Arizona lawmaker takes aim at automatic citizenship

PHOENIX  Emboldened by passage of the nation’s toughest law against illegal immigration, the Arizona politician who sponsored the measure now wants to deny U.S. citizenship to children born in this country to undocumented parents.Legal scholars laugh out loud at Republican state Sen. Russell Pearce’s proposal and warn that it would be blatantly unconstitutional, since the 14th Amendment guarantees citizenship to anyone born in the U.S.

But Pearce brushes aside such concerns. And given the charged political atmosphere in Arizona, and public anger over what many regard as a failure by the federal government to secure the border, some politicians think the idea has a chance of passage.”I think the time is right,” said state Rep. John Kavanagh, a Republican from suburban Phoenix who is chairman of the powerful House Appropriations Committee. “Federal inaction is unacceptable, so the states have to start the process.”

Earlier this year, the Legislature set off a storm of protests around the country when it passed a law that directs police to check the immigration status of anyone they suspect is in the country illegally. The law also makes it a state crime to be an illegal immigrant. The measure, which takes effect July 29 unless blocked in court, has inflamed the national debate over immigration and led to boycotts against the state.

An estimated 10.8 million illegal immigrants were living in the U.S. as of January 2009, according to the Homeland Security Department. The Pew Hispanic Center estimates that as of 2008, there were 3.8 million illegal immigrants in this country whose children are U.S. citizens.

Pearce, who has yet to draft the legislation, proposes that the state of Arizona no longer issue birth certificates unless at least one parent can prove legal status. He contends that the practice of granting citizenship to anyone born in the U.S. encourages illegal immigrants to come to this country to give birth and secure full rights for their children.”We create the greatest inducement for breaking our laws,” he said.

The 14th Amendment, adopted in 1868 in the aftermath of the Civil War, reads: “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.” But Pearce argues that the amendment was meant to protect black people.”It’s been hijacked and abused,” he said. “There is no provision in the 14th Amendment for the declaration of citizenship to children born here to illegal aliens.”

John McGinnis, a conservative law professor at Northwestern University, said Pearce’s interpretation is “just completely wrong.” The “plain meaning” of the amendment is clear, he said.Senate candidate Rand Paul, a Kentucky Republican and darling of the tea party movement, made headlines last month after he told a Russian TV station that he favors denying citizenship to the children of illegal immigrants.

A similar bill was introduced at the federal level in 2009 by former Rep. Nathan Deal, a Georgia Republican, but it has gone nowhere.The Federation for American Immigration Reform, based in Washington, said Pearce’s idea would stop immigrants from traveling to the U.S. to give birth.

“Essentially we are talking about people who have absolutely no connection whatever with this country,” spokesman Ira Mehlman said. “The whole idea of citizenship means that you have some connection other than mere happenstance that you were born on U.S. soil.”Citizenship as a birthright is rare elsewhere in the world. Many countries require at least one parent to be a citizen or legal resident.

Adopting such a practice in the U.S. would be not only unconstitutional but also impractical and expensive, said Michele Waslin, a policy analyst with the pro-immigrant Immigration Policy Center in Washington.”Every single parent who has a child would have to go through this bureaucratic process of proving their own citizenship and therefore proving their child’s citizenship,” she said.

Araceli Viveros, 27, and her husband, Saul, 34, are illegal immigrants from the Mexican state of Guerrero. He has been in Phoenix for 20 years, she for 10, and their 2- and 9-year-old children are U.S. citizens.”I am so proud my children were born here. They can learn English and keep studying,” Viveros said in Spanish.

She said her husband has been working hard in Phoenix as a landscaper, and their children deserve to be citizens. The lawmaker’s proposal “is very bad,” she said. “It’s changing the Constitution, and some children won’t have the same rights as other children.”(AP)

President Barack Obama dared Republicans to try to repeal his new health care law

IOWA CITY, President Barack Obama dared Republicans to try to repeal his new health care law, telling them Thursday to “Go for it” and see how well they do with voters in November.”Be my guest,” Obama said in the first of many planned appearances to sell the revamp before fall congressional elections. “If they want to have that fight, we can have it. Because I don’t believe the American people are going to put the insurance industry back in the driver’s seat.”

With emotions raw around the nation over this week’s Democrats-only vote to approve the nearly $1 trillion redesign of the health care system, Obama took the opposition to task for “plenty of fear-mongering, plenty of overheated rhetoric.”

