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Rep. Luis Gutierrez

Rep. Luis Gutierrez

Posted: August 4, 2010 04:02 PM

The "your papers, please" hysteria spreading through the Republican Party has reached a new low. Now, they want to corrupt the U.S. Constitution to promote their opposition to immigrants and immigration. Senior leaders in the House and Senate are introducing legislation and calling for hearings to explore whether we should change the U.S. Constitution to ensure that more people in the United States are denied citizenship or legal immigration status. Specifically, Senate Minority Leader Mitch McConnell joined an array of Republican lawmakers who feel we should examine whether to rescind all or part of the 14th amendment to the Constitution to prevent some children born in the U.S. from being granted U.S. citizenship. The pro-life, pro-family Republicans are now pro-neonatal detention and deportation. It isn't enough to drive out the people not born here, now they want to drive out the ones that were.

Actually, I agree with Senator McConnell. We absolutely should hold hearings as soon as possible to discuss whether we should amend the U.S. Constitution to make newborns deportable. We need a high-level national discussion in both Houses of Congress on the issue of whether to station federal ICE agents in every maternity ward and delivery room right between the OB-GYN and the expectant father.

Imagine a United States where every birth initiates an investigation to determine the citizenship and immigration status of each parent. Let's have the hearing so we can take careful notes when the Republican's witness explains how this government intrusion into maternal and child health -- burdening our health care system and discouraging pregnant women from seeking medical care (while perhaps discouraging claims of paternity) -- is justified to secure our borders and protect the core liberties of America. I would love to hear the opening remarks of Judiciary Committee Members Lindsey Graham in the Senate or Lamar Smith in the House broadcast live from coast-to-coast on C-SPAN. I can hear it now. "Mr. Chairman, I would like to express my support for a full federal background check and proof of citizenship for every precious human life."

While we are at it, I think we should subpoena prominent Republicans like Governor Bobby Jindal of Louisiana and former Senator Pete Domenici of New Mexico to explain how they have ruined our country with their automatic U.S. citizenship. Under at least some of the legislative proposals supported by the Republicans, neither one would be citizens because one or more of their parents were not permanent legal residents of the U.S. at the time of their birth. Let's get Olympic Gold Medalist Henry Cejudo and NASA Astronaut Jose "Astro Jose" Hernandez on the witness stand to defend all that they have robbed from the United States by usurping U.S. citizenship. At long last, the GOP has come up with the legislative strategy to guarantee that no man or woman can rise from humble origins, with a father who is legally present on a student visa, to sit in the Oval Office as President of the United States.

I really want to hear the Republican argument. Let's hear why the 14th amendment, which guarantees citizenship and equal protection under the law regardless of the race or nationality of your parents, is a law whose time has come and gone. Please explain to the American people how the 14th amendment that resolved the issue of African-American citizenship after emancipation and was the critical underpinning of the civil rights movement in the United States, ought to be cast off now because the parchment paper it is written on has grown yellow and curled. Just the expressions on the faces of my colleagues in the Congressional Black Caucus during such a hearing would make the whole exercise worth it to me.

The federal government won a preliminary injunction against Arizona's SB1070 immigration law on the grounds that the federal government's authority over immigration matters preempts the states from such intrusions. Well, in for a penny, in for a pound, I say. I think the Senate and the House ought to call immediate hearings as soon as we reconvene in September to put the Republican's immigration proposals up against Democratic ones and see which side is serious about rules, enforcement, legality and cracking down on employers. Which side is for immigrants taking personal responsibility and getting right with the law and which side is just blowing smoke in an election year.

Madam Speaker, Mr. Majority Leader, and distinguished Chairmen and Chairwomen of the committees of jurisdiction, I rise to respectfully request that you call their bluff.

 

Follow Rep. Luis Gutierrez on Twitter: www.twitter.com/RepGutierrez

The "your papers, please" hysteria spreading through the Republican Party has reached a new low. Now, they want to corrupt the U.S. Constitution to promote their opposition to immigrants and immigrat...
The "your papers, please" hysteria spreading through the Republican Party has reached a new low. Now, they want to corrupt the U.S. Constitution to promote their opposition to immigrants and immigrat...
 
 
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HUFFPOST SUPER USER
Hontas Farmer
Stargazer
11:44 AM on 08/10/2010
One arguement raised here is that immigration was never a problem until it was brown people (i.e. Mexicans and other Latino's) doing it. WRONG!

Consider the following three laws. The first is the Naturalizeation act. http://en.wikipedia.org/wiki/Naturalization_Act_of_1798.
This act increased the residency time before one could become a naturalized citizen to 14 years. This was at a time when most immigration was from Ireland and France.

