Speech #1040123512

Mr. President. I rise in support of the amendment of the Senator from California. which would require that the immigrant deeming requirements of the Dole bill end once the immigrant becomes a U.S. citizen. One of the fundamental principles of our Constitution Is the equal treatment of all American citizens. regardless of race. sex. creed. or national origin. It is enshrined in the Bill of Rights and the 14th amendment. The Supreme Court has held repeatedly that there is only one area in which naturalized citizens do not have the same rights and privileges as the nativebornand that is in becoming President. The Dole bill departs from this basic American principle. It says that if you are a naturalized citizen of this country and fall on hard times. the welfare rules that applied to you as an immigrant could still apply. The income of your sponsor can be deemed as your own income in determining your eligibility for assistance. even though you are now an American citizen. This is secondclass citizenship. This rule does not apply to nativeborn citizensonly naturalized Americans. If your nativeborn mother or brother needs Medicaid. the Government does not consider your income in deciding whether they are eligible. But under this bill. if they are naturalized citizens. and if you sponsored them in coming to the United Stateseven if you did so years agothe Government could still count your income in determining their eligibility for help. At a Justice Department oversight hearing on June 27. I asked Attorney General Janet Reno about this proposal. She responded. "Our Office of Legal Counsel has examined this provision * * * and it has very serious concerns about its constitutionality as applied to naturalized citizens." An opinion I received from the Justice Department on July 18 elaborates on the Attorney Generals statement. It says: Because the deeming provision in question here. as applied to citizens. Is directed at and reaches only naturalized citizens. (this) compels the conclusion that it constitutes discrimination against naturalized citizens. The opinion further states that: As a matter of policy. we think it would be a mistake to begin now to relegate naturalized citizens--who have demonstrated their commitment to our country by undergoing the naturalization processto a kind of secondclass status. The Supreme Court has clearly said that distinctions between nativeborn and naturalized citizens are unconstitutional. In 1964. in Schneider versus Rusk. the Court emphasized that "the rights of citizenship of the nativeborn and of the naturalized person are of the same dignity and are coextensive." Some argue that in bringing an immigrant to this country. the sponsor enters into a contract. promising to assist the immigrant for a specified period. whether or not the immigrant becomes a citizen in the meantime. They argue that this contractual commitment is like a trust.-and that a trust is considered in determining eligibility for welfare. whether or not the applicant is a nativeborn citizen or naturalized. However. the fact remains that this kind of arrangementthe deeming of a sponsors incomeis one which would only apply to naturalized citizens. For this reason. the Justice Department regards It as national origins discrimination. sinceAmong citizens otherwise eligible for government assistance. the class excluded by operation of the deeming provision is limited to those born outside the United States. Those who naturalize and become citizens have made a substantial commitment to this country. They will have been here for at least 6 or 7 years5 years to qualify for citizenship and 1 to 2 years to complete the naturalization process. They are required under our laws to have demonstrated good moral character for the years preceding their naturalization. Most likely. they have worked and paid taxes throughout this period. And they have chosen America as the place to raise their children and build their futures. American citizens are American citizens. whether by birth or by choice. We should not undermine this fundamental principle of our Constitution. I urge the adoption of the amendment of the Senator from California to ensure that when American citizens fall on hard times. their Government will be there to helpwhether they were born as Americans or are naturalized Americans.