Pa. lawmaker's group takes on 'birthright citizenship'

WASHINGTON - Adding heft to the tug-of-war over illegal immigration, a national group of state legislators led by Pennsylvania Rep. Daryl Metcalfe (R., Butler) has proposed eliminating "birthright citizenship."

Within minutes of the news conference Wednesday, a coalition of civil rights groups meeting across town threw its weight behind the preservation of automatic citizenship for anyone born on U.S. soil.

As interpreted by the federal government, the 14th Amendment, ratified in 1868, grants citizenship to the child regardless of the mother's nationality or immigration status.

"Hundreds of thousands of illegal aliens are crossing U.S. borders to give birth and exploit their child as an 'anchor baby' " to obtain residency and other benefits for themselves, Metcalfe said.

His group, State Legislators for Legal Immigration, was represented Wednesday by lawmakers from Oklahoma, Kansas, South Carolina, Georgia, and Arizona, though Metcalfe said that legislators from 40 states were members.

They presented what they called model legislation to correct the "misapplication" of the amendment. Metcalfe said his group would "push out" the model bill, and a companion legal document called a "compact," to the 40 states.

The lawmakers feel compelled to act, he said, because "Congress has been AWOL for decades" on immigration reform.

Oklahoma State Rep. Randy Terrill said the federal government had been "derelict in securing our borders." As a result, he said, states such as his, plagued by immigrant drug dealers, gangs, and prostitution rings, "are stepping up to the massive policy void left by the federal government."

Opponents predict the move will fail because immigration law is a federal prerogative. State laws that attempt to regulate immigration rarely pass constitutional muster.

By focusing on the interpretation of particular clauses in the 14th Amendment instead of seeking to repeal it, proponents of the legislation contend they are stepping into unexplored legal territory.

A subcommittee of Metcalfe's group began meeting in October to find ways to challenge "birthright citizenship."

"This is a soft step forward compared to what many thought we would do," Metcalfe said. "But we're not backing down."

A legal compact allows states to band together to propose solutions to federal problems, which then can be implemented subject to congressional approval.