One of the major difficulties in dealing with illegal immigration is the clause in the 14th Amendment that bestows automatic citizenship on any person born in the US. The amendment was originally drafted to prevent states from refusing citizenship to newly freed slaves by use of the original "grandfather clause" -- one would be considered a citizen of a state if and only if one's grandfather was also a citizen.
The issues that gave rise to this -- slavery and Reconstruction -- are long since past and new conditions (e.g. trivial international travel) have brought new problems -- which this clause exacerbates. In particular, a child born in the United States to parents not legally resident is still considered a native-born US citizen, with all the rights and priviledges of same. Any real attempt to deal with illegal immigration must begin with reconsideration of this prescription.
House Joint Resolution 41, offered by Mark Foley of Florida and co-sponsored by only Christopher Shays (!) of Connecticut and Rebecca Foxx of North Carolina, would change this by amending the Constitution as follows:
SECTION 1. No person born in the United States after the date of the ratification of this article shall be a citizen of the United States, or of any State, on account of birth in the United States unless the mother or father of the person is a citizen of the United States, or is lawfully admitted for permanent residence in the United States, at the time of the birth.All Senators and 432 House members have yet to co-sponsor this Amendment. Why? Do those 532 legislators believe that the child of an illegal alien ought, by right, be a citizen? Someone should really ask them why.
SECTION 2. The Congress shall have power to enforce this article by appropriate legislation.