“If you turn on the news, you’ll see that those same folks are still shouting about how it’s going to be the end of the world because this bill passed,” said Obama, returning to the college town where, as a presidential candidate three years ago, he unveiled his plan to provide health care for all.

No Republican lawmakers voted for the 10-year, sweeping package that Obama signed Tuesday and will shape how almost every American will receive and pay for medical treatment. Many in the GOP are predicting it will prove devastating in November for the Democrats who voted for it.

Senate Republican leader Mitch McConnell of Kentucky said the GOP won’t give up “until this bill is repealed and replaced with common-sense ideas” that won’t dismantle the current system and increase the debt.

Some Democratic lawmakers have faced threats and vandalism because of their votes. Obama didn’t mention the incidents.

The president stressed the notion of a promise kept. As the crowd broke into a chant of “Yes we can!”, Obama corrected them: “Yes we did!”

Challenged by a young man in the audience who shouted several times, “What about the public option,” a liberal-backed proposal for the creation of a government-sponsored plan to compete with private insurers, Obama said: “We couldn’t get it through Congress.”

“This legislation is not perfect, as you just heard,” the president said. “But what this is, is a historic step to enshrine the principle that everybody gets health care coverage in this country, every single person.”

Afterward, Obama visited Prairie Lights Books – killing two birds with one stone. He had highlighted the store in his speech as a small business that has offered coverage to full-time employees for 20 years, but is struggling to continue to do so after its premiums rose last year by 35 percent. Obama also has frequently complained of his inability as president to do regular things – like browse a bookstore.

The White House suggests it has the upper hand on the issue politically, arguing the GOP risks a voter backlash because a repeal would take away many benefits. Among them are tax credits for small businesses to provide health care to their workers and $250 rebates for seniors to help pay for their presciption medications.Obama spoke as Democrats in Washington raced to complete the overhaul with a separate package of fixes to the main bill.

Senate leaders finished work Thursday on the fix-it legislation, already approved in the House. But Republican attempts to derail the bill resulted in minor changes, meaning the House must vote on it again before Obama can sign it. The House vote was expected by evening. (AP)

The insurer Humana said Wednesday it will cut about 2,500 positions as it adjusts to a smaller enrollment

LOUISVILLE, Ky. The insurer Humana said Wednesday it will cut about 2,500 positions as it adjusts to a smaller enrollment.Its Medicare enrollment slid 24 percent last year to 3.4 million people, while its commercial enrollment fell 6 percent to roughly the same amount.The Louisville company, however, said it will add 1,100 positions in growth areas like medical-cost containment and pharmacy management.The net loss of 1,400 jobs amounts to 5 percent of its work force. The reductions will come mostly from attrition, outsourcing and job eliminations.Humana said the changes would not affect its 2010 earnings guidance of between $5.15 and $5.35 per share.Humana said it has to align its size with its membership. The insurer’s total enrollment fell 11 percent last year. Humana finished 2009 with about 10.3 million people.Humana Inc. sells commercial insurance and Medicare Advantage plans, administers Medicaid coverage and provides coverage through the military’s Tricare program.

Kentucky Gov. Steve Beshear said he’s confident Humana will emerge from the restructuring as “a more efficient and competitive business.” Beshear said the state is ready to assist Humana with the restructuring and help people who lost jobs with the transition to new jobs.”Make no mistake, today’s news is difficult to hear,” Beshear said. “We hope many of those displaced will be employed in these developing positions.”Louisville Mayor Jerry Abramson said the city will try to lure as many of the 1,100 new positions to Louisville as possible.”I’m hopeful the restructuring will make Humana a stronger company and put it back on the road to the levels of job expansion we have seen in recent years,” Abramson said.Other health insurers also have announced job cuts over the past several quarters. Insurers have struggled during the recession with enrollment losses in their employer-based plans, as companies cut jobs and reduced the number of people covered by private insurance.

