澳彩开奖

Altering the 14^th Amendment鈥檚 promise of citizenship to all children born within the United States would undermine one of our nation鈥檚 bedrock principles and risk creating a new population of second-class citizens, 澳彩开奖 President Richard Cohen told members of Congress today.

In testimony submitted to the House Subcommittee on Immigration and Border Security, Cohen said the Citizenship Clause of the 14^th Amendment 鈥渨as intended to put the issue of birthright citizenship beyond the reach of congressional legislation.鈥�

The immigration subcommittee, headed by Republican Rep. Steve King of Iowa, held the hearing to examine whether birthright citizenship should be altered either by legislation or constitutional amendment.

The 14^th Amendment, enacted in the wake of the Civil War, overruled the U.S. Supreme Court鈥檚 infamous Dred Scott decision and ensured that former slaves and their descendants were U.S. citizens. Some legal scholars have argued, contrary to Supreme Court rulings, that the amendment was not intended to grant citizenship to everyone born on U.S. soil, in particular the children of undocumented immigrants.

Cohen, however, noted that the intent was never in doubt 鈥� that it applied to anyone born within the geographic boundaries of the country. 鈥淭he congressional debate surrounding the Citizenship Clause makes it absolutely clear that its reach was never intended to be limited solely to those persons previously held in servitude,鈥� Cohen said.

Cohen noted that 鈥渢here has been tension in our country鈥檚 history between the egalitarian principle underlying the Constitution鈥檚 birthright citizenship clause and our nation鈥檚 immigration policy,鈥� which 鈥渁ll too often, has been animated by distinctions based on race and ethnicity.鈥�

鈥淭oday, we are witnessing another backlash to our nation鈥檚 changing demographics and are engaged in serious debates about our immigration policy,鈥� Cohen said. 鈥淩egardless of one鈥檚 position on immigration policy questions, the sanctity of the birthright citizenship clause should not be disturbed.鈥�

Cohen told the story of 澳彩开奖 client Wendy Ruiz, the daughter of undocumented farmworkers in Florida. Ruiz was born and raised in Florida. But when she applied for college, she was charged out-of-state tuition 鈥� more than triple the in-state rate 鈥� simply because her parents were undocumented.

In 2012, a federal court recognized the rights of Ruiz and other children of undocumented parents, holding that demanding higher tuition was against 鈥渁 fundamental principle of American jurisprudence,鈥� that children should not be punished for the actions of their parents. The ruling opened the door to a higher education to thousands of children in Florida. Now, Ruiz has obtained an associate degree and is continuing to pursue her education.

Last Fall, Ruiz spoke at the Dexter Avenue King Memorial Baptist Church in Montgomery, Alabama, the church where Dr. Martin Luther King Jr. and his allies launched the modern civil rights movement.

鈥淲endy told a deeply American story,鈥� Cohen told lawmakers during his oral testimony. 鈥淪he talked about the struggles of her farmworker parents; she talked about her determination to get an education; she talked about her dream of becoming a lawyer so she could give back to the community.

鈥淚t is simply inconceivable to me that our country would deny the blessings of citizenship to the Wendy Ruizes of the world. Our immigration system may be broken; but we should resist calls to roll back birthright citizenship clause in an effort to fix it. The clause expresses a fundamental principle of our democracy 鈥� that there are no second-class citizens; that all persons born in this country, regardless of the status of their parents, are equal citizens under the law.鈥�

Read Cohen's oral testimony below:聽

Oral Testimony of 澳彩开奖 President Richard Cohen before the House Subcommittee on Immigration and Border Security

April 29, 2015

Thank you, Mr. Chairman and members of the committee. It鈥檚 an honor to be here today.

