all law enforcement. Sounds like another crony contract costing billions. This is all paid back to states by the dept. of homeland security. It seems like that was the training guide used by Kris Kobach of the Hate Group FAIR when he trained Arpaio's goons. Please go to this section of the bill and read this yourselves. HR994SEC. 909. TRAINING OF STATE AND LOCAL LAW ENFORCEMENT PERSONNEL RELATING TO THE ENFORCEMENT OF IMMIGRATION LAWS.
Go to Thomas
In the center SEARCH section enter: Birthright Citizenship (enter)
The 1st bill on the list is: HR994 (click on the highlighted hr994)
Click on "Text of Legislation"
Go to Title III -- Birthright Citizenship, Section 301 Citizenship at Birth..
Go to Title IX, Sec 909 -- Training of State & Local Law Enforcement