Monday, August 2, 2010
Once a supporter of immigration reform, Senator Lindsay Graham (R-SC) last week announced that he is considering the introduction of a constitutional amendment eliminating birthright citizenship. For details, see Andy Barr's article on Politico.com.
Graham apparently is moving in the direction of political winds blowing in states like Arizona, in which a legislator recently proposed the denial of birth certificates to the children of undocumented immigrants born in the United States. I previously have detailed the constitutional problems with this approach.
Senator Graham does habve one thing right, however. To change the current birthright citizenship rule, a constitutional amendment -- not a simple act of Congress -- would be necessary. This would take many years and face many hurdles.