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Atlanta
6:17 pm
Fri January 7, 2011
Law Professor says one proposed immigration measure is unconstitutional
By Shomial Ahmad
Atlanta, GA – Lawmakers from several states announced plans to introduce legislation denying birthright citizenship to some. An Emory law professor says the measures are clearly unconstitutional.
All persons born in the United States are citizens of the country and of the states they reside in.
That's basically what the U.S. Constitution's 14th amendment states. Several state lawmakers from around the country plan to introduce measures that would deny the right to the children of illegal immigrants.
Georgia may be one of them. Polly Price is a law professor at Emory University. She says the proposed measures are clearly unconstitutional.
"States do not have the right to decide who is or is not a United States Citizen. For that to be constitutional it would have to be a sea change in the way the Supreme Court views the 14th amendment," says Price.
Price says if a law is introduced in the state, it would be quickly challenged.
"I would imagine there would be litigation, and the state would have to pay for defending the litigation. And in a case like this, those are costs towards something, which the state will certainly lose," she continues.
State Senator Jack Murphy is one of the chairs for a state committee on immigration reform.
His office says there's a strong possibility that another Georgia lawmaker will sponsor a bill this session.