PHOENIX — The Arizona state senator who wrote the nation’s toughest law against illegal immigrants said Tuesday that he and 13 other state lawmakers are collecting support from legislators to challenge automatic U.S. citizenship to the children of illegal immigrants.
Sen. Russell Pearce’s target is the U.S. Constitution’s 14th Amendment.
“This is a battle of epic proportions,” the Republican said during a news conference at the Arizona Capitol. “We’ve allowed the hijacking of the 14th Amendment.”
Pearce declined to say how the legislation will differ from similar measures that have been introduced in each two-year congressional session since 2005. None of them made it out of committee.
He and another Arizona lawmaker did argue that wording in the amendment that guarantees citizenship to people born in the U.S. who are “subject to the jurisdiction” of this country does not apply to the children of illegal immigrants because such families don’t owe sole allegiance to the U.S.
Supporters cite costs to taxpayers for services provided to illegal immigrants and their children.
There are two ways to change the Constitution and both are difficult. One requires approval by two-thirds majorities in both chambers of Congress. The other, which has never been used, is for two-thirds of state legislatures to call for a constitutional convention. Either requires ratification by three-fourths of state legislatures.
Staff at the office of Pennsylvania state Rep. Daryl Metcalfe, the founder of a national group of legislators critical of illegal immigration, said lawmakers in at least 12 other states besides Arizona and Pennsylvania were planning their own announcements about working on the citizenship legislation: Alabama, Delaware, Idaho, Indiana, Michigan, Mississippi, Montana, Nebraska, New Hampshire, Oklahoma, Texas and Utah.
