citizenship

Who Is a U.S. Citizen?

Importance of Good Citizenship and Legal Status

  • Good citizenship is vital, and qualities of a good citizen can be exhibited by everyone, regardless of legal status.

  • Legal citizenship carries importance since certain rights and privileges in the United States are reserved strictly for legal citizens.

  • Individuals residing in the U.S. who are not citizens can still pursue legal citizenship, which affects their interaction with government officials and their overall experience in the country.

Constitutional Definitions

Citizenship Defined by the 14th Amendment

  • The first part of the 14th Amendment to the U.S. Constitution states that:

    • Citizens are defined as those “born or naturalized in the United States.”

  • Citizens are entitled to specific protections and privileges under the law, which cannot be revoked by any state government, including:

    • Due Process

    • Equal Protection

Historical Context of Citizenship Rights Extensions

  • Various amendments to the Constitution have progressively expanded citizenship rights:

    • Thirteenth Amendment (1865): Abolished slavery.

    • Fifteenth Amendment (1870): Granted African American men the right to vote.

    • Nineteenth Amendment (1920): Granted women the right to vote.

Paths to U.S. Citizenship at Birth

Jus Soli and Jus Sanguinis

  • Jus Soli (law of the soil):

    • Individuals born in the U.S. states or territories acquire citizenship through birth on U.S. soil.

    • Exception noted: Children born to foreign diplomats do not receive citizenship as they are not under U.S. jurisdiction.

  • Jus Sanguinis (law of the blood):

    • Children born to at least one U.S. citizen parent (who resides in the U.S.) are citizens by blood.

    • Residency of the parent is a requirement for this path to citizenship.

  • Locations of U.S. military and diplomatic sites abroad do not equate to U.S. soil for citizenship purposes.

Examples of Birth Situations

  • A baby born to a visiting Canadian couple in a U.S. hospital is granted U.S. citizenship through jus soli.

  • Misconceptions exist about citizenship status for babies born on military bases—jus sanguinis applies, requiring a U.S. citizen parent.

Benefits of Legal Citizenship

Rights and Responsibilities of Citizens

  • Legal citizens enjoy various benefits, including:

    • Voting rights

    • Eligibility for government jobs and elected positions

    • Increased eligibility for public benefits like healthcare assistance

    • Priority in family reunification processes and citizenship for children

    • U.S. passport portability

    • Protection from deportation

Duties of Legal Citizens

  • Responsibilities include:

    • Jury service

    • Paying income taxes

    • Serving in the military if called to duty

  • Important distinction: Legal citizenship differs from practicing good citizenship. Active participation in community affairs is necessary for a healthy democracy.

Categorization of Noncitizens

Legal Status of Noncitizens

  • Noncitizens residing legally in the U.S. may have the following statuses:

    • Visa Holders: Must have proof of legal status (visa or permanent resident card) at all times.

Visa Types

  • Visas allow entry and can be classified into two types:

    • Nonimmigrant Visas: For temporary stay—visiting, studying, or temporary work; generally include time limits.

    • Immigrant Visas: For permanent residency; no time limits apply, and an individual could apply for a visa and permanent resident status simultaneously.

Permanent Residents

  • Permanent Resident Status (formerly known as resident alien) is a legally recognized condition permitting individuals to live and work in the U.S., documented via a green card.

  • Permanent residents must:

    • Carry the green card at all times

    • Pay federal income taxes

  • While classified as resident aliens, they lack certain benefits of citizenship but can apply for naturalization after generally five years of residency.

U.S. Nationals

Distinction of U.S. Nationals

  • A U.S. national is someone who owes permanent allegiance to the United States, including:

    • All U.S. citizens and certain individuals born in U.S. territories (e.g., American Samoa).

  • U.S. nationals are under U.S. legal protection but do not possess all the privileges associated with citizenship such as voting rights or federal office candidacy.

  • They can apply for a passport and enjoy protections while traveling, but the naturalization process for U.S. nationals to become citizens is simplified.

  • Example: Lemanu Palepoi Sialega Mauga, a U.S. national, became the governor of American Samoa in 2021 after significant public service.

Reasons for Immigration to the U.S.

Common Motivations

  • Immigrants come to the U.S. for diverse reasons, including:

    • Improved work opportunities

    • Enhanced living conditions

    • Access to better education

    • Safety from persecution and violence

    • Family reunification

Naturalization Process

Legal Framework

  • The process of naturalization is defined by Congress, as detailed in Article I Section 8 of the Constitution, allowing for the establishment of a standard rule:

    • “The Congress shall have Power To establish an uniform Rule of Naturalization…"

  • The U.S. Immigration and Nationality Act (INA), passed in 1952, organizes naturalization laws and procedures which were previously scattered.

  • Citizenship is both a privilege and a responsibility, loaded with duties and rights, requiring adherence to specific procedures.

