Newly Introduced Arizona Legislation
Under legislation that has been introduced in Arizona, children born in the state to undocumented parents would be issued a birth certificate which would indicate that the child is not a U.S. citizen. It is an almost certainty that the legislation will be challenged within a federal court. The legislation was introduced by Ron Gould and John Kavanagh; both republicans. Kris Kobach, who was recently elected as Secretary of State in Kansas, assisted with crafting the legislation. Kobach also assisted with drafting the highly controversial SB 1070, the Arizona state law that makes it a crime to be an undocumented immigrant in Arizona. The new legislation would only affect children who are born after the legislation is enacted. Bills HB 2561/SB 1308, if passed, will define the meaning of a U.S. citizen under Arizona state law. Under the legislation, at least one parent would be required to be a U.S. citizen or legal permanent resident. At least one parent would also be required to be 'subject to the jurisdiction' of U.S. law. That terminology in particular is highly important as it echoes language that is used within the 14th Amendment. Advocates of the legislation in Arizona as well as similar bills within other states hope to challenge the historic interpretation of the phrasing that has been used as proof that children born in the United States, regardless of their parents' citizenship status, are eligible for citizenship.

Separate Birth Certificates
The authors of the bills in Arizona have contended that undocumented immigrants are not actually subject to the jurisdiction of the United States. Consequently, children of undocumented workers are not eligible to automatically receive citizenship. Furthermore, the proposed legislation in Arizona would also require the state to produce separate birth certificates for children who are designated as Arizona citizens. The legislation also provides further instructions for the state to request Congress to allow the state to establish agreements with other states that would recognize their citizenship birth certificates. Ultimately, the goal of the legislation is not to punish children born to undocumented workers but to advocate for the 14th Amendment to be reinterpreted, according to the lawmakers who authored the bills. At minimum, 14 other states may also soon be introducing similar legislation.

The 14th Amendment
The 14th Amendment was ratified in 1868 following the Civil War and was originally intended to ensure that children of former slaves would be granted U.S. Citizenship. It states "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." Opponents of the legislation have already begun to denounce it, indicating they believe that passing such legislation would ultimately make children born to undocumented immigrants second-class citizens and establish a state of apartheid in the state of Arizona. Pro-immigrant activists have further stated they believe the legislation is merely a part of a specific strategy meant to scare people and force them into self-deporting. Advocates of the legislation contend that it would actually save Arizona millions of dollars by preventing the expenditure of money on social services and education for children born to undocumented workers. It would also serve as a deterrent for illegal immigrants coming to the U.S. in the future.