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John Fleming on Immigration

 

 


No amnesty; secure borders; official English

Yes, we have always been a nation of immigrants. But today we face the challenge of a new influx of people from other countries who are coming here illegally. By definition, if it is illegal, then it is not immigration, because immigration is an orderly, legal process.

What we are confronted with today is an invasion by illegal aliens. Besides the illegality and the criminality of the situation, there is a new motive for coming to America. The motive is not freedom in the classic sense of the word, nor is it a desire to be fully American. The underlying motive of illegal aliens is economic. It is about money, making it and also sending it out the country. I will immediately sponsor legislation to:

Source: 2008 House campaign website, flemingforcongress.com "Issues" , Dec 6, 2008

End Birthright Citizenship; no more anchor babies.

Fleming signed H.R.1868

    Amends the Immigration and Nationality Act to consider a person born in the United States "subject to the jurisdiction" of the United States for citizenship at birth purposes if the person is born in the United States of parents, one of whom is:
  1. a U.S. citizen or national;
  2. a lawful permanent resident alien whose residence is in the United States; or
  3. an alien performing active service in the U.S. Armed Forces.
Acknowledge the right of birthright citizenship established by section 1 of the 14th amendment to the Constitution, regarding a person born in the United States.

The amendment made by subsection (a)(3) shall not be construed to affect the citizenship or nationality status of any person born before the date of the enactment of this Act.

[OnTheIssues note: This bill would change the existing interpretation of the 14th Amendment to the Constitution, which currently defines as a US citizen any person born within US territory. This bill intends to remove the right of illegal aliens to gain US citizenship by bearing children while in the country illegally; the issue is known by bill supporters as "anchor babies"]

Source: Birthright Citizenship Act 09-HR1868 on Apr 2, 2009

Rated A by the ALI, indicating a strongly anti-amnesty stance.

Fleming scores A by ALIPAC, Americans for Legal Immigration

ALIPAC supporters have a diverse range of opinions, yet we are united in the belief that more should be done to reduce illegal immigration. ALIPAC supports those that legally immigrate, but we DO NOT support any amnesty, visa expansion, or "Guest Worker" program designed to reward illegal aliens or legalize their presence in the US. We support a peaceful, non racist, rule of law approach to resolving illegal immigration. America is a land of generous and caring people, but our hospitality and values are being strained and abused by those who are willing to break the law and take our jobs and our tax dollars. America's illegal alien population will begin to shrink instead of grow if we support candidates that will reflect the will of the vast majority of American citizens.

    FOUR POINT PLATFORM: "Simply enforce our existing immigration laws!"
  1. Secure Our Borders
  2. Crack down on employers that intentionally hire illegals
  3. Remove incentives and rewards to illegals such as licenses, welfare, and other taxpayer benefits
  4. Enforce our existing laws and deport illegal aliens when convicted of crimes or detected during routine law enforcement activities.
Source: ALI website 10-ALI on Nov 2, 2010

Redefine "birthright citizenship" to exclude illegal aliens.

Fleming co-sponsored Birthright Citizenship Act

Congressional Summary: Acknowledging the right of birthright citizenship established by section 1 of the 14th amendment to the Constitution, amends the Immigration and Nationality Act to consider a person born in the United States "subject to the jurisdiction" of the United States for citizenship at birth purposes if the person is born in the United States of parents, one of whom is:

  1. a U.S. citizen or national;
  2. a lawful permanent resident alien whose residence is in the United States; or
  3. an alien performing active service in the U.S. Armed Forces.

Constitutional Authority Statement: Congress has the power to enact this legislation pursuant to the following: Section 5 of the Amendment XIV to the Constitution and Section 8 of Article I of the Constitution.

OnTheIssues Explanation:The relevant part of this law is what is NOT in the list above: illegal aliens or undocumented workers. Those groups are this bill's target: it addresses the issue of "anchor babies," wherein non-citizen mothers cross the US border and give birth in the US and thereby establish citizenship for their newborn. If passed, this bill will likely face a Supreme Court challenge on its constitutionality, since the 14th Amendment defines citizens as "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." That clause was written after the Civil War to establish citizenship for former slaves; this bill reinterprets that clause to mean that not everyone born in the US automatically becomes a citizen. The cited authorization of the 14th Amendment is "Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."

Source: H.R.140 11-HR140 on Jan 5, 2011

No birthright citizenship unless one parent is an American.

Fleming co-sponsored Birthright Citizenship Act

Congressional Summary:
Amends the Immigration and Nationality Act to consider a person born in the United States "subject to the jurisdiction" of the United States for citizenship at birth purposes if the person is born in the United States of parents, one of whom is:

  1. a U.S. citizen or national,
  2. a lawful permanent resident alien whose residence is in the United States, or
  3. an alien performing active service in the U.S. Armed Forces.

Explanation from OpenCongress.org:
This bill would eliminate birthright citizenship for children born to undocumented immigrants in the U.S. Current U.S. law automatically recognizes any person born on American soil as a natural born citizen. Under the bill, only children with at least one parent who is a U.S. citizen, a legal permanent resident, or an undocumented immigrant serving in the military would be considered citizens.
Source: H.R.140 13-HR0140 on Jan 3, 2013

Voted YES to ban DREAMer immigrants from military service.

Fleming voted YEA Gosar Anti-DACA Amendment to H.R. 5293

Congressional Summary: The House voted on an amendment by Rep. Paul Gosar (R-AZ) to H.R. 5293, the Department of Defense Appropriations Act of 2017. The amendment would prohibit funds from being used to extend the expiration of, or reissue a new expiration date to, the Military Accessions Vital to National Interest (MAVNI) program.

Recommendation by Heritage Foundation to vote YES:(6/16/2016): The MAVNI program is a pilot program authorizing "military services to recruit certain legal immigrants whose skills are considered to be vital to the national interest." However, a DoD memo has made it clear that DACA/DAPA recipients are eligible under this program, essentially opening up a pathway to amnesty for illegal aliens who enlist. By ensuring that this guidance ends, DOD will no longer be able to enlist illegal immigrants through MAVNI.

Recommendation by the ACLU to vote NO: (6/28/2011): The DREAM Act promotes fundamental fairness for young people by allowing access to affordable post-secondary education and military service opportunities, regardless of immigration status, and would provide a path to citizenship for undocumented immigrants who came to the U.S. as children, have lived here for at least five years and have graduated from high school. The DREAM Act could result in billions of dollars in additional tax revenue from tapping the potential of DREAM-eligible students and future service personnel. Since September 11, 2001, more than 69,000 immigrants have earned citizenship while serving, and more than 125 who entered military service after that date have made the ultimate sacrifice in war by giving their lives for this nation.

Legislative outcome: Failed House 210 to 211 (no Senate vote)

Source: Supreme Court case 16-H5293 argued on Jun 16, 2016

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