Basic Naturalization Requirements and Steps

  1. Application: Must be 18 years old, have held legal permanent residency for a specific minimum duration, and pay a fee.

  2. Fingerprints: Provide fingerprints for background checks; necessary for verifying good moral character.

  3. Interview/Exam: Respond to questions about personal background and U.S. history/government in English.

  4. Oath of Loyalty: Swear loyalty to the U.S. and support its Constitution and laws, including military service when required.

Minimum Residency Duration for Naturalization

  • Three years if married to a U.S. citizen or otherwise five years of residency.

Unauthorized Immigrants

Definition and Circumstances

  • Unauthorized immigrants are defined by the Department of Social and Health Services as individuals lacking valid visas or immigration documentation due to:

    • Entering without inspection

    • Overstaying visas

    • Violating terms of admission

Legal Entry and Status

  • It is noteworthy that unauthorized immigrants can have prior legal authorization; their documents might have simply expired.

Rights of Undocumented Immigrants

Constitutional Protections

  • Undocumented immigrants retain rights under the Constitution as per the Fourteenth Amendment, ensuring due process and equal protection under the law for all persons:

    • Specifically, this Amendment states that no state shall deprive any person of life, liberty, or property.

Supreme Court Cases

  • The Supreme Court corroborated protections for undocumented immigrants, exemplified through the ruling in Plyler v. Doe (1982), affirming their right to education, stipulating that reducing education funding based on undocumented enrollment is unconstitutional.

Rights and Duties Comparison

Breakdown of Rights and Duties

  • Rights and duties can be categorized into:

Legal Citizens

  • Voting in national elections

  • Serving on a jury

  • Obtaining a U.S. passport

  • Working for the federal government, barring specific exceptions

  • Running for federal office

All People in the U.S.

  • Working for privately-run businesses

  • Obeying laws

  • Attending school

  • Writing to local newspapers regarding laws

  • Volunteering in the community

  • Paying taxes

Discourse on Immigration

Myths vs. Facts

Myth 1

  • Myth: Undocumented immigrants are overrunning U.S. borders.

  • Fact: Most immigrants enter legally; approximately 3-4% of U.S. population comprises undocumented residents.

Myth 2

  • Myth: Immigrants steal jobs and don't pay taxes.

  • Fact: Undocumented immigrants contribute approximately $11.74 billion in taxes yearly; immigrant-led businesses create jobs.

Myth 3

  • Myth: Immigrants drain U.S. social services.

  • Fact: Undocumented immigrants usually do not qualify for federal benefits; exceptions exist for humanitarian reasons.

Public Sentiment on Immigration

Concerns and Sentiments

  • Some Americans fear undocumented individuals may be criminals or inappropriately claiming benefits restricted to citizens.

  • Social justice concerns, including poverty and human trafficking, prompt support for easier legal immigration paths.

  • Naturalized citizens express concerns regarding unauthorized immigrants, fearing their legal livelihood may be threatened.

  • Many Latinos worry about the potential for deportation, affecting families, regardless of individual legal statuses.

Government Interactions with Citizens and Noncitizens

Differential Experiences

  • Experiences interacting with the government vary significantly between citizens and noncitizens.

    • Citizens are guaranteed specific constitutional rights (e.g., free legal counsel for criminal cases under the Sixth Amendment) which do not extend to noncitizens.

    • Permanent residents must renew their status (green cards) every ten years, unlike citizens who do not face such renewal requirements.

Immigration Monitoring Programs

  • United States Citizenship and Immigration Services (USCIS):

    • Oversees lawfully residing individuals and services related to naturalization and visas; interactions with citizens are infrequent.

  • Immigration and Customs Enforcement (ICE):

    • Enforces immigration laws directly, responsible for detaining or arresting noncitizens violating these laws.

  • Customs and Border Patrol (CBP):

    • Protects U.S. borders and conducts inspections at ports of entry for compliance with regulations; illegal border crossings can lead to detention and deportation.

Immigration Court System

Differences Between Court Systems

  1. Immigration courts operate under federal law, unlike civil and criminal courts which are based on state laws.

  2. While criminal courts determine guilt based on charges, immigration courts address residency status.

  3. Civil and criminal courts are part of the judicial branch, whereas immigration courts fall under the Department of Justice.

  4. Citizens are guaranteed the right to a lawyer in criminal courts, while noncitizens must often bear the cost of legal representation in immigration hearings.

The State of Immigration Courts

Current Issues and Backlogs

  • Interactions with the government for noncitizens are far more complex and burdensome due to the extensive immigration systems and regulations in place.

  • As of the latest data, roughly 10.5 to 12 million unauthorized immigrants reside in the U.S.

  • The backlog of immigration cases has grown significantly, particularly post-2008, exacerbated by the COVID-19 pandemic and resultant government shutdowns.

Conclusion

  • The immigration system presents challenges in processing applications for residency or citizenship, exacerbated by resource shortages leading to extensive delays.