CHILDREN
OF FOREIGN NATIONALS:
NEW PATHWAYS TO CITIZENSHIP
SYNOPSIS:
The proposed DREAM Act has been repeatedly rejected
by the U.S. Congress.
It would have given protected status and perhaps a pathway to
citizenship
to foreign-born children who were brought into the United States
when their parents emigrated without permission.
In 2017, a new DREAM bill was proposed,
largely as a replacement for the DACA program being phased out.
Any new legislation concerning the children of
foreign nationals
might include all
foreign children
without regard to where they were born.
In other words, any alternative to the DREAM Act would embrace
all
children of citizens of other countries who are settled in the
USA:
children
born
to foreign nationals while they were living in the USA
as well as children who were brought
into the USA
without permission after
they were born.
OUTLINE:
1.
THE BASIC PURPOSE OF THE DREAM ACT
2. THE JUSTICE OF EARNED CITIZENSHIP
FOR CHILDREN
OF FOREIGN NATIONALS
3. ENDING AUTOMATIC CITIZENSHIP
FOR CHILDREN
BORN IN THE USA TO FOREIGN NATIONALS
4.
HOW MANY CHILDREN ARE CITIZENS OF OTHER COUNTRIES?
5. NEW PATHWAYS TO CITIZENSHIP
6. LIMITING CHAIN-IMMIGRATION
7. REGISTRATION OF ALL FOREIGN NATIONALS
8.
ANY IMMIGRATION REFORM WILL CONTAIN COMPROMISES
9.
DEPORTATION OF DREAMers SUSPENDED IN JUNE 2012
RESULT:
If
this chapter achieves its purpose,
the reader will begin to think of comprehensive ways
for all of the
children of foreign nationals living in the USA
to be treated the same—without
regard to location of birth.
And once we begin to think creatively about
children,
we might apply the same principles to all foreign nationals
already settled within the borders of the United States.
What new pathways to American citizenship should we create?
CHILDREN
OF FOREIGN NATIONALS:
NEW
PATHWAYS TO CITIZENSHIP
by James Leonard Park
1. THE BASIC PURPOSE OF THE
DREAM
ACT
As originally proposed, the DREAM Act was intended
to provide a pathway to
citizenship for children of foreign nationals
who were brought into the USA without
permission.
Because these children were born
in other countries,
they were normally citizens of those countries by birth.
But, especially if they came to the USA as
very young children,
they have spent basically all
of their lives in the United States.
When they were school-age, they were educated in U.S. schools.
They have absorbed the American way of life by living in the USA.
Often they know more about life in the United States
than about life in their
countries of birth.
Most of them speak English, perhaps better than their parents.
And almost all wish to become American citizens.
The proposed DREAM Act set forth some ways for
foreign children
to earn citizenship
in the United States of America.
For example, they could complete two years of college.
Or they could serve two years in any branch of the U.S. military
forces.
2. THE JUSTICE OF EARNED CITIZENSHIP
FOR CHILDREN
OF FOREIGN
NATIONALS
It was no fault of their own that they were either
born in the USA or
brought into the USA without permission while they were still minor
children.
These children are entirely
innocent
of any possible violations of law committed by
their parents.
So they should not be punished for the unlawful behavior of others.
The blame for the present facts rests with ineffective immigration control.
The United States of America has had very porous borders,
which has allowed millions
of citizens of other countries
to enter and settle in the USA
without permission.
And the enforcement of visas has similarly been lax.
Citizens of other countries who were granted permission to visit the USA
sometimes came into the United States with official authorization;
but then they did not return to their homelands when their visas
expired.
The U.S. government did
not keep track of them well enough
to make sure they went back to their countries of citizenship
when the agreed period for work, study, or vacation was completed.
A picture-based National
Identity
File would be the easiest way
to replace most such ineffective immigration controls.
Green Cards, passports, & other immigration documents include
photos.
When these photos are printed on paper or plastic,
false documents can easily be created.
But if the photos were in the computer
of the
National
Identity Bureau,
then identities could not be
stolen
and false identities could
not be created.
When a National Identity Bureau is created,
immigration without
permission
will dry up
because citizens of other countries present in the USA without
permission
would not be able to obtain
jobs,
open bank accounts,
or conduct dozens of other activities that require identification.
We might also create simple pathways to citizenship
for adults who slipped into the USA because of lax immigration
controls.
In many cases, this would be more
just
than sending them back to their
countries of origin.
3. ENDING AUTOMATIC
CITIZENSHIP
FOR CHILDREN
BORN IN THE USA TO FOREIGN NATIONALS
Immigration reform favored by Republicans
will probably include ending
birthright citizenship.
After the effective date of any such new legislation,
all children born to
mothers who are citizens of other countries
would be registered as
citizens of the mother's homeland.
That is, all children would have the same citizenship as their parents.
This is also true of children of U.S. citizens who happen to be born
while their American mothers are living in other countries.
Whether birthright citizenship can be ended in the
USA
by a simple change of law
will probably have to be reviewed by the U.S. Supreme Court.
