Assigned to APPROP                                                                                                                      FOR COMMITTEE

ARIZONA STATE SENATE

Fiftieth Legislature, First Regular Session

FACT SHEET FOR S.B. 1309

Arizona citizenship

Purpose

            Establishes criteria for Arizona citizenship.

Background

            The Citizenship Clause in the 14^th Amendment to the U.S. Constitution states that, “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.”

            The fiscal impact associated with this legislation in undetermined.

Provisions

1. Declares that a person is an Arizona citizen if:

a) the person is born in the U.S. and subject to the jurisdiction thereof; and

b) the person is lawfully domiciled in Arizona.

2. Defines subject to the jurisdiction of the U.S. as the meaning that it bears in § 1 of the 14^th Amendment to the U.S. Constitution, which is that the person is a child of at least one parent who does not owe allegiance to any foreign sovereignty, or a child without citizenship or nationality in any foreign country.

3. Specifies that a person who does not owe allegiance to any foreign sovereignty is a U.S. citizen or national, an immigrant accorded the privilege of permanent U.S. residency, or a person without citizenship or nationality in any foreign country.

4. States that, in addition to the criteria of citizenship described in the above provisions, a person is an Arizona citizen if:

a) the person is naturalized in the U.S.

b) the person is lawfully domiciled in Arizona.

5. Specifies that Arizona citizenship does not confer to the holder any right, privilege, immunity or benefit under law.

6. Becomes effective on the general effective date.

Prepared by Senate Research

February 3, 2011

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