January 27, 2011
U.S. Sens. Vitter, Paul Introduce Birthright Citizenship Legislation
Constitutional amendment would resolve 14th amendment issue
(Washington, D.C.) - U.S. Sen. David Vitter (R-LA) and U.S. Sen. Rand Paul (R-KY) this week introduced a resolution that would amend the Constitution so that a person born in the United States to illegal aliens does not automatically gain citizenship unless at least one parent is a legal citizen, legal immigrant, active member of the Armed Forces or a naturalized legal citizen.
Here is the relevant text of Vitter's proposal from 2009:
‘Article--
‘A person born in the United States shall not be a citizen of the United States unless--
[...]
‘(2) one parent of the person is an alien lawfully admitted for permanent residence in the United States who resides in the United States;
http://blogs.westword.com/...
But as it turns out, while Malkin automatically became a citizen under the Fourteenth Amendment when she was born in Pennsylvania forty years ago to parents who were Philippine citizens -- her parents (a physician and a teacher) were also here legally on an employer-sponsored visa.
It has been asserted by right-wingers in the past that Michelle Malkin would not qualify for their definition of an "anchor baby" because her parents were here legally. True as that may be, they were still in the US on temporary worker visas. According to the definition offered by Sen. Vitter's proposed amendment, she would not have been entitled to birthright citizenship.
It is entirely possible that were it not for the 14th Amendment as it is currently written, Malkin might not be in this country today as a naturalized citizen. Hell, she might have very well been deported when her parents' visas expired. Of course it is also possible that she would have been naturalized after being born, but there's no guarantee for that.
If Ms. Malkin were to confront the issue honestly she would realize that denying citizenship to persons born on US soil based on any technicality is absurd. I wonder if she will try to convince Senators Paul and Vitter to add a bullet point for those born to parents in the US on work visas?