Aetna Inc. has cut 1,250 jobs since November. WellPoint Inc. and Cigna Corp. also have cut more than 1,000 jobs since the recession started.Humana said the reduction will help it create “a more efficient, agile infrastructure,” while also giving it resources to invest in growth opportunities.Humana earned $250.7 million, or $1.48 per share, in the fourth quarter of 2009 on $7.63 billion in revenue.The company’s commercial segment reported a wider fourth-quarter pretax loss mainly due to a higher percentage of premiums going to cover medical claims along with other higher expenses. Chief Operating Officer Jim Murray said earlier this month Humana was “stepping back and reorganizing our commercial business.”(AP)

difficult situation for Democrats in Congress is worsening as the 2010

Senate Majority Leader Harry Reid

WASHINGTON An already difficult situation for Democrats in Congress is worsening as the 2010 political season opens.To minimize expected losses in next fall’s election, President Barack Obama’s party is testing a line of attack that resurrects George W. Bush as a boogeyman and castigates Republicans as cozy with Wall Street.Four House Democrats from swing districts have recently chosen not to seek re-election, bringing to 11 the number of retirements that could leave Democratic-held seats vulnerable to Republicans. More Democratic retirements are expected.

Over the holiday break, another Democrat, freshman Rep. Parker Griffith of Alabama, defected to the GOP. “I can no longer align myself with a party that continues to pursue legislation that is bad for our country, hurts our economy, and drives us further and further into debt,” said Griffith, who voted against Democrats’ three biggest initiatives in 2009: health care, financial regulation and reducing global warming.

In the Senate, at least four Democrats – including Majority Leader Harry Reid of Nevada and five-term Connecticut Sen. Chris Dodd – are in serious trouble. The party could also lose its grip on seats Obama held in Illinois and Vice President Joe Biden long occupied in Delaware.

Going into 2010, Democrats held a 257-178 majority in the House and an effective 60-40 majority in the Senate, including two independents who align themselves with Democrats.But they face an incumbent-hostile electorate worried about a 10 percent unemployment rate, weary of wars and angry at politicians of all stripes. Many independents who backed Democrats in 2006 and 2008 have turned away. Republicans, meanwhile, are energized and united in opposing Obama’s policies.

The one thing that heartens Democrats is that voters also don’t think much of the GOP, which is bleeding backers, lacking a leader and facing a conservative revolt.House Democrats began an ad campaign in December assailing Republicans for opposing legislation restructuring federal financial rules and recalling the final days of the Bush presidency, when the economy tanked.

“Remember? We all know we should never let this happen again,” the ad says. It lays into Republicans for voting “to let Wall Street continue the same risky practices that crippled retirement accounts and left taxpayers on the hook for $700 billion.”Maryland Rep. Chris Van Hollen, who heads the House Democrats’ campaign arm, said his party wants to remind voters who was on their side at a difficult time. “The Republican Party in Washington today is no different than the Republican Party that ran the Congress before,” he said.

But that was three years ago. Democrats have been in control since, and Bush is long gone. This is Obama’s country now. Democrats tried to use Bush against Republican Chris Christie in the New Jersey governor’s race in November – and Democratic Gov. Jon Corzine still lost.A top Democratic priority is minimizing losses among nearly four dozen seats the party now holds in moderate-to-conservative districts that Republican John McCain won in the 2008 presidential race. The most vulnerable in that group include Democratic Reps. Mary Jo Kilroy in Ohio, Harry Teague in New Mexico, Frank Kratovil in Maryland, Tom Perriello in Virginia and Travis Childers in Mississippi.

Reps. Bart Gordon and John Tanner, both of Tennessee, were in that group until they chose to retire. So was Griffith, before he switched to the GOP. Retirement announcements from Reps. Dennis Moore of Kansas and Brian Baird of Washington put two more Democratic seats in swing-voting districts on the GOP’s target list.

Democrats insist that Gordon, Tanner, Moore and Baird are leaving for personal reasons and are not the first ripple in a wave of retirements akin to 1994 when 28 Democrats chose not to run, and Republicans won control in part by winning 22 of those seats.”Democrats are beginning to see the writing on the wall, and instead of choosing to fight in a difficult political environment, they are taking a pass and opting for retirement,” said Ken Spain, a spokesman for the House GOP’s campaign arm.

The GOP will be defending at least a dozen open seats because of retirements, with several lawmakers leaving the House to run for higher office.The situation for Democrats in the Senate is nearly as grim as it is for them in the House.Democrats crowed after six Senate Republicans – four from swing states Florida, Ohio, Missouri and New Hampshire and two from GOP-leaning Kansas and Kentucky – announced retirements.

Spirited GOP challenges are now expected in all six states, and Republicans say they are optimistic they can retain the seats. An emboldened GOP also is looking to put a pair of senior Senate Democrats out of office.Reid, who is seeking a fifth term, is faring poorly in surveys in a hypothetical matchup with Nevada GOP chairwoman Sue Lowden, one of several Republicans competing for a chance to challenge him.