Some opponents of ending birthright citizenship
claim that the 14th Amendment to the U.S. Constitution
is the source of this right.
But a strong case can be made that the 14th Amendment
was intended to grant
citizenship to former slaves
and was never intended to cover children born to foreign visitors.
More discussion of ways to clarify who is included in birthright
citizenship
will be found here: "Born in the USA: The Easy Way to Become a U.S.
Citizen":
https://s3.amazonaws.com/aws-website-jamesleonardpark---freelibrary-3puxk/CY-B-USA.html
If immigration reform ends automatic American
citizenship
for all foreign babies born somewhere in the USA,
then all children of foreign
nationals will be treated the same
—no
matter where and when they were born.
The whole family will have
the same citizenship.
Ending automatic citizenship based on location of
birth
would not cancel the citizenship of babies already born.
But it would put new babies
born to citizens of other countries
into the same category as children
brought into the USA without
permission after they were already alive.
The whole family would have the same
pathway to citizenship.
Consider this example:
A family from Canada came into the USA without permission.
There were two parents and two children, ages 4 and 8.
While they were living in the USA, one additional child was born.
If new legislation ends birthright
citizenship
for babies born to citizens of other countries,
then all three children would be Canadian citizens, along
with their
parents.
And the whole family might qualify for naturalization as a unit.
The new baby has the same citizenship as the rest of
the family.
Then, under existing or new laws with regard to naturalization,
the two parents and the three children
could all become American citizens on the same day.
4. HOW MANY CHILDREN ARE CITIZENS OF OTHER COUNTRIES?
An estimated two million children of foreign
nationals
would have been eligible for citizenship under the original DREAM Act.
If children born in the USA to citizens of other countries are
included,
this number of children
would increase by about half-a-million
per year.
(foreign children born in the USA plus new children brought in)
The 10 million foreign nationals settled in the USA
without permission
give birth to 400,000 children each year.
This number of new babies would diminish
if there were fewer foreign nationals living in the USA
and if birthright citizenship is ended.
These numbers cannot be very precise,
because the U.S. Census Bureau is unable to count foreign nationals
who do not wish to be
known by any arm of government.
After better methods of registering all people living in the USA are
created,
we will know if the number of foreign nationals is 12 million or even
more.
The U.S. Census Bureau estimates that 380,000
babies are born each year
to mothers who are not authorized to be present in the USA.
Because citizens of other countries living in the USA without permission
do their best not to be
noticed,
the reported numbers will probably increase as better registration is
achieved.
Here we will use the estimate of 400,000 new babies born each
year
to mothers who are present in the USA without permission.
If and when birthright citizenship is ended,
the number of children born to foreign citizens might decrease each
year.
Citizens of other countries would lose their incentive to have
children
in order to win American citizenship for the whole family.
By ending automatic citizenship based on location of birth,
any new children born to foreign nationals
would also be citizens of the
same countries as their parents.
When the parents are finally registered with the U.S. government,
all of their children will also be registered.
Everyone in the family will
have the same legal status and
citizenship.
As other immigration reforms become effective,
the numbers of citizens of other countries living in the USA
would be reduced each
year.
Some foreigners will become naturalized U.S. citizens.
Some will return to their homelands.
All immigrants will come into the USA with permission.
And their children can become citizens right along with their parents
if they are still minors when their parents are naturalized.
Effective immigration reform will eventually
eliminate
the problems of mixed-status families:
All living children of immigrant families will be named on their visas.
All children born into immigrant families after immigration
will also remain citizens of the homelands of their parents
until the whole family is naturalized—parents
and children together.
Immigration
reform will keep the whole family one citizenship.
This will eliminate family-break-up under current immigration law.
The family will be kept together, no matter where they live:
All minor children will either be naturalized with their parents
or return to their homeland if the parents are repatriated.
5. NEW PATHWAYS TO
CITIZENSHIP
The
specific problems of children of foreign nationals
will probably be solved by comprehensive immigration reform.
When the immigration-status of the parents is settled,
any and all minor children will also be included.
Because we cannot return all foreign
nationals to their homelands,
should we offer U.S. citizenship for most of these
immigrants?
The standards for naturalization are already defined in law.
And these criteria for American citizenship can be expanded.
The new pathways to citizenship would obviously take into account
the requirements for becoming U.S. citizens:
being able to use the English language,
being able to support themselves,
following the all federal, state, & local laws, etc.
Whatever new pathways we create,
some
individuals will fall short of the
requirements.
They will not be able to earn U.S. citizenship.
Some will not qualify because they continue to violate
other laws.
Reasonable methods of repatriating those who do not qualify
for U.S.
citizenship must also be created.
The time-line for each pathway toward citizenship
will normally embrace several years.
And persons initially rejected because of continuing criminal
behavior
(which puts them into correctional institutions)
might be able to amend their
ways
and prove that they can contribute
to American society.
6. LIMITING CHAIN-IMMIGRATION
Another likely element of immigration reform
would change the very liberal definitions in current immigration law
concerning who can emigrate into the USA as family members.
