jus sanguinis

Hypothetically Speaking: Immigration Reform and the Threat to Citizenship

Photo: Wong Kim Ark, via Wikimedia

Photo: Wong Kim Ark, via Wikimedia

President Obama once again asked for immigration reform in last night’s State of the Union address:

… Our economy is stronger when we harness the talents and ingenuity of striving, hopeful immigrants. And right now, leaders from the business, labor, law enforcement, and faith communities all agree that the time has come to pass comprehensive immigration reform.
Real reform means strong border security, and we can build on the progress my Administration has already made – putting more boots on the southern border than at any time in our history, and reducing illegal crossings to their lowest levels in 40 years.
Real reform means establishing a responsible pathway to earned citizenship – a path that includes passing a background check, paying taxes and a meaningful penalty, learning English, and going to the back of the line behind the folks trying to come here legally.
And real reform means fixing the legal immigration system to cut waiting periods, reduce bureaucracy, and attract the highly-skilled entrepreneurs and engineers that will help create jobs and grow our economy.
In other words, we know what needs to be done. As we speak, bipartisan groups in both chambers are working diligently to draft a bill, and I applaud their efforts. Now let’s get this done. Send me a comprehensive immigration reform bill in the next few months, and I will sign it right away. …

Compare last night’s words to those on immigration reform in last year’s State of the Union address:

… I believe as strongly as ever that we should take on illegal immigration. That’s why my administration has put more boots on the border than ever before. That’s why there are fewer illegal crossings than when I took office. The opponents of action are out of excuses. We should be working on comprehensive immigration reform right now.

But if election-year politics keeps Congress from acting on a comprehensive plan, let’s at least agree to stop expelling responsible young people who want to staff our labs, start new businesses, defend this country. Send me a law that gives them the chance to earn their citizenship. I will sign it right away. …

Right away then, right away now. Don’t hold your breath.

The truth is no real traction on immigration reform has been made over the last year at federal level, even after an election. The far right, however, has been steadily working for the last three years at state level toward the denial of U.S. citizenship to undocumented immigrants, using Arizona SB 1070 as its initial stake in the sand. In theory, SB 1070 is the baseline model legislation from which this nationwide effort start. The long-term implications are far more complicated than they appear.

Here’s a quasi-hypothetical question, a thought experiment about U.S. citizenship by birth. Let’s assume these conditions in this case:

•  Antecedant immigrates from China to Hawaii in 1898, marries a Hawaiian citizen, acquires Hawaiian property–during the same year in which the sovereign nation of Hawaii is annexed without the consent of Hawaiians.

•  Antecedant has multiple children; the youngest is born in early 1930s while Hawaii is still a territory.

•  Youngest child goes to school on mainland while Hawaii is still a territory. Meets and marries a U.S. citizen only months after Hawaii became a state.

•  They have several children while living on the mainland after marriage.

If the far right manages to undermine United States v. Wong Kim Ark–the 1898 decision under which U.S. citizenship by birth was acknowledged–which of the people in the above scenario remain U.S. citizens? Continue reading

Emptywheel Twitterverse
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