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Legal news from Saturday, January 8, 2011




Amended citizenship requirement bill introduced in US House
Daniel Makosky on January 8, 2011 4:32 PM ET

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[JURIST] US Rep. Steve King (R-IA) [official website] on Wednesday introduced legislation [HR 104 materials] designed to restrict the automatic grant of citizenship to children born on US soil. The bill, designated the "Birthright Citizenship Act of 2011," seeks to deter illegal immigration [JURIST news archive] by amending the Immigration and Nationality Act (INA) [text] to limit citizenship only to those children with at least one parent that is a citizen, legal resident or an alien member of the US military. King stated [press release] that the bill is necessary to reduce the financial incentives for illegal immigration and curtail the 'birth tourism' industry. The American Civil Liberties Union (ACLU) [advocacy website] described [press release] the measure as an attempt to undermine the 14th Amendment [text] of the US Constitution, which states that, "All persons born or naturalized in the United States...are citizens of the United States." The bill currently bears 26 co-sponsorships, though further action has not yet been scheduled.

Senators Robert Menendez (D-NJ) and Patrick Leahy (D-VT) [official profiles] in October introduced [JURIST report] the Comprehensive Immigration Reform Act of 2010, which incorporates several previously proposed bills. Absent comprehensive reform at the federal level, illegal immigration continues to be a concern for local governments as well. In September, the US Court of Appeals for the Third Circuit [official website] ruled [opinion, PDF; JURIST report] that two ordinances passed by the city of Hazleton, Pennsylvania making it more difficult for illegal immigrants to live or work in the town are unconstitutional. Earlier that month, a judge for the US District Court for the District of Arizona [official website] granted a motion to dismiss a police officer's suit [JURIST reports] challenging Arizona's controversial immigration law [JURIST news archive]. In August, Arizona Governor Jan Brewer (R) [official website] filed the state's opening brief [text, PDF; JURIST report] in the US Court of Appeals for the Ninth Circuit [official website], asking the court to lift the preliminary injunction preventing the law from taking full effect. Also in August, a federal judge ruled [JURIST report] that the Nebraska Supreme Court should be the first forum to address a Fremont, Nebraska ordinance that bans the hiring, harboring or renting of property to illegal immigrants.




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Former lobbyist sentenced for campaign finance abuses
Daniel Makosky on January 8, 2011 2:27 PM ET

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[JURIST] A federal judge in the US District Court for the Eastern District of Virginia [official website] on Friday sentenced Paul Magliocchetti, founder of the now-defunct political lobbying firm PMA Group, to 27 months imprisonment [press release] for his involvement in campaign finance [JURIST news archive] improprieties spanning over five years. Magliocchetti was indicted [press release] in August and the following month pleaded guilty to charges of making illegal conduit and corporate contributions and making false statements. Between 2003 and 2008, Magliocchetti circumvented campaign finance regulations governing individual and corporate contributions by instructing friends, family and associates to make personal donations to specified candidates and reimbursing their expenses. The US Department of Justice (DOJ) [official website] contends that Magliocchetti funneled over $1 million to campaigns and political action committees in this manner, though Magliocchetti's confession admits to only $386,000 [Washington Post report]. In addition to confinement, US District Judge T.S. Ellis III also sentenced Magliocchetti to two years supervised release and ordered him to pay a fine of $75,000.

DOJ officials described Magliocchetti's collective activities as one of the largest campaign finance crimes in history, though stressed that the recipients were unaware of the funds' improper nature. Because of cases like Magliocchetti, pressure on politicians to be aware of where their campaign contributions come from has increased in recent years. In September 2009, the US Court of Appeals for the District of Columbia Circuit [official website] upheld [JURIST report] the constitutionality of the Honest Leadership and Open Government Act of 2007 (HLOGA) [text, PDF], a law passed [JURIST report] in 2007 that requires members of Congress to disclose more information about their fund-raising efforts and gifts they receive from lobbyists. The Obama administration has also tried to reduce the amount of contact between lobbyists and officials in the administration. In April 2009, leaders of several lobbying groups asked [JURIST report] the administration to eliminate or change restrictions it has put on contact that lobbyists can have with administration officials concerning American Recovery and Reinvestment Act of 2009 [text, PDF; official website] projects. Earlier that month, JURIST guest columnist William Luneburg [faculty profile] criticized constitutional arguments [JURIST op-ed] made by the lobbyist groups, arguing that the restrictions were needed to limit the disproportionate power of such groups.




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