Birthright
citizenship has long been the norm in the United States and it doesn't look like
that will change anytime soon. I for one am glad. As a lawyer I love bright
line rules that don’t really require much interpretation. If you’re born here, that’s
it…you are a citizen, end of story. That hasn't always been the case in this country and you can read all about it here.
Most
people think this is a pretty fair system, but this arbitrary way that we
assign citizenship leads to many unjust outcomes. It is one of the best ways to
point out how broken our immigration system really is. Let me be clear…I am not
advocating that we abandon birthright citizenship, but I am saying it should be
expanded to more people who weren't born in the US. To illustrate my point let
me present two fairly common scenarios.
Scenario
1 – Someone born in the U.S. to non-citizen parents leaves the U.S. with them
before age 1. This person grows up outside the U.S. and at age 18 decides, “Hey,
I think I might be better off in the U.S., I think I might go live there.” They
go to a port of entry with their birth certificate (or easily obtained U.S. passport)
and enter the U.S. ready to work, vote, and participate in society without any fear
of being deported for a minor offense. This person is also eligible for any
means tested public benefit for which he qualifies.
Scenario
2 – Someone born in a country that does not recognize birthright citizenship to
parents who are citizens of a third country. The parents bring this child to
the United States before age 1, right around the time the person in scenario
one is leaving. This person grows up here, speaks only English, and graduates from
high school. Because money was tight for his family and because of our ridiculously
arcane immigration laws he never became “legal” (whatever that means). Pay no
attention to the fact that his parents are legally present in the U.S. and he
has siblings born here. Now he wants to go to college, but he can’t because he
can’t afford it. He applies for the means tested benefits that the guy in
scenario 1 applies for, but is denied because he lacks legal status. So, not
wanting to be a drag on his family or society he enters the workforce. On his
way to work one day he is pulled over for an improper turn signal and
subsequently arrested for driving while unlicensed. He is turned over to
Immigration and Customs Enforcement by local authorities. Because he has no
legal status and no way to remain here (again, because of our ridiculous immigration
laws) the federal government will try to deport him, not to his country of
birth, but to the country of which his parents were previously citizens.
Now,
as for scenario 1…I am totally fine with this. While I have no love for the
welfare state, the fact that he can take advantage of it is a problem with the
welfare system, NOT the immigration system. I am always in favor of anyone
being able to come here anytime and for any reason so long as they can pull
their own weight. Arbitrary lines in the sand should not prohibit someone from
living where and how they want to live!
As
for scenario 2…there are a few things this guy can do to prevent his
deportation. None of them are cheap, guaranteed, or permanent, but why should
he have to do anything? Why can’t we have a system that works for people like
this? Short answer…politics, and BOTH sides are to blame! Birthright
citizenship is a start, but it isn't enough. Deferred Action for Childhood
Arrivals (DACA) was something, but it didn't go far enough. Why is someone who
is otherwise eligible for DACA, but was 33 the day it was announced not able to
benefit like someone who was 29 the day it was announced? Why is someone with a
high school diploma more deserving than the kid who decided to work and support
his family rather than finish high school? Why is the guy in scenario 1 more
deserving than the guy in scenario 2? The answer is NOT to restrict the guy in
scenario 1; it’s to expand our conception of citizenship to the guy in scenario
2. Our system is broken…it’s time to fix it.
I agree, and with the ever-increasing diversity of American society, the politicians who continue to hinder immigration reform will one day find themselves (metaphorically speaking) on the outside of the fence, looking in!
ReplyDeleteHave one daughter born in America (yungest) and two boys not american, one of the receive received his permits through DACA but the other one(oldest) graduated from highshcool with honors didn' t get the approval, he was offered scholsrships to different colleges but alway treated as international student which is 4 times more expensive.
DeleteWe came legally to this country 10 years ago and he have an absence of less than two years. I pay taxes every year, personal and business but he doesn't have the right to assist college and pay like his friends so he is just sitting at home waisting a great mind and bright future.
Nothing worse than feel that you as father are responsable for the frustration, sadness an uncertain future of your son.