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To solve the state's fiscal crisis, we must deal with spending on California's illegal population

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Posted: Friday, January 9, 2009 10:00 pm

According to Gov. Arnold Schwarzenegger's latest grim report, by the middle of next year, California's budget deficit will be $42 billion. Schwarzenegger claims that the state will be flat broke in February … as in next month.

Obviously, serious action resulting in long-term financial relief must be taken.

But so far, Schwarzenegger has only offered up predictable, short-term and ineffectual piecemeal solutions.

Among them are unpaid furloughs for certain state employees, putting off essential infrastructure repairs and a federal government bailout.

What's badly needed is a realistic approach to how California handles how it disburses muchneeded monies to its illegal alien population, a problem that has been ignored for 40 years.

Good news is on the horizon.

Voters will have a chance to put on the June 2010 ballot a measure that will deal fairly and realistically - not harshly and punitively - with California's alien population by effectively eliminating the 14th Amendment birthright citizenship clause that eventually entitles illegal immigrants to collect a cornucopia of social services.

According to many legal scholars, the 14th Amendment phrase "subject to the jurisdiction" means that birthright citizens can be born only to parents who are not subjects of a foreign power, as illegal aliens obviously are.

The California Taxpayer Protection Act is a statewide initiative that could end the automatic citizenship status wrongly bestowed upon children born to illegal aliens and foreign visitors in the United States.

Authored by Ted Hilton, a Constitutional law scholar and expert on the 14th Amendment's original intent, the measure has three major provisions.

First, it would create an alternate type of California birth certificate for children born to illegal aliens and others who are not legal permanent residents. A birth certificate - like the one I have - would be issued only to children with at least one parent who submits an affidavit stating that he or she is a citizen or a permanent legal resident, pending verification of social security numbers.

Second, the legislation would restrict illegal alien parents from applying for child-only benefits like Temporary Assistance for Needy Families for their U.S.- born children by requiring that all applicants be lawfully present.

Third, public benefits would be limited because qualifying for them would require a signed affidavit under penalty of perjury that one is a citizen or qualified alien, and it would use Systematic Alien Verification for Entitlements (SAVE) Program to verify legal residency.

Birth mothers who are not citizens or legal residents would be required to: apply for a birth certificate in person; provide complete identity as well as means of support; submit three passport-type photographs; and be fingerprinted.

All of this information would be provided to Immigration and Customs Enforcement. These applicants would pay a $75 fee.

An indirect benefit of the California Taxpayer Protection Act is that it will spark a national debate that's needed to act as a precursor to ending automatic citizenship nationwide.

If California is successful, it will set the stage for other states to follow with similar legislation. That, in turn, would likely prompt litigation in opposition that could eventually bring the question before give U.S. Supreme Court for a ruling.

The high court has never decided a citizenship case for children of illegal or temporary residents. Thus, the misguided and unintended interpretation of the Fourteenth Amendment has evolved.

Citizens have multiple reasons to support this measure.

In addition to saving millions of dollars, the act would reduce California's crime rate. A major reason deported criminal illegal aliens return immediately to the United States after deportation is because they have left behind children born here. According to Michael Chertoff, Homeland Security Secretary, there are two million criminal illegal aliens in the U.S.

There can never be "border security" without ending automatic citizenship.

June 2010 - 18 months from now - may seem a long way off. But initiatives that attempt to correct politically correct injustices are an uphill climb, so it's best to spread the word early.

Joe Guzzardi is recently retired from the Lodi Unified School District. Mail can be sent to him at guzzjoe@yahoo.com.

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  • posted at 12:36 pm on Fri, Jan 16, 2009.


    aragon59, i read Zinn, but not the other. It helped open my eyes. I'll have to check into the other book.

  • posted at 10:38 am on Fri, Jan 16, 2009.


    I read a book of US History by Henry Steele Commager and Peoples History of the US by Howard Zinn. Sadly T and C, all you Republicans get your history from Glenn Beck and Rush Limbo. By the way, who picked the lettice on your hamburgers for you?

  • posted at 8:58 am on Fri, Jan 16, 2009.


    aragon59! You really do need to read up on Illegal Immigration in America BEFORE you post comments!

  • posted at 8:56 am on Fri, Jan 16, 2009.


    WCPatty ... thats NOT the problem! They are checking and providing services anyway! The schools, hospitals and Emergency rooms KNOW where they live but are doing nothing to stem the tide! They are all part of the problem! ENFORCEMENT of our borders is what is needed! "I dare any bleeding heart liberal" to Sneak into Mexico and see what Mexico does to you!"

  • posted at 1:14 am on Fri, Jan 16, 2009.


