Mr. Chairman, Members of the Subcommittee:

I appreciate this opportunity to add my comments to the subcommittee's deliberations on H.R. 7, a bill that would deny birthright citizenship to children born in America to illegal immigrant parents.

Today and throughout history, immigrants have brought enormous benefits to America. I believe strongly that our system of legal immigration should be preserved. We must heed the words of Father Hesburgh who said that we must close the back door of illegal immigration in order to keep open the golden door of legal immigration. I also believe that America is entitled to have its laws respected, and those who seek an opportunity to come here should come as legal immigrants, in accordance with our laws.

In order to combat illegal immigration, H.R. 7 would violate a constitutional right guaranteed by the 14^th Amendment -- the guarantee that all children born in America are granted citizenship with equal rights and protections under our laws. This guarantee was put in place to prevent the revival of the Dred Scott decision of 1857, or any other means of excluding a class of Americans from full citizenship.

There are many reasons to reduce illegal immigration and there are many ways to achieve that objective. Violating a constitutional right is not one of those means, and I respectfully urge the subcommittee to reject this approach.

Congress comprehensively addressed the issue of illegal immigration in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 by increasing border enforcement, increasing penalties for alien smuggling, and by making it more difficult for visitors to overstay legal visas and become illegal immigrants. Congressional oversight of the Immigration and Naturalization Service is undoubtedly having a further positive impact on the total effort to stop illegal immigration, and to increase respect for immigration laws.

To my mind, it is doubtful that elimination of birthright citizenship would have a significant impact on illegal immigration, or that it would even touch the fundamental incentive that brings many illegal immigrants to America -- the desire to work and improve their lives.

Beyond its clear violation of the 14^th Amendment, passage of H.R. 7 would create a new series of practical problems for citizens and government alike, as native-born Americans would have to prove their parents' citizenship in order to enjoy the rights and privileges of their own citizenship. This in turn would introduce new possibilities for racial and ethnic discrimination.

Lastly, it is absolutely clear that legislative efforts to circumscribe the 14^th Amendment would raise a series of doubts and concerns about the bedrock civil rights protections that have been enshrined in our Constitution since the Civil War.

No aspect of today's illegal immigration problem justifies an assault on the 14^th Amendment. Everything in our character as Americans -- regardless of our party affiliation, reggardless of where we were born -- should lead us to venerate and preserve the structure of civil rights protections that the struggle and sacrifice of Abraham Lincoln and countless Americans produced a century ago.