Editorial: Quietly changing the Constitution

Wednesday, Dec. 14, 2005 | 8:04 a.m.

A measure that would withhold American citizenship from children who are born in the United States to illegal immigrants is gaining support among a growing number of conservative House Republicans.

They hope to add the provision to a broader immigration bill to be considered by the House this week. Proponents say too many illegals are crossing U.S. borders to deliver "anchor babies," so-called because these infants are automatically U.S. citizens who, when they are 18, can apply to bring in family members from other countries.

Such citizenry is a birthright afforded under the 14th Amendment, which was ratified in 1868. In giving former slaves U.S. citizenship, the amendment guarantees that "all persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States." The Supreme Court has routinely upheld the citizenship of U.S.-born children.

Rep. Tom Tancredo, R-Colo., claims that those who drafted the 14th Amendment did not intend for it to apply to illegal immigrants -- dragging out the same line used 10 years ago by supporters of the proposed Citizenship Reform Act of 1995, which also would have denied automatic citizenship for children born in this country. The measure died in committee hearings.

A recent Center for Immigration Studies report estimates that 25 percent to 30 percent of the nation's 35.3 million foreign-born residents are here illegally. There aren't any fast or easy solutions to the problem, but no part of U.S. immigration policy should include contradicting our constitutional history and traditions.

Tancredo's proposal to deny children born on U.S. soil their basic birthright of citizenship is mean-spirited and doesn't reflect America's history, promise or values.