STAND. COM. REP. NO. 1037

Honolulu, Hawaii

RE:    S.C.R. No. 63

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Public Safety, Government Operations, and Military Affairs, to which was referred S.C.R. No. 63 entitled:

"SENATE CONCURRENT RESOLUTION URGING THE UNITED STATES CONGRESS TO UPHOLD THE CITIZENSHIP CLAUSE OF THE FOURTEENTH AMENDMENT OF THE UNITED STATES CONSTITUTION,"

begs leave to report as follows:

     The purpose and intent of this measure is to urge the United States Congress to uphold the longstanding right of citizenship, provided for in the Fourteenth Amendment of the United States Constitution, to all persons born in the United States.

     Your Committee received testimony in support of this measure from the American Civil Liberties Union of Hawai‘i.  Your Committee received comments on this measure from one individual.

     Your Committee finds that America is a nation of immigrants, and generations of Americans have understood that children born in the United States are entitled to United States citizenship, regardless of the nationality of their parents.  The idea of eliminating automatic citizenship for the children of unlawful immigrants is gaining traction as a method of curbing illegal immigration, despite several United States Supreme Court decisions affirming the fundamental right of citizenship for all people born within the United States.

     Your Committee believes that the right to United States citizenship should be extended to all persons born in this country regardless of the immigration status of parents of children born in the United States.  Your Committee finds that Hawaii is particularly fortunate to have many immigrant parents with children born in this State, who learn the value of hard work and a good education and contribute to the productivity, diversity, and growth of the State.

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Public Safety, Government Operations, and Military Affairs that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 63, as amended herein, and recommends that it be referred to the Committee on Judiciary and Labor, in the form attached hereto as S.C.R. No. 63, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Public Safety, Government Operations, and Military Affairs,

____________________________

WILL ESPERO, Chair