David McKinley on Immigration

No amnesty; no healthcare to illegal immigrants

Redefine "birthright citizenship" to exclude illegal aliens.

Congressional Summary: Acknowledging the right of birthright citizenship established by section 1 of the 14th amendment to the Constitution, amends the Immigration and Nationality Act to consider a person born in the United States "subject to the jurisdiction" of the United States for citizenship at birth purposes if the person is born in the United States of parents, one of whom is:

1. a U.S. citizen or national;
2. a lawful permanent resident alien whose residence is in the United States; or
3. an alien performing active service in the U.S. Armed Forces.

Constitutional Authority Statement: Congress has the power to enact this legislation pursuant to the following: Section 5 of the Amendment XIV to the Constitution and Section 8 of Article I of the Constitution.

OnTheIssues Explanation:The relevant part of this law is what is NOT in the list above: illegal aliens or undocumented workers. Those groups are this bill's target: it addresses the issue of "anchor babies," wherein non-citizen mothers cross the US border and give birth in the US and thereby establish citizenship for their newborn. If passed, this bill will likely face a Supreme Court challenge on its constitutionality, since the 14th Amendment defines citizens as "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." That clause was written after the Civil War to establish citizenship for former slaves; this bill reinterprets that clause to mean that not everyone born in the US automatically becomes a citizen. The cited authorization of the 14th Amendment is "Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."

Voted YES to ban DREAMer immigrants from military service.

Congressional Summary: The House voted on an amendment by Rep. Paul Gosar (R-AZ) to H.R. 5293, the Department of Defense Appropriations Act of 2017. The amendment would prohibit funds from being used to extend the expiration of, or reissue a new expiration date to, the Military Accessions Vital to National Interest (MAVNI) program.

Recommendation by Heritage Foundation to vote YES:(6/16/2016): The MAVNI program is a pilot program authorizing "military services to recruit certain legal immigrants whose skills are considered to be vital to the national interest." However, a DoD memo has made it clear that DACA/DAPA recipients are eligible under this program, essentially opening up a pathway to amnesty for illegal aliens who enlist. By ensuring that this guidance ends, DOD will no longer be able to enlist illegal immigrants through MAVNI.

Recommendation by the ACLU to vote NO: (6/28/2011): The DREAM Act promotes fundamental fairness for young people by allowing access to affordable post-secondary education and military service opportunities, regardless of immigration status, and would provide a path to citizenship for undocumented immigrants who came to the U.S. as children, have lived here for at least five years and have graduated from high school. The DREAM Act could result in billions of dollars in additional tax revenue from tapping the potential of DREAM-eligible students and future service personnel. Since September 11, 2001, more than 69,000 immigrants have earned citizenship while serving, and more than 125 who entered military service after that date have made the ultimate sacrifice in war by giving their lives for this nation.

Legislative outcome: Failed House 210 to 211 (no Senate vote)

Allow immigration bans from non-cooperating countries.

The National Origin-Based Antidiscrimination for Nonimmigrants Act (NO BAN Act) imposes limitations on the President's authority to suspend or restrict aliens from entering the US. It also prohibits religious discrimination in various immigration-related decisions, such as issuing a visa. The President may temporarily restrict the entry of any class of aliens after determining that the restriction would address specific and credible facts that threaten U.S. interests such as security or public safety.

GovTrack.us analysis (4/21/21): President Donald Trump instituted a travel ban on eight countries: Chad, Iran, Iraq, Libya, North Korea, Syria, Venezuela, and Yemen. The Supreme Court upheld the travel ban 5-4 in the 2018 decision Trump v. Hawaii. Trump's travel ban was popularly nicknamed "the Muslim ban" by its Democratic critics since most of the countries it applied to were majority Muslim, and because Trump as a 2016 candidate had indeed proposed a Muslim ban. Regardless, President Joe Biden rescinded the policy on his first day in office. Currently, federal law bans any person from being discriminated against when entering the U.S. on the basis of five characteristics: race, sex, nationality, place of birth, or place of residence. The NO BAN Act would add another category: religion.

Rep. Tom McClintock in OPPOSITION: President Trump invoked this authority against countries that were hotbeds of international terrorism and that were not cooperating with the US in providing basic information about travelers coming from these countries. The left called it a 'Muslim ban.' What nonsense. Without this authority, the president would have been powerless to take simple, prudent precautions against terrorists and criminals from entering the US.

Legislative Outcome: Passed House 218-208-3 on April 21, 2021, rollcall #127; introduced in Senate with 42 co-sponsors but no further Senate action during 2021.