The latest in Arizonas crackdown on illegal immigrants focuses on what some refer to as
anchor babies a label that describes children born in the U.S. to illegal immigrants.
Next on the agenda for
border security in Arizona is a bill that would deny birth certificates to children born in the U.S. whose parents are not legal U.S. citizens.
Spurred on by the recent public opinion polls that show support for the recently passed SB 1070 -- a law that allows police offers to ask about anyones immigration status under reasonable suspicion, the bill targeting anchor babies is primarily authored by Arizona state
Sen. Russell Pearce (R),one of the leading authors of
SB 1070.
While the initial bill requires adult migrants to have proof of their citizenship, the planned anchor baby bill would prevent the next generation from ever being able to obtain it, in an attempt to make the
citizenship process difficult enough to make illegal immigrants pull up the "anchor" and leave.
However, the planned bill raises questions on its constitutionality in particular, whether it goes against the 14th Amendment. The amendment states that "all persons, born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States."
Originally, the amendment was intended to provide citizenship for freed slaves and also served as a final answer to the Dred Scott case, which spelled out the federal governments authority over citizenship.
Pearce, however, says the 14th Amendment has been "hijacked" by illegal immigrants.
"They use it as a wedge,"
Pearce said. "This is an orchestrated effort by them to come here and have children to gain access to the great welfare state we've created."
Though Pearce said he is aware of the constitutional challenges that will be raised, he vowed to introduce it despite the obstacles.
"We will write it right," he said.
Pearce draws support from feedback on
public polls according to a Rasmussen poll, 58% of Americans polled think illegal immigrants whose children are born here should not receive citizenship 76% among Republicans polled.
Opponents of the bill say it would lead to further discrimination and division in the community.
Susan Vie, a Phoenix resident who leads a citizen group opposing the ballot initiative, says she sees a lot of hate and racism behind it.
"Consequently, I believe it will create and it's creating it now a separation in our society, said Vie, who moved to the U.S. 30 years ago from Argentina and became a naturalized citizen. "When people look at me, they will think, 'Is she legal or illegal?' I can already feel it right now."
The citizen imitative proposed by Vies group would prohibit SB 1070 from taking effect and place a
three year moratorium on any related laws, including the anchor baby bill, in order to buy more time for immigration reform at the federal level.
The group is currently working to collect 153,365 signatures by July 1 to qualify for the Nov. 2 general election.
Despite opposing viewpoints, both sides expect the anchor baby bill to go before the U.S. Supreme Court before it is enforced.
"I think it would be struck down as facially unconstitutional. I can't imagine a federal judge saying this would be OK," said Dan Barr, a longtime Phoenix lawyer and constitutional litigator,
in an interview with Time Magazine.
Though SB 1070 is set to on July 29, the bill may also end up before the Supreme Court, with five courtroom challenges filed against it to date. Senator Pearce, however, says he will win them all.
