First Extraordinary Session
              Sixty-fifth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
 
 LLS NO. M06B-2077.01 Julie Pelegrin             SJM06S-001
                   SENATE SPONSORSHIP
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                    HOUSE SPONSORSHIP
 White, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 State, Veterans & Military Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                  SENATE JOINT MEMORIAL 06S-001 
       Concerning memorializing Congress to adopt legislation to
            deny citizenship at birth to children born in the United
            States to parents who are not legally present in the
            United States.
       
       
            WHEREAS, Approximately 15 to 20 million foreign nationals are
       illegally present in the United States, representing a population
       approximately the size of the state of New York, and, whereas,
       approximately 3 million foreign nationals entered the United States
       illegally in 2004; and
       
            WHEREAS, Best estimates indicate that approximately 250,000
       to 300,000 illegal aliens reside in Colorado, compared to an estimated
       104,000 foreign-born residents who are here legally; and
       
            WHEREAS, Illegal aliens cost the nation tens of billions of dollars
       in social services, principally in health care, education, and criminal
       prevention resources, while they depress wages for United States citizens
       and legal aliens by an estimated $200 billion per year and cost the federal
       government an estimated $35 billion in tax revenue per year; and
            WHEREAS, The United States Supreme Court case Plyler v. Doe
       imposed a federal mandate that requires taxpayers largely to subsidize
       kindergarten through twelfth-grade education for students whose families
       reside in the United States illegally without reimbursement by the federal
       government; and
       
            WHEREAS, The state of Colorado currently spends an estimated
       $500,000 annually educating illegal alien children in the state's
       elementary and secondary public school system; and
       
            WHEREAS, Over 300,000 babies are born nationwide to illegal
       alien mothers, and, in Colorado, over 6,000 babies are born to illegal alien
       mothers, costing taxpayers over $30 million in Medicaid expenses
       annually; and
       
            WHEREAS, Under the Fourteenth Amendment to the United
       States Constitution, all persons born in the United States and subject to
       the jurisdiction thereof are citizens of the United States and of the state
       wherein they reside; and
       
            WHEREAS, The United States Supreme Court has not interpreted
       this amendment in the context of children born to illegal immigrants, but
       many of these children are accorded the benefits of citizenship based on
       their receipt of birth certificates; and
       
            WHEREAS, H.R. 698 was introduced during the first session of
       the 109th Congress to amend the federal Immigration and Nationality Act
       to deny citizenship at birth to children born in the United States to parents
       who are not citizens or permanent resident aliens and is currently before
       the House Subcommittee on Immigration, Border Security, and Claims;
       and
       
            WHEREAS, If H.R. 698 is adopted, it is substantially likely to be
       challenged before the United States Supreme Court on the claim that it
       conflicts with the provisions of the Fourteenth Amendment; and
       
            WHEREAS, A law to deny citizenship at birth to children born in
       the United States to parents who are illegally present in the country can
       avoid a constitutional challenge only if it is an amendment to the
       constitution; now, therefore,
       
       Be It Resolved by the Senate of the Sixty-fifth General Assembly of the
       State of Colorado, the House of Representatives concurring herein:
       
            (1)  That Congress should move forward in passing H.R. 698 to
       deny citizenship at birth to children born in the United States to parents
       who are illegally present in the United States; and
       
            (2)  That Congress should consider and adopt an amendment to the
       Fourteenth Amendment of the United States Constitution to clarify that
       the rights of citizenship do not enure at birth to the benefit of children
       born in the United States to parents who are illegally present in the United
       States.
       
            Be It Further Resolved, That copies of this Memorial be sent to the
       Speaker of the United States House of Representatives, the Minority
       Leader of the United States House of Representatives, the Majority
       Leader of the United States Senate, and the Minority Leader of the United
       States Senate and to each member of Colorado's congressional delegation.