Senator Lindsey Graham, in a recent interview on Fox's Greta Van Susteren's show On the Record, proposed an amendment to the Constitution. His proposed amendment would change the 14th Amendment to the constitution and make it illegal for certain babies born in America, to be considered American.

Lindsey Graham (R-SA)

As it stands now, the 14^th Amendment to the Constitution states;

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

The problem as Lindsey Graham sees it is that people are taking advantage of this 14^th Amendment. It’s called Birthright citizenship and according to Mr. Graham, “birthright citizenship is a mistake.” Mr. Graham goes on to explain;

“People come here to have babies. They come here to drop a child, its called drop and leave. They have a child in America, they cross the border, they go to the emergency room, have a child and that child is automatically and American citizen. That shouldn’t be the case. That attracts people here for all the wrong reasons.”

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Arizona governor, Jan Brewer appeared on Fox News Sean Hannity's show last night, and pleaded with the audience to send money to her in Arizona. This money she claims will help her fight the Federal Government in her effort to implement the most controversial part of the bill she signed into law. The "Papers Please" part of the bill was temporary blocked by Judge Bolton yesterday, giving the Federal Government a small victory.

Send Money Please - Jan Brewer

The bill was supposed to go into effect at midnight on 07/29/10. In its original form, the bill called for police officers to question anyone they suspect of being in Arizona illegally to provide proof that they’re a lawful residents or citizens.

Opponents of the law and the Department of Justice argued that the law was misguided, and will consume necessary resources away from the real problems of fighting the criminal element of illegal immigration to checking immigration status. Yesterday, a judge agreed with the Federal Government’s position and temporarily blocked this part of the law from going into effect.

On the Fix Fox News show, the Arizona Governor described the fight ahead, saying;

“This is a little road bump on the path. Today was a temporary hold put on the legislation on Senate Bill 1070. And of course, we realize that law — the lawsuit will continue through the court.” She goes on to say that her next move will be to file an expedited appeal with the Ninth Circuit Court of Appeals, and being that this court is a “pretty liberal situation,” she believes the case will make it to the “superior – to the Supreme Court.” (continue reading...)

Let’s chalk one up, although temporary, for the America that believe in laws and the legal process. Just moments ago, the lawsuit filed by the Federal Government denouncing parts of the new SB1070 legislation in Arizona also known as the new Immigration Law or the “Papers Please” law, was temporarily struck down by a judge hearing the case.

Az Governor - Jan Brewer

According to the Federal Government's argument, if Arizona were to carry out certain aspects of the new legislation where police officers had the authority to determine who was illegal as is required by the legislation, then that would obstruct Federal Law and cause problems for legal citizens. The judge in the case, Susan Bolton agrees with this argument, saying;

“Requiring police in Arizona to determine the immigration status of every person who is arrested burdens lawfully present aliens, because their liberty will be restricted while their status is checked. Given the large number of people who are technically arrested but never booked into jail or perhaps even taken to a police station, detention time for this category of arrestee will certainly be extended. Requiring these people to prove their immigration status to the satisfaction of state authorities will unnecessary burden them, including some United States citizens.” (continue reading...)