Photo: Kansas Secretary of State Kris Kobach
Kansas Secretary of State-elect Kris Kobach has been working on two measures to deal with what they call “the problem” of birthright citizenship. The first defines a “citizen of the state” as a person who has at least one parent who is legally living in the country, and the second measure is really just an urging for Congress to redefine American citizenship using the same requisite.
Kobach worked on the measures alongside lawmakers from Georgia, Pennsylvania, Oklahoma, South Caroline, and Arizona, and he is also one of the authors responsible for Arizona’s controversial immigration law.
However, the presentation of these measures is not to get them introduced directly into Congress. Pennsylvania state Rep. Daryl Metcalfe said they are trying to illicit a response from civil rights groups like the American Civil Liberties Union (ACLU) in opposition of the measures in an attempt take the case to the Supreme Court.
“This is a very calculated, strategic step on our part,” Metcalfe said.
“The primary requirements for U.S. citizenship are dependent on total allegiance to America, not mere physical geography,” said Metcalfe. “The purpose of this model legislation is to restore the original intent of the 14th Amendment, which is currently being misapplied and is encouraging illegal aliens to cross and cost American taxpayers $113 billion annually, or nearly $1,117 yearly per individual taxpayer.”
Despite the claims of the State Reps. though, legal scholars say the jurisdiction phrase in the 14th Amendment in reference to citizens being “subject to the jurisdiction thereof” on which Kobach has based his two measures, was actually intended to apply to children of diplomats who were posted in the U.S..