The proposal would attempt to deny the benefits of automatic citizenship to babies born in the US to non-citizen parents, thereby preventing them many state benefits, such as subsidized health care to lower tuition at state universities.

Under the 14th Amendment to the US Constitution, US citizenship is guaranteed to anyone born in this country. However, according to Pearce, extending citizenship to people born of parents who are illegally present in the US is a misreading of the amendment.

The language of the amendment says that US citizenship requires not only birth in the US but that the must also be “subject to the jurisdiction” of this country, which according to Pearce does not apply to those here illegally.

However, Representative Kyrsten Sinema (D-Phoenix) says Pearce is misreading the Constitution.  The “jurisdiction” clause was inserted into the amendment because Congress did not want to automatically grant citizenship and the right to vote to Native Americans. According to her, the phrase was based on the principle that Indians are members of sovereign nations and are therefore not subject to US jurisdiction.  She further argues that visitors to the US, legal or otherwise, are subject to US jurisdiction, just as a foreigner who commits a crime in the US is prosecuted in an American court of law.

The Arizona Hospital and Healthcare Association is fighting Pearce’s proposal, declaring that it is not their job to enforce immigration law.

According to Pearce, he is not asking hospitals to provide immigration enforcement.  Under his proposed law, the burden of proving citizenship is on the parents.  IF they don’t present the necessary documentation, the hospital cannot issue a regular birth certificate.

However, according to the Arizona Hospital and Healthcare Association they do not want expectant mothers to be unwilling to receive proper medical care out of fear that they will be asked questions about their status in the US.