    Joe is absolutely right. Birthright citizenship for those who sneak into this country must end. During the birth of each of my children, at least 2-3 women of questionable citizenship had their births paid for by MediCal. That means taxpayers footed the bill. The cost of 114,000 births to illegals in California in 2004 is estimated at $2 BILLION, twice as much as the state lottery brings to public schools. THIS MUST STOP for the state to become solvent. Basta con Los Estados Unidos El Pais del Todos Gratis.

  • posted at 9:46 am on Thu, Jan 15, 2009.


    I am really shocked that an intelligent columnist like yourself is resorting to reactionary bigoted platitudes over illegal immigration from Mexico and Central America(Canada? Forget it. Most of them blend in). Why don't you get into the root causes of this phenomena? How about for starters, two illegal wars waged in Nicaragua and El Salvador by St. Ron Reagan. The annexation of the Soutwest through agression(Texas and Mexican American War), and the United States unilateral decision to send all the manufacturing to China instead of using our latin american brothers for these dirty jobs. Communist China is officially the Third Largest Economy in the world because of our misguided trade policies. A Marshall Plan for Mexico and Central America could have accomplished this with the trillion dollars spent on the phony Halliburton/Exxon-Mobil/Bush/Cheney war. So check your racism at the door and get back to writing some good stuff again. Anybody want to join me for tacos at Taco Bell?

  • posted at 2:09 am on Thu, Jan 15, 2009.


    Another, and more important step: ENFORCE, ENFORCE, ENFORCE. Instead of relying on the "ship em back" tactic, give hefty fines to any school worker, healthcare worker, social worker, pubic assistance worker etc. who neglects to check for proper verifications. Remove the "incentives"!

  • posted at 11:15 am on Tue, Jan 13, 2009.


    California`s problem in the past is that they can`t say "NO" to ANYBODY!! Just say it`s "for the children" or to "save the environment" and our politicos get all goo-goo eyed. Although those days appear to gone. Time to pay the piper!

  • posted at 1:44 am on Mon, Jan 12, 2009.


    As long as California provides benefits to illegals and Sanctuary cities "Welcome them with open arms, they will flock to California!"

  • posted at 1:43 am on Mon, Jan 12, 2009.


    When you note that President Obama's own AUNT is in a federal housing project illegally in this country as we speak, what can you possibly expect from him regarding illegal immigration? She will be the first one he grants Amnesty too!

  • posted at 1:41 am on Mon, Jan 12, 2009.


    I see Obama granting Amnesty to 12 million illegals to "End the Massive Illegal Immigrant problem by Dec. 31st, 2009, because the hispanic Legal vote was totally for Obama, and he must and will repay the hispanic voters! As for the Border, National guard troops and or the military is an absolute must! Automatic Birthright citizenship is the PRIMARY reason Every Hispanic female illegally enters America whether she is pregnany NOW or after entry! It is their chance to remain in America because of "THE CHILDREN! We will NEVER remove percentage wise the 12-15 Million illegals that are hiding in America! Punishing the EMPLOYERS is ONE HUGE STEP towards drying up the BILLIONS wired back to Mexico to pay the "Coyotes" to transport more illegals into America!" Employers would be forced to modernize their companies esp. in Agriculture which they RESIST DOING, and in turn America's Legal citizens would get a FAIR wage, or the company simply chooses to "Close shop" which is highly unlikely! Bottom line, under Border Control and Automatic Birthright Citizenship and Employment are Addressed, there IS NO SOLUTION!

  • posted at 12:35 pm on Sat, Jan 10, 2009.


    Prior to the Civil War, citizenship was a state right. Nowhere in the original constitution is citizenship defined.Instead, the term "Citizen" is used to refer to these as foreign dignitaries, which are defined by the States.Respectfully, the original federal constitution is referring to States as foreign to the District of Columbia, because they are being allowed to have their own jurisdiction.

  • posted at 12:28 pm on Sat, Jan 10, 2009.


    If California wants to win the illegal alien battle, which is a battle with the federal government, not Mexico, California has to be willing to commit troops along its borders.

  • posted at 12:27 pm on Sat, Jan 10, 2009.


    Joe: California doesn't have jurisdiction on citizenship.The 14th amendment is in the federal constitution, not the state's.You have the "California Taxpayer Protection Act."When the states lost the Civil War, federal victory was manifested as the 14th amendment.

  • posted at 6:39 am on Sat, Jan 10, 2009.


    Russ, I agree. Nice editorial Joe.

  • posted at 4:51 am on Sat, Jan 10, 2009.


    I would like to be the first one to comment on this. I agree with Joe Guzzardi only about 75% of the time. I sure agree with this one. I could be wrong on the interpretation of the 14th Amendment, but I don't think so. My interpretation is that this amendment was introduced during Abraham Lincoln's time to give the Black Slaves -- Only Blacks -- birthrights and not illegals and/or immigrants with legal visas.


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