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On keeping the republic

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“To me, this country has always been an experiment. It was and it is still an experiment. . .I think this question of how we define ‘American’ is at the very core of this republic and how we keep it. Is it laws? Is it papers?”

Source: Vargas spoke with Christine Barbour and Gerald C. Wright on May 13, 2016.

Undocumented immigrants have arrived here by avoiding the USCIS regulations, usually because they would not qualify for one reason or another. Many come as children who, like Jose Antonio Vargas, the subject of this chapter’s Profiles in Citizenship feature, may not even know they do not have the proper papers. After Congress repeatedly failed to pass the DREAM Act, which would have given permanent legal status to thousands of young adults who were brought to the United States illegally as children, President Obama created the Deferred Action for Childhood Arrivals (DACA) program, which allowed them to stay in the country and go to school or work. The Trump administration is locked in a court battle to end the program, leaving these young adults mostly in political limbo. Congress has so far been unwilling to find a solution for fear of angering constituents, even though a large majority of Americans support allowing the “dreamers” to stay in the country.

American laws have become increasingly harsh with respect to undocumented immigrants. Even so, people continue to come, although the numbers have declined in recent years. Many undocumented immigrants act like citizens, obeying laws, paying taxes, and sending their children to school. Nonetheless, some areas of the country, particularly those near the Mexican-American border, like Texas, California, and Arizona, often have serious problems brought on by those who skirt the immigration laws. Even with border controls to regulate the number of new arrivals, communities can find themselves swamped with new residents, often poor and unskilled, looking for a better life. Because their children must be educated and they themselves may be entitled to receive social services, they can pose a significant financial burden on those communities without necessarily increasing the available funds. Although many undocumented immigrants pay taxes, many also work off the books, meaning they do not contribute to the tax base. Furthermore, most income taxes are federal, and federal money is distributed back to states and localities to fund social services based on the population count in the census. Since undocumented immigrants are understandably reluctant to come forward to be counted, their communities are typically underfunded in that respect as well.

Even people without legal permanent resident status have rights and responsibilities in the United States, just as U.S. citizens do when they travel to other countries. Immigrants enjoy some rights, primarily legal protections. Not only are they entitled to due process in the courts, but the U.S. Supreme Court has ruled that it is illegal to discriminate against immigrants in the United States.15 Nevertheless, their rights are limited. They cannot, for instance, vote in our national elections (although some localities, in the hopes of integrating immigrants into their communities, allow them to vote in local elections16) or decide to live here permanently without permission (which may or may not be granted). In addition, immigrants, even legal ones, are subject to the decisions of the USCIS, which is empowered by Congress to exercise authority in immigration matters.

In Your Own Words

Analyze the role of immigration and citizenship in American politics.

Keeping the Republic

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