The "Alien Friends" act http://en.wikisource.org/wiki/United_States_Statutes_at_Large/Volume_1/5th_Congress/2nd_Session/Chapter_58
Which gave the president and hecen federal law enforcement of the day the power to deport any alien that was considered dangerous to the peace and safety of the United States.

The Alien Enemies act Section 2 of link above. Which allowed federal law enforcement to deport any alien who's country was at war with the United States.

When the Sedition act, which prohibited criticism of the government is included these are known as the Alien and sedition acts. They were passed during the Presidency of John Adams.

Now that was long ago but they are PROOF that the assertion that this is just about brown people is not true. We have laws in OUR country that need to be respected.
apiazza
There is no such thing as a fiscal conservative.
09:03 AM on 08/13/2010
One of those laws is the 14th amendment which is a bedrock of the Constitution.
09:54 PM on 08/09/2010
Absolutely! Then we can hear the words of the original author of the 14th Amendment spoken out loud!:

"As a Senator, Howard is credited with working closely with Abraham Lincoln in drafting and passing the Thirteenth Amendment to the United States Constitution, which abolished slavery. In the Senate, he also served on the Joint Committee on Reconstruction which drafted the Fourteenth Amendment to the United States Constitution.

During debate over the first clause of the Fourteenth Amendment, he argued for including the phrase and subject to the jurisdiction thereof. Howard said:

[The 14th amendment] will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the government of the United States, but will include every other class of person."

http://en.wikipedia.org/wiki/Jacob_M._Howard

I for one certainly welcome the chance to hear Rep. Gutierrez's response when confronted with the words spoken by Senator Jacob Howard!
05:54 PM on 08/09/2010
So, if I'm understanding the debate properly, the people who want to crack down on illegal immigration want to do so because most illegals don't pay taxes yet use American services. If they paid taxes, then there'd be no problem, I assume.

I'm an American citizen, born and raised here in the great State of Illinois. I'm fortunate enough to be gainfully employed, and I get a paycheck twice a month. My employer takes my taxes out of my check every pay period. When I was first hired, I had to show my Social Security card and file tax documents with the IRS. Otherwise, I wouldn't have a job here.

Why, then, is the impetus on the immigrants coming here to work to pay their fare share in taxes and not on the backs of those who pay their wages?

Crack down on the companies and firms that hire the illegal immigrants and allow them to work here illegally. Don't put up the smoke screens of "anchor babies" and "taking American jobs".

Those immigrants are here to work hard and earn a living to support their families. Ironically, isn't that what the "American dream" is?
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HUFFPOST COMMUNITY MODERATOR
Witkacy
04:54 PM on 08/09/2010
Rep. Gutierrez hit the nail right on the head: Open debate on the Right's 14th Amendment grievances would be ugly, catastrophic--even suicidal, for the GOP.

One hears plenty about racism in the Tea Party ranks - the MSM isn't shy to report that story, because editors and media execs look on those people as Jerry-Springer-grade yahoos. But mainstream (wealthy) Republican editors/execs are loathe to call out the Republican leadership, the St. Andrews set, for the White Power nationalist vanguard it really is. (The Tea Party and the Libertarians are by comparison only a goofy, ill-organized/-funded/-placed sideshow.) An open Congressional hearing on these nationalist ideas would flay open the rotten body of elitism and racism in the GOP--would prove to all discerning viewers just how successfully the Republicans have returned to the race-essentialist culture war of Pat Buchanan's 1992 GOP Convention speech...
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iamsparticus
smaller government does not mean inside my vagina
04:54 PM on 08/09/2010
So, here's my problem with the Republican's call to change the 14th Amendment. If we tried to change any of the Amendments which they see as necessary to their cause, then they would say the Liberals were trying to ruin the law of the land. But, they can do it all they want. Case in point, gun control. They are against gun laws, let alone changing the 2nd Amendment...I don't understand the hypocrisy!
04:36 PM on 08/09/2010
The purpose of the 14th amendment was to guarantee citizenship to newly freed slaves.The man who drafted the 14th's citizenship clause ,senator Howard of Michigan, stated that the 14th "will not ofcourse include persons born in the U.S. who are foreigners , aliens who belong to the families of ambassadors or foreign ministers" In U.S. v Wong Kim Ark,1898, the Sup Ct held that children born to LEGAL PERMANANT residents of the U.S. who were gainfully employed and not employed by a foerign govt would be deemed citizens . There is no indication that the framers of the constitution or the enacters of the 14th intended the result in Wong Kim Ark , and in any case the Wong holding was not that the children of illegals are citizens.
In a small footnote in Plyler justice Brennan overstepped and decided (based on nothing) that that there was no distinction between aliens who enter the U.S. lawfully and those who enter unlawfully . I guess that Brennan thought there is no distinction between following and breaking the law.
The intent of those who wrote the 14th was not to confer citizenship to the children of illegals and the history of the U.S. shows that there was no intent to confer citizenship to children of illegals. Should one tiny ambiguous footnote overturn the will of the authors of the 14th and the will of the American people?
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cnobody
see facebook
10:54 AM on 08/09/2010
Luis, talking about illegal immigrants... what a shock.
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alex61
10:31 AM on 08/09/2010
Gutierrez made it abundanrly clear long ago that his primary loyalty is to foreign nationals, including those in the country illegally. He has forgotten completely that he is supposed to be an American. There is a word for that.
Lets settle this once and for all by sending all the illegal immigrants back to their own countries, wherever that might be.
The one million-plus legal immigrants we take in each year is way more than enough. As we say in Los Estados Unidos-Ya Basta!
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iamsparticus
smaller government does not mean inside my vagina
04:46 PM on 08/09/2010
Not like the brazen giant of Greek fame,
With conquering limbs astride from land to land;
Here at our sea-washed, sunset gates shall stand
A mighty woman with a torch, whose flame
Is the imprisoned lightning, and her name
Mother of Exiles. From her beacon-hand
Glows world-wide welcome; her mild eyes command
The air-bridged harbor that twin cities frame.