Perhaps "family" would mean only nuclear families:
Two parents, plus all of their minor children.
More distant relatives such as siblings and parents
of persons given permission to live in the USA
would have to apply under the same
criteria used for all foreign
nationals.
They should certainly mention in their applications for visas
that they do have such-and-such relatives already living in the USA.
But this bare fact should not grant automatic admission to America.
7. REGISTRATION OF ALL
FOREIGN
NATIONALS
Another possible provision of immigration reform
would be to include complete
registration
of all citizens of other countries living in the United States.
Those who have visas and/or Green Cards are already registered.
But there are other foreigners settled in the USA
without permission.
Perhaps one requirement for citizenship under
immigration reform
would be the disclosure and
registration of all other family members.
If such provisions seem to discriminate against
certain groups,
then the new laws for immigration could include
universal registration of all
people living in the
USA.
Such a registration would list all U.S. citizens and non-citizens,
including all children, no matter where they were born.
Every man, woman, or child living in the USA or its territories
would be included in the computer of a new National
Identity
Bureau.
8. ANY IMMIGRATION REFORM
WILL
CONTAIN COMPROMISES
Even tho advocates of various positions might have
strong views,
realists will recognize that some compromises
will have to be made in order for any bill to become law.
Comprehensive immigration reform means
accepting
reasonable new controls on immigration.
Which new controls would be workable, appropriate, & measured?
Which new provisions would genuinely benefit
America?
9. DEPORTATION OF DREAMers
SUSPENDED IN JUNE 2012
On June 15, 2012, the U.S. Department of Homeland
Security
announced "deferred action" for all foreign nationals
who would qualify
for the DREAM act.
This is officially called "deferred action for childhood arrivals"—DACA.
By administrative decision (in contrast to new legislation),
foreign nationals who were children when they were brought into the USA
(age 15 or below) were no longer be subject to immediate deportation
if they were less than 31 years old on June 15, 2012.
They were not prosecuted for the immigration violations of their
parents.
And, unless they were convicted of serious crimes,
they were given temporary authorization to work in the USA.
Such two-year authorizations were renewed on a case-by-case basis.
This "deferred action" did not grant amnesty.
And it did not automatically open a pathway to American citizenship.
Also, after the foreign nationals registered with the U.S. government,
the months under this new status do not count as months 'out of
status'.
These actions were begun by administrative decision
of the U.S. Department of Homeland Security in 2012.
And DACA was continued until September 5, 2017
by the new administration, which took office in January 2017.
About 800,000 law-abiding young-adult foreign nationals
who were brought into America by their parents without permission
were registered under this temporary status
as of the end of new applicants on September 5, 2017.
Under the new Republican administration,
these DREAMers have a very
low priority for deportation.
This new data-base of foreign-born children
might be the beginning of Registration
without Deportation.
Their law-abiding parents might also join them
among the listed foreign nationals no longer subject to
deportation.
Next, Congress should create a new immigration law
to give some kind of permanent legal status to DACA recipients.
RESULT:
Considering what to do with DACA recipients
should encourage us to think clearly about
all foreign nationals now settled in America.
In deciding which children can stay and become citizens,
we might establish some workable principles
for an even wider program of legalizing foreign nationals of all ages.
AUTHOR:
James Park is himself an immigrant to the United
States.
He was a child when his whole family was admitted to the USA in 1949.
So there was no way to know ahead of time what he might contribute.
But each family member has proven to be good for America.
Much more about James Park will be found on his website,
James
Leonard
Park—Free
Library.
This electronic library contains other essays about
immigration:
Earning
American Citizenship:
Be Above Average
Ideal
Immigrants:
Criteria for Selecting New Americans
Orderly
Immigration into the United States
I
am an
Immigrant
Immigration
Problems and Solutions:
Keeping the Debate Constructive
Immigration
Reform:
A Range of Options
End
Deportation of Persons Likely to Qualify for
a Pathway to Citizenship under Immigration Reform
Registration
without Deportation:
Bringing
Millions of Foreign Nationals out of the Shadows
Register
all
Foreign Nationals:
Carrots & Sticks
If
They Cannot
Work, They Will Not Come:
And Many Will Return to their Homelands
25
Million
Foreign Nationals in the USA:
How Many Will Stay?
Born in the USA:
The Easy Way to Become a U.S. Citizen
Comprehensive
Repatriation of Citizens of other Countries and their Families
National
Identity File:
Directory
USA
Created
December 22, 2010; Revised 12-31-2010;
1-5-2011; 1-9-2011; 5-12-2011;
6-5-2011; 6-9-2011; 9-29-2011;
1-28-2012; 4-20-2012; 6-19-2012; 11-17-2012;
7-11-2013; 8-12-2013;
8-27-2913;
9-4-2014; 11-5-2015; 4-13-2016; 12-1-2016;
2-2-2017; 2-22-2017; 10-11-2017; 2-2-2019; 11-18-2020;
Go to
the beginning of this website
James
Leonard Park—Free
Library