Immigration New York
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Sen. Rand Paul Introduces Legislation to End Birthright Citizenship

January 31st, 2011 by jdefelice

As a first term Senator from Kentucky Rand Paul is already making waves by introducing sweeping legislation related to immigration policy.  Yesterday, Paul announced plans to introduce a bill aimed at tackling the 14th Amendment of the United States Constitution, which states that all persons born in the United States shall be US citizens.  Paul, along with Sen. David Vitter of Louisiana are aiming to amend this section to exclude the children born of illegal immigrants from being granted automatic citizenship.

More non-citizen immigrants are having children in the United States, creating situations where the parents are of uncertain or illegal immigration status with children that are full United State citizens by virtue of their birth.  This practice has raised concerns by some on the right, citing that these children are used as “anchor babies”, with individuals hoping to stay in the US by virtue of their children. However, under immigration law a citizen child of aliens must be 21 years of age in order to petition against deportation of their parents.

While immigration numbers continue to rise, eliminating birthright citizenship seems a knee-jerk reaction to the deeper realities of immigration law and citizenship in America.  What is even more surprising is that this fight is coming from individuals like Paul who believe in a strict interpretation of the Constitution and limited government.  To change the Constitution to suit a right-wing immigration policy, sponsored by someone who is intended to support the constitution, is quite perplexing.

We will follow this legislation, and keep you updated on any progress.

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DREAM Act And Implications

January 10th, 2011 by jdefelice

One of the most debated issues, and sadly one of President Obama’s few
failed goals in this legislative term has been the failure to pass the
DREAM Act.  The DREAM (Development, Relief and Education for Alien
Minors) Act aims to build upon existing immigration law and provide a
path for citizenship for alien minors enrolled in schools.

The bill, championed largely by Senate Majority Leader Henry Reid of
Nevada, provides a chance for illegal aliens a path to possible
permanent citizenship.  The individuals could embark on this path by
entering and completing two years at an accredited higher-learning
institution, or by enlisting, serving and ultimately receiving a
honorable discharge from a branch of the United States military.

As part of the plan, potential immigrants must fit the following
criteria: Applicants must have proof of having arrived in the United
States before age 16, have proof of residence in the United States for
at least five consecutive years since their date of arrival,
compliance with Selective Service, be between the ages of 12 and 30 at
the time of bill enactment, have graduated from an American high
school, obtained a GED, or have been admitted to an institution of
higher education and be of “good moral character.

The bill hit a snag when Congressional and Senate Democrats failed to
bring the bill to a vote over Republican obstructionism following the
November mid-term elections.  It seems unlikely that the bill will not
be reintroduced in the immediate future. The DREAM Act is an important
piece of legislature, and works to allow aliens a chance to pursue a
path to citizenship through education and military service.

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