California Taxpayer Protection Act

Roy Beck, NumbersUSA, Dec. 30, 2008

Introduction to the California Taxpayer Protection Act

Dear Friends,

I want to call your attention to a statewide initiative in California that may change the debate on the automatic citizenship that is wrongly bestowed upon children born to illegal aliens and foreign visitors in the United States. The initiative—The California Taxpayer Protection Act—is being planned for the June 2010 California ballot. This may seem like a distant point on the horizon, but it’s really not when you consider the herculean efforts necessary to secure a spot on the ballot in the state. Supporters are being sought from across the nation for this important initiative.

Initiative Background

The initiative is sponsored by Taxpayer Revolution and authored by Ted Hilton, a scholar of Constitutional Law and expert on the 14th Amendment’s original intent. The measure has three major provisions that would:

• Create a second type of California birth certificate for children born to illegal aliens and others who are not permanent residents. The current certificate would be limited to children with at least one parent who submits an affidavit stating that he or she is a citizen or a permanent legal resident (Social Security Number verified);

• Restrict illegal alien parents from applying for child-only CalWORKS benefits (TANF) for their U.S. born child by requiring lawful presence of all applicants; and

• Limit public benefits by requiring a signed affidavit under penalty of perjury that one is a citizen or qualified alien, and using the 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 including means of support; submit three passport type photographs; and be fingerprinted. All of this information would be provided to Immigration and Customs Enforcement. Such mothers also would pay an additional $75 fee.

Qualifying the Initiative

To qualify for the ballot, the initiative requires 433,971 signatures. Since a cushion is needed for security, the proponents are seeking a total of 550,000. The last month to begin signature gathering, which must occur over a five-month period, is June 2009. However, experts believe that the best five-month period for gathering signatures is February through June.

Reasons to Support

NumbersUSA has long supported ending the automatic granting of U.S. citizenship to children born here to illegal aliens, finally righting a misguided and unintended interpretation of the Fourteenth Amendment. Prior to the introduction of this initiative, we have promoted passage of bills in Congress to this end. Those bills have not been successful and are not likely to see action in the 111th Congress. As such, we need to consider an alternative means for moving forward.

Passing an initiative in California requiring the issuance of two types of birth certificates will ignite the national debate needed as a precursor to ending automatic citizenship. Success in California will set the stage for other states to follow and likely prompt litigation that could give the U.S. Supreme Court an opportunity to rule. The high court has never decided a citizenship case for children of temporary residents or those here illegally. We are confident such a case would finally end this misbegotten policy.

The initiative has already been endorsed by Representatives Brian Bilbray (R-Calif.; Congressional Immigration Reform Caucus Chair) and Dana Rohrabacher (R-Calif.), Ward Connerly (proponent of English language and other initiatives), Peter Nunez (former Assistant Secretary of the U.S. Treasury), the California American Legion, and others.

How You Can Help

The proponents at Taxpayer Revolution are seeking assistance. Click here to visit the initiative’s web site and look for ways you might help. To submit your contact information, please click here.

I hope you find all this information helpful.

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