ASSEMBLY, No. 4157

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED JUNE 20, 2011

 


 

Sponsored by:

Assemblywoman  ALISON LITTELL MCHOSE

District 24 (Sussex, Hunterdon and Morris)

 

 

 

 

SYNOPSIS

     Authorizes Governor to enter into interstate compact to clarify fourteenth Amendment.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning immigration, supplementing chapter 9 of Appendix A, and authorizing the Governor, on behalf of the State of New Jersey, to enter into an interstate compact with Governors of other states who are signatories of the compact, and authorizing the Governor to apply, on behalf of the State of New Jersey, to the Congress of the United States for its consent to such interstate compact. 

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    The signatories to this compact shall make a distinction in the birth certificates, certificates of live birth, or other birth records issued in the signatory states, between persons born in the signatory states who are born subject to the jurisdiction of the United States and persons who are not born subject to the jurisdiction of the United States.  Persons born subject to the jurisdiction of the United States shall be designated as natural-born United States Citizens. 

    

     2.    “Subject to the jurisdiction of the United States” has the meaning that it bears in section I of the Fourteenth Amendment to the United States Constitution, namely that the person is a child of at least one parent who owes no allegiance to any foreign sovereignty, or a child without citizenship or nationality in any foreign country.  For the purposes of this compact, a person who owes no allegiance to any foreign sovereignty is a United States citizen or national, or an immigrant accorded the privilege of residing permanently in the United States, or a person without citizenship or nationality in any foreign country.   

 

     3.    This compact shall not take effect until Congress has given its consent, pursuant to Article I, section 10, clause III.

 

 

STATEMENT

 

     This bill authorizes the Governor to enter into an interstate compact with Governors from other states to clarify the fourteenth Amendment of the United States Constitution.  The “citizenship clause” of the fourteenth Amendment states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”

     Specifically, the compact requires that each state amend its respective statutes to require that a distinction in the birth certificates be made to differentiate between persons born in signatory states, and those who are not born subject to the jurisdiction of the United States.  Under the compact, a person born subject to the jurisdiction of the United States is considered to be a natural-born United States citizen. 

     This compact does not take effect until approved by Congress pursuant to Article I, section 10, clause III of the United States Constitution.