“Keep, ancient lands, your storied pomp!” cries she
with silent lips. “Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!”
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Socrmom
03:10 PM on 08/11/2010
Everyone seems to forget that the US did not commission the statue of liberty nor write that quote.
08:48 PM on 08/08/2010
Most people have no idea of the draconian immigration processes in the U.S. I know of a Canadian business man who has started 3 companies in the U.S., made them successful, never was able to take one penny of pay, sold two of the companies, paid hundreds of thousands of dollars in U.S. corporate taxes - and has been in the legal "immigration process" for more than 7 years. It's expensive, confusing and frustrating for someone contributing to society.

Immigration built this country and needs to be overhauled so that our borders are open to those who wish to contribute to our nation. "Illegals" coming here to do service-sector jobs add a lot of value to our economy.

By the way, did you know that almost 25% of the practicing doctors in the U.S. are foreign born?
08:55 PM on 08/08/2010
...and how many of those foreign-born doctors are not legal citizens?
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GregHooper
There is a God and science proves it
09:56 PM on 08/08/2010
Yes your right it is a mess

First control the borders

Close the birthright loophole

Have 10 million illegals repatriate and then we talk
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alex61
10:41 AM on 08/09/2010
Sounds good to me. I would add a 5 or 10 year moratorium on legal immigration (with a few exceptions) to assimilate the recent legal immigrants we have now. Then, when we reopen legal immigration, I woud reduce the quotas to no more than 200,000 per year. We have an environment to worry about, not to mention our own culture.
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edgarcaycedoc
07:57 PM on 08/08/2010
These charlatans are neither pro-life nor pro-family. They fully support post-partum abortion, and have proven it in hundreds of preventable deaths since the reinstatement of the death penalty. The death penalty, by the way, costs much more than life imprisonment. And if we made life terms precisely that, we could insure that these people would not be killed just to satisfy the blood lust of "decent folks." And we have exercised post-partum abortion against a million or more Iraqis. As far as being "pro-family," the Sunday fundie neanderthal can'tservative RepubliK-K-Kants hold up the family as the "ideal," yet make excuses for people like Larry Craig, John Ensign, Mark Sanford, who were all "family men" at the time of their indiscretions. But a "legal" family that is de facto not monagamous is still a family. Yet two gays or lesbians who may have a "true" family, are judged to be perverts at best. Many of these 'morals police" do not want a family, they want the "respectability" of family as part of their resume. Meanwhile people who have promised to a commitment to a partner, can not be a family, if these charlatans are to be believed.
07:47 PM on 08/08/2010
No, we shouldn't welcome such hearings. The big shots running the corporatist oligarchy machine could not care less about the 14th amendment. They get their boy McConnell to run his mouth so other folks like the author get into apoplexy and then we get articles and hearings and everyone gets all antsy and distracted, and meanwhile, the lobbyists cooly pay off our reps in one way or another so their bosses can keep making their gazillions and everyone is so busy getting all bent out of shape about some go-nowhere hearings on the 14th amendment that no one notices the vast cesspool of corruption going on right down the hall.
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07:45 PM on 08/08/2010
I think a debate is truly merited. When birthright citizenship was instituted, the assumption was that people intended to be citizens not simply parasites feeding on the benefits given to citizens.
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Picosa
dedicated to FACTS & TRUTH
08:11 PM on 08/08/2010
As a Native American I agree with you and Rep. Gutierrez and would support going even further in making the repeal of the 14th amendment retroactive to the the first illegal alien invasion of Europeans to this country - If you cannot prove your ancestors were of Native American ancestry then you should be deported to wherever you want to go at your expense. You cannot take anything of value that you or your ancestors have stolen, pillaged, or gained from the illegal occupation of Native American land or it's resources. You can take one suitcase of clothing per person and family photos are OK.

