Recently we have heard on newscasts and news analyses a good deal of attention paid to illegal immigration. Among other things it seems that the government wants to grant some kind of amnesty and to provide a special path to citizenship. If this is so, then we will repeat an earlier posting, to the effect that this will make our government the only one in recorded history to reward people for breaking its laws.
It seems to us that Congress is ignoring a simple basic precept: If you want to discourage people from taking a particular action, then you establish the strongest practical disencentives that you can device.
It also seems to us that instead of acting as statesmen, and deciding objectively what is best for all of the citizens of the country, Congress is proceeding on the basis of emotion and concession to pressure groups.
Anyway, here is our take on a solution.
SUGGESTION FOR A SOLUTION TO THE ILLEGAL IMMIGRATION PROBLEM
Preface
1. There is a general premise to which we believe most if not all law abidingpeople subscribe: No one should benefit directly or indirectly from a violation of the law.
2. The suggestions which follow are based on this premise.
3. THESE SUGGESTIONS, WHILE STRICT, ARE IN NO WAY PUNITIVE. THEY MERELY PROVIDE FOR PLACING AN INDIVIDUAL WHO BENEFITTED FROM A VIOLATION OF THE LAW IN STATU QUO ANTE. IN OTHER WORDS, THE INDIVIDUAL WOULD RETURN TO THE SAME POSITION HE OR SHE OCCUPIED BEFORE THE VIOLATION OCCURRED. PLEASE REFER TO ATTACHMENT A, REGARDING CHILDREN BORN HERE.
4. It might be noted that these suggestions are not nearly as severe as the immigration and work status of some other countries, e.g. Mexico and Thailand.
5. Congress seems to be acting with unusual timidity on this subject and if it continues to do so, it will probably go down in history as a milquetoast congress.
6. Attachments:
A. Citizenship
B. Voting Laws
C. Public Assistance
D. Guest Worker Program
Attachment A – CITIZENSHIP
Citizenship is not a right except under certain conditions. Otherwise it is a privilege which is not to be taken lightly.
The Fourteenth Amendment to the Constitution has apparently been misinterpreted either intentionally or unintentionally to confer citizenship on anyone born in the United States. But according to the Supreme Court’s statement in Elk v. Wilkins:
“This section contemplates two sources of citizenship and two sources only: birth and naturalization… ‘all persons born or naturalized in the United States and subject to the jurisdiction thereof.’ The evident meaning of these last words is, not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiance”
It seems to us that since the Supreme Court issued this definition regarding the 14th Amendment that even if one is born in the United States at least one of that person’s parents must be a legal U.S. citizen for that child to have citizenship. And since that is a Supreme Court interpretation it seems that the only way it can be overruled would be by another constitutional amendment.
In the light of these facts, Congress should make funds available to every state to review its birth records for some period, perhaps since 1990. The states should reclassify the birth certificate of anyone who does not meet the requirements described above to a category such as resident alien. This category would entitle the person to live and work in the United States, but not to vote or hold public office.
Congress may of course grant citizenship for individuals for exceptionally meritorious service. An illustration would be military service in a combat area. It can also grant citizenship for other reasons and it could do so in the case of illegal immigrants, we suppose. However, should it do so, it would probably go down in history as the “knuckle-under” congress which was too timid to stand up to pressure from groups which had no basis or justification for exerting any pressure.
Attachment B – Voting Laws
The present loose procedures for registering to vote need drastic revision. People should be allowed to register to vote in federal elections only by presenting a valid verifiable birth certificate. Voting is a privilege available only to U.S. citizens.
Congress should provide funds for each state to arrange for everyone who first registered on or after January 1st, 2000 to re-register in accordance with the above and should require states to verify birth certificates. States should be required to verify a birth certificate wherever there is reasonable suspicion that the person registering has not met all citizenship requirements.
U.S. citizens are supposed to know how to read, write and speak English. Therefore, ballots for federal elections should be printed only in English.
Attachment C - Public Assistance
Direct public assistance should be available only to U.S. citizens except for in life-threatening medical emergencies.
All applications for direct public assistance should be accepted only if accompanied by a true copy of a valid birth certificate. Fraudulent applications should subject the applicant to significant fines and/or prison terms.
Attachment D – Guest Worker Program
Congress should establish a guest worker program for workers in agriculture, hospitality, construction and perhaps other areas. This program would be separate from other permits permitting people to work in the United States.
Congress should establish a policy to cover the number of workers allowed and the duration of permits allowed for each worker as well as rules for accompanying family members. Detailed implementation of this policy should be left to the Executive Branch.
J.D. Eiland December 2010