Birthright citizenship is a core constitutional value enshrined in the first sentence of the Fourteenth Amendment. With the exception of children of diplomats, members of Indian tribes, and hostile enemy occupiers, the birthright citizenship clause provides that all children born in this country are citizens, entitled to the full blessings of our democracy.聽The immigration status of their parents is simply irrelevant. 聽

The view of birthright citizenship that I鈥檝e just expressed is compelled by the plain language of the Fourteenth Amendment, by its legislative history, and by Supreme Court precedent.聽Those offering a contrary view must bear a heavy burden of persuasion.

The birthright citizenship clause provides that 鈥渁ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.鈥澛燨n its face, the clause makes no distinction on the basis of one鈥檚 parents鈥� immigration status.聽From a commonsensical point of view, children born in this country are 鈥渟ubject to the jurisdiction鈥� of the state. They must obey our laws; they must pay taxes if they earn income; they can be jailed or removed from their homes and placed in foster care.

In the seminal case of Wong Kim Ark, the Supreme Court made it clear that the聽blessings of birthright citizenship do not turn on the immigration status of one鈥檚 parents.聽As the committee knows, that case concerned the status of someone born in this country to Chinese parents.聽Under the law at that time, his parents were ineligible for citizenship.聽The Court pointedly noted that they were 鈥渟ubjects of the emperor of China.鈥澛燦evertheless, the Court ruled that Wong Kim was 鈥渟ubject to the jurisdiction鈥� of this country under the Fourteenth Amendment and, therefore, a citizen by virtue of having been born here. 聽

The legislative history of the Fourteenth Amendment powerfully supports this understanding.聽During the debate over the proposed Amendment in the Senate, Senator Cowan focused on Gypsies in an effort to persuade his colleagues not to support birthright citizenship.聽He described Gypsies as pariahs; he said that they were, and this is a quote, 鈥渢respassers wherever they go.鈥� [Cong. Globe, 9th Cong. 1st Sess. 2890-91.]

鈥淭respassers鈥� 鈥� that鈥檚 about as close as it gets in 1866 to so-called illegal immigrants.

No one in the Senate took issue with Senator Cowan鈥檚 stereotypic depiction of Gypsies.聽No one claimed that they weren鈥檛 trespassers.聽But what other Senators did make clear was that the birthright citizenship clause would confer citizenship on the children of Gypsies.聽The Supreme Court in Wong Kim Ark took note of this fact.

The Wong Kim Ark Court emphasized that the Fourteenth Amendment鈥檚 grant of birthright citizenship is very broad. The Court also emphasized that while Congress may have plenary authority over immigration, including the authority to legislate against those who are unpopular, it is powerless to limit birthright citizenship by ordinary legislation. The only way that can be done is by constitutional amendment.聽That is the course that those who oppose birthright citizenship must pursue.

Let me use one of our cases to illustrate why I hope that those who want to change the constitution will not be successful.

Recently, we had the privilege of representing a young woman named Wendy Ruiz.聽Wendy was born in Florida and has lived there all her life.聽聽But the state refused to grant her in-state tuition because she could not prove her parents immigration status.聽We sued the state and won.聽In its opinion, the Court, citing Plyler, stated that 鈥渙bviously no child is responsible for his birth and penalizing the 鈥� child is an ineffectual 鈥� as well as unjust 鈥� way of deterring the parent.鈥�

Last fall, after attending college for two years, Wendy spoke at the Dexter Avenue Baptist Church.聽That鈥檚 the church from which Dr. King and his allies launched the modern civil rights movement.聽Wendy told a deeply American story.聽She talked about the struggles of her farmworker parents; she talked about her determination to get an education; she talked about her dream of becoming a lawyer so she could give back to the community. One day, I hope she gets to testify before you.聽

It is simply inconceivable to me that our country would deny the blessings of citizenship to the Wendy Ruizes of the world. Our immigration system may be broken; but we should resist calls to roll back the birthright citizenship clause in an effort to fix it.聽The clause expresses a fundamental principle of our democracy 鈥� that there are no second-class citizens; that all persons born in this country, regardless of the status of their parents, are equal citizens under the law.聽

Thank you.聽I look forward to your questions.