1.19.2011

Marking Birth Certificates?


State lawmakers associated with the group State Legislators for Legal Immigration proposed this month to mark birth certificates of children born in the United States whose parents don’t hold US citizenship or have permanent US residency, even though these children are US citizens under the Constitution.

The proposal doesn’t attempt to change the requirements for US citizenship, which would require an amendment to the US Constitution. However, if enacted by state legislatures, such laws would violate the right to equal protection under US and international law and encourage discrimination against US citizens based on their parents’ immigration status.

Equal protection under the law is a cornerstone of international law as well as US law, where it is addressed by the 14th Amendment to the Constitution. States should reject this proposal as abhorrent to US values.

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