I would also support making it possible for certain Europeans to stay if they pass certain criteria. Number 1 would be ABSOLUTELY NO RACISTS ALLOWED.
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08:16 PM on 08/08/2010
You, of course, realize that American INdians are probably not native but came from either China or South America. So, by your criteria, the USA should be completely depopulated.

As far as your last criteria about racism. Who will decide? I presume an American Indian with no racist tendencies.
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BlairCase
08:29 PM on 08/08/2010
Native Americans tribes never recognized neighert border or boundaries nor did they ever respect other tribes' territorial claims. What should they have expected Europeans to act any differently?
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GregHooper
There is a God and science proves it
09:53 PM on 08/08/2010
There is absolutely nothing abusive about this post

If you disagree thats fine but too many posts are deleted here simply because they are marked as abusive when in fact they are simply a difference of opinion

Me I feel that Illegals who come here and take our resources and jobs are in fact parasites by definition

Don't like the comparison

get over it

Left wing PC fascists can't control public opinion even if they really feel its their job
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11:06 PM on 08/08/2010
left wing fascist is an oxymoron, you are entitled to your feelings but to pretend public opinion is not controlled is to ignore the reality
07:23 PM on 08/08/2010
I'm open to the Debate as I see it people that have worked and lived in this country for years are naturalized citizens..Nothing natural about the governments making a bunch of rules and pretexts to jump through...Naturalized is pretty evident like common law marriage. Just cause the government didn't but its stamp on doesn't make the reality go away.
06:22 PM on 08/08/2010
Legally, the Native Americans should have the right to deport any person not of Native American descent. After all, it was their land, and only taken from them by conquest. Wonder how they feel about the tea baggers.
Of course most Latinos in Mexico or other central and south American nations have Native American ancestry, so they wouldn't be deported. Only the whites would be.
07:17 PM on 08/08/2010
If God didn't want white people to concur the land he wouldn't of given us gunpowder..Du.
07:50 PM on 08/08/2010
God didn't give white people gunpowder, the Chinese did.
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BlairCase
09:39 PM on 08/08/2010
Tribes can legally force non-tribal member off reservation property, but they have, of course, no legal authority to deport anyone out of the United States. Having Native American ancestry counts for nothing except affirmative action preference. Tribal membership is what counts. Anthropologist Andrew Merriwether and colleagues conducted a study on Mexican-Americans living in Colorado. Using classic genetic markers they estimated an admixture of 67% European and 33% Native-American. The Apache and Commache sluaghtered Mexican citizens by the thousands. They viewed them as being no different than other whites. Today, Arizona tribes complain bitterly about the flood of illegals tramping through their revservations.
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GregHooper
There is a God and science proves it
10:02 PM on 08/08/2010
Wow there is an idea

Let the Native Americans have a go at em on their lands
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emphatico
....is politically radioactive.
05:45 PM on 08/08/2010
CollectiveNotIndividual:

There are only 300,000,000 people in the United States. If we increase our population to a Trillion we would have about the same number of people per square mile as China. Would could probably even increase our population to 3 or 4 trillion but then common items like food, water, and clean air would be in short supply.
------------------------------------------------

Wow!!! "Trillion"?? I guess everyone just throws around that word these days as if after "million", you advance to "trillion". What about "billion"??

You are very stoopid, to say the least. American educational system is failing a lot of people. Mr. Gutierrez, can you do something about this?
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BlairCase
06:20 PM on 08/08/2010
China’s geographic area is estimated at 3,705,407 to 3,722,029 square miles while the United State’s geographic area is estimated at 3,717,813 square miles. China and the United States are about the same size. China’s population is currently just over 1.3 billion. So if we increased our population to 1 trillion, we would have a far higher population density than China. China has enacted draconian laws to deal with overpopulation, including limiting families to one child.
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edgarcaycedoc
07:59 PM on 08/08/2010
One trillion?? I thought there were only about 4.5 billion people on the entire planet.
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06:55 PM on 08/08/2010
You do realize that the US is not 1000 times as big as China. There are a billion people in China, and one thousand billions is a trillion. Take a look at a globe of the earth, then circle China, then create 1000 more circles that are the size of China for the remaining area of the globe, and you will never come close to 1000.

This is not about immigration, its about fascism of the Right Wing. The GOP has NO interest in stopping illegal labor. They just want to turn the US into a KGB Gulag state. GOPers love cheap labor and will forever aid coyotes running illegal labor into the US to undermine US jobs. Most liberals are complaining about the treatment of lawful US citizens by fascist law enforcement propelled by right wing fascism.