Dodd, the Banking, Housing and Urban Affairs Committee chairman who has taken heat for a discounted VIP mortgage loan he got from a subprime lender, has been consistently behind potential GOP challenger Rob Simmons in Connecticut polls. Simmons, a former House member, has his own challenger in World Wrestling Entertainment co-founder Linda McMahon, who also is seeking the Republican nomination for Dodd’s seat.

Also vulnerable are Sen. Blanche Lincoln, a moderate Democrat in GOP-leaning Arkansas, and Sen. Michael Bennet in Colorado, who was appointed when Ken Salazar became Obama’s interior secretary.

Republicans have high hopes for picking up Senate seats in Illinois and Delaware that were held by the president and vice president, respectively. Neither of their appointed successors is seeking election to the seats.

Early polling shows GOP Rep. Mark Kirk leading among Republican candidates in Illinois. Veteran GOP Rep. Mike Castle, a former two-term governor, is running for the Senate in Delaware. Biden’s son, Democratic state Attorney General Beau Biden, is considering whether to challenge Castle. (AP)

The number of miners killed on the job in the United States fell for a second straight year to 34

mining machine breaks through a wall of coal

FRANKFORT, Ky. The number of miners killed on the job in the United States fell for a second straight year to 34, the fewest since officials began keeping records nearly a century ago.That was down from the previous low of 52 in 2008.U.S. Mine Safety and Health Administration documents show 18 of the deaths occurred in coal mines, down from 29 in 2008; and 16 were in gold, copper and other types of mines, down from 22 in 2008. Most involved aboveground truck accidents on mine property, though some of the deaths resulted from rock falls and being struck by machinery.Obama administration mine safety czar Joe Main said the numbers are encouraging, but he won’t be satisfied until no miners are killed on the job.”I think that’s accomplishable, if you look at where we came from, and where we’ve come to,” Main said.The latest statistics are vastly improved, he said, from a century ago when hundreds, sometimes thousands of miners were killed each year.The deadliest year in recorded U.S. coal mining history was 1907, when 3,242 deaths were reported. That year, the nation’s most deadly mine explosion killed 358 people near Monongah, W.Va.Main credits the decrease in deaths over the past year to beefed-up enforcement and stricter regulations in the wake of a series of mining disasters over the past four years in Kentucky, Utah and West Virginia.

In 2006, 73 miners were killed, including 12 who died in a methane explosion at the Sago Mine in West Virginia and five who died in a similar explosion at the Darby Mine in Kentucky. In 2007, 67 miners died, including six who were killed in the collapse of the Crandall Canyon mine in Utah.Coal states reacted by revamping their mine safety laws, and Congress toughened federal rules that that brought a variety of advances. Among the improvements are caches of oxygen stashed in underground mines in case miners are trapped, refuge chambers to provide shelter in emergencies, and a communications system to allow underground miners to talk with colleagues on the surface.

Steve Earle, United Mine Workers of America international vice president for the Midwest, said while those were important improvements, getting inspectors into the field is the key.”I can say without reservation that the safest day coal miners have is when inspectors are in the mines,” he said. “The more we can put our inspectors in the mines, the safer those mines will become and the closer we will come to zero fatalities.”

Mine safety advocate Tony Oppegard, who has successfully lobbied to triple the number mine inspections conducted in Kentucky, said mining remains a dangerous occupation.”Everyone who’s involved in mine safety has to be extremely vigilant,” he said. “There’s very small margin for error in coal mining. The smallest mistake can cost a miner his life.”Kentucky led the nation in mining deaths last year with six in coal mines and one in a limestone quarry. That was followed by West Virginia and Alabama, each of which had three coal miners killed.

Illinois, Louisiana, Missouri, Pennsylvania, Tennessee, and Texas each had two miners killed in coal, salt, alumina, zinc or sand and gravel operations. Arizona, Arkansas, California, Georgia, Iowa, Nevada, Ohio, Virginia and Puerto Rico had one miner killed in either clay, copper, gold, lime or sand and gravel operations.

“It’s never positive when you have numbers like that, but it could have been worse,” said David Moss, spokesman for the Kentucky Coal Association. “We’re always striving for that goal of zero. That’s what we work toward every single day.”Main credited cooperation between regulatory agencies, coal companies and miners with making mines safer, which led the decrease in workplace deaths.”It is historic,” he said. “And it does tell us we can achieve a point in time when we have no fatalities.”(AP)