Senate Democrats pushed back Tuesday against Republican demands to change a part of the 14th Amendment that grants U.S. citizenship by birthright to children of illegal immigrants.
Senate GOP leader Mitch McConnellMitch McConnellJuan Williams: Race, Obama and Trump Schumer puts GOP on notice over ObamaCare repeal Right renews push for term limits as Trump takes power MORE (Ky.) and GOP Whip Jon Kyl (Ariz.) have called for hearings on the amendment, while Sen. Lindsey GrahamLindsey Graham9 GOP senators Trump must watch out for UN leader willing to meet lawmakers amid push to cut funding GOP lawmaker: Calling Putin a war criminal could lead to conflict with Russia MORE (R-S.C.) has called for elimination of the provision.
Republicans maintained Tuesday that modern times present a much more difficult situation, with immigration stressing the country’s resources and dividing the country.
“I’m supportive of [changing the provision] because at the time the amendment was put in, transportation was different, the environment was different and we didn’t have as much crime,” said Sen. James InhofeJames InhofeSenate teeing up Mattis waiver Lawmakers play nice at Russia hacking hearing Senate chairman meets Trump’s EPA nominee MORE (R-Okla.). “Just a lot of things were different.”
Democrats say the calls are merely election-year politics that shamefully target children.
“It’s outrageous,” said Sen. Sherrod BrownSherrod BrownTrump, House GOP could clash over 'Buy America' Four takeaways from Carson's confirmation hearing Carson: Don’t ‘pull the rug out’ on ObamaCare without replacement MORE (D-Ohio). “To target children on this makes no sense. It’s the Constitution. It’s what we’ve done our entire lives. It’s all about politics and Republicans trying to gin up their base. It’s one of those distractions that just puzzles me.”
“The Republicans have to decide if they only like one amendment, which is the second,” said Sen. Barbara MikulskiBarbara MikulskiThe Hill's 12:30 Report Senate swears in new members Van Hollen lands seat on Banking Committee MORE (D-Md.), referring to the right to bear arms. “I happen to like all of the amendments. They just seem to like only the second one.”
Sen. Tom HarkinTom HarkinGrassley challenger no stranger to defying odds Clinton ally stands between Sanders and chairmanship dream Do candidates care about our health or just how much it costs? MORE (D-Iowa) said a change would introduce a dangerous precedent of tying citizenship to political beliefs.
“We ought to leave the 14th Amendment alone. It allows for citizenship that’s not based on political considerations,” he said. “Once you introduce political considerations, it degrades citizenship. If you’re born here, you’re a citizen. Period. No tests, no profiling, nothing else.”
On Monday, McConnell became the highest-ranking Republican in Washington to endorse the idea of at least exploring a change to the provision.
“I haven’t made a final decision about it, but that’s something that we clearly need to look at,” McConnell said. “Regardless of how you feel about the various aspects of immigration reform, I don’t think anybody thinks that’s something they’re comfortable with.”
Last weekend, Kyl told CBS’s “Face the Nation” that he too wants to hold hearings, saying the question comes down to: “If both parents are here illegally, should there be a reward for their illegal behavior?”
Graham, meanwhile, told Fox News on Friday that “birthright citizenship is a mistake.”
Graham is working with Sen. Saxby ChamblissSaxby ChamblissWyden hammers CIA chief over Senate spying Cruz is a liability Inside Paul Ryan’s brain trust MORE (R-Ga.) to study how the provision could be reversed, either by the amendment process or by some kind of legislation. Chambliss noted that countries such as Ireland have already repealed citizenship birthright laws.
“It’s something that not only needs to be discussed,” Chambliss said. “Our situation may be a little different than Ireland, but we’re certainly going to explore what they did. It may be as simple as giving Congress the authority to act legislatively, or it may take a constitutional amendment. I’m not sure yet.”
The idea also has traction among House Republicans, where Rep. Gary Miller (R-Calif.) is leading the drive for the Birthright Citizenship Act, which would deny citizenship to children of undocumented immigrants by statute instead of repealing the amendment.
The legislation has 93 co-sponsors, including prominent members such as Reps. Lamar Smith (R-Texas.) and Mike Pence (R-Ind.).