Will U.S. Citizenship Remain A “Birthright”?

Just when you might have thought the debates about immigrationboth legal and illegalcould not become more difficult and emotional, there is yet another controversy now brewing: President Trumps plan to end birthright citizenship by executive order for those whose parents have entered the United States illegally.  This executive order, should it actually come to pass, would certainly be immediately challenged in federal court, and it could be several years before the matter works its way up to the Supreme Court for an ultimate resolution regarding the meaning and intent of the 14th Amendment.

For a nation populated by immigrants and the descendants of immigrants, this issue obviously has special resonance, and it collides with our national identity as a nation that has always welcomed everyone to our shores.  The reality is, of course, starkly different.  

When the early American period of frontier expansion, which required a large and ready pool of immigrants ready to risk all in order to seize lands held by others, came to an end toward the end of the late 1800s, immigrants piling into now-established cities and towns became an increasing irritant to those already settled in place.  More restrictive laws were soon enacted to stem the influx of foreignersbringing their cultures and languages ashore to dilute the supposed purity and perfection of this new nation.  The taint of otherness that greeted many new immigrants to this country was often based upon the crudest ignorance and bigotry, but Americas population nonetheless became ever more diverse over time as a sometimes unfair and occasionally arbitrary system of legal immigration was developed and refined over the decades to come.

However, over the past several decades the number of people residing in the United States illegally has skyrocketed, and their unlawful entries have been enabled by both poorly conceived and executed governmental policies and the efforts of private organizations advocating on behalf of unrestricted immigration. Unsurprisingly, many pressing questions have arisen regarding how to respond to an undocumented population that has been estimated to range from 11 to 22 million adults, adolescents, and children.

President Trump won election partlysome might say primarilybased on his promise to stem the tide of illegal immigration to the United States, and over the first two years of his administration we have all been witness to the many political firestorms that have accompanied his efforts to both harden our borders and expeditiously expel those who circumvented or ignored legal requirements for entry.  Many states and local governments have responded to this effort by asserting their local sovereignty and refusing to cooperate with federal immigration authoritiesand some have even advocated for abolishing ICE, the agency now tasked with enforcing the laws and regulations now on the books.

Now added to this mix is the question of whether American citizenship will continue to be automatically granted to the American-born children of illegal immigrants, which is an issue quite separate from the ongoing discussions concerning how to resolve the legal status of those brought here as children by parents who entered the United States illegally and raised them in this country.  As one can easily see, the many layers of complex problems that require resolution by Congress and the courts defy tidy morality and easy answers.  

The inherent sloppiness of realityin this case compounded by decades of shortsighted thinking regarding immigration policies and enforcementguarantees that a substantial number of Americans will be dissatisfied with the resolution of the cases of the many millions of people who live in the United States but have no legal basis for continuing to do so.  We know many innocents will be made to suffer due to the past stupidity of our government.  Moreover, given that it is functionally impossible for America to absorb everyone who wants to live in our great nation, many will be compelled to leave so that some may stay.  The forced exodus of those who have grown accustomed to life in the United States and presumed they could remain forever because our immigration policies regarding illegal entry were apparently all but forgotten will cause real pain to both those compelled to leave and those left behind.

The newest wrinklethat of the possible limitations of the 14th Amendmentwill be a topic of heated debate.  Originally crafted after the Civil War in order to confer immediate citizenship to freed slaves, the question of whether this Constitutional amendment applies equally to the American-born children of those who entered America illegally has never been fully resolved, and the fear among advocates for the undocumented is that federal courts now being rapidly reshaped by the conservative appointees of President Trump will tend toward a circumscribed interpretation at odds with the more expansive and welcoming immigration policies they favor.

There is little doubt that stricter enforcement of existing immigration lawsand perhaps a landmark reinterpretation of the 14th Amendmentwill divide Americans in the years ahead.  Attempting to either deport or legitimize tens of millions of people will have a major impact upon many families and communities, and there is no doubt this will be a political and social wedge issue in our nation for a long time to come.  However, the alternative, which boils down to an open border policy, is simply not feasibleespecially given the incredible number of people who are desperate to live in America in order to escape economic hardship, political persecution, and violent crime in their own countries.

All we can really expect looking forward is more anger and anguish.

Advertisements

Who Gets To Vote?

The history of American democracy is also a history of our sloppy, exclusionary, and infuriating system of voting. As much as we might want to paint our elections as some sacred system designed to produce that most perfect of all unions, the plain fact of the matter is that winning candidacies boil down to a very simple and cold-hearted equation: Make certain that my supporters vote and those of my opponent don’t. All the rest is political science theory.

Not surprisingly, the methods of winning elections by controlling who votes have run the gamut from the rascally to the outright despicable. Here in my own state of Illinois, the dead have a long and storied history of rising from the grave to cast their ballots. For much of our history women were denied the vote. Long after the passage of the 15th Amendment, African-Americans had to sometimes risk their lives to enter a polling place. Gerrymandered districts have long been used by both major political parties to neutralize the votes of some while amplifying the impact of the votes of others. The limitations of our continued reliance on balky voting machines and volunteer electoral judges perhaps reached an apogee—or nadir—in 2000, when we all had a chance to learn what a “hanging chad” was, and the U.S. Supreme Court abruptly—perhaps too abruptly—ended a Presidential recount in Florida and declared a winner.

Therefore, to blithely celebrate our “free and fair” electoral system requires a least a little willful blindness at times. We cannot discuss improvements if we deny our historic failures.

However, recent discussions about expanding the franchise by permitting felons, sixteen year olds, or even illegal immigrants to vote in some elections veer into territory that goes far beyond simply improving the systems we now have. We are now asked to decide whether felony convictions should be sufficient grounds for revoking a basic right of citizenship, when sufficient maturity to vote responsibly has been attained, or whether unlawful residency should provide voting rights that have historically been restricted to citizens. These are all huge questions that have profound implications for the future of our nation.

The question of whether states should continue to restrict the rights of convicted felons to vote hinges on a very basic question: Do we believe voting to be an irrevocable right or an earned privilege? At least to this point in time we have generally restricted the rights of felons to vote while in prison. The question today is whether voting rights should be automatically restored to felons upon release or there should be additional restrictions until other conditions set by individual state legislatures are satisfied by that ex-convict.

We might also reasonably ask whether the same restrictions should apply to both violent and non-violent offenders, but this often crashes into the question of whether we are giving preferential treatment to white-collar criminals. As regards the right to vote, should we distinguish between the accountant who facilitated a real estate fraud and the purse snatcher who knocked down a little old lady during the commission of the crime? Is the integrity of our voting system more at risk from someone running a marijuana grow house or someone who was stealing cars and stripping them for parts?

Having taught high school, I know my viewpoint regarding allowing sixteen year olds to vote has been affected by my professional experience. Some liberals are, of course, thrilled with this idea in the wake of student protests in favor of more—and more confiscatory—gun control laws because younger people generally skew hard left politically, and this tendency could affect the outcome of many elections. However, although the exuberant idealism of the young can be useful counterpoint to the weary cynicism of older voters beaten down by the eternal gulf between the promises and performances of politicians, bright-eyed ideology unleavened by messy life experience can be problematic.

Anyone who remembers their youthful belief in their own infallibility—which, of course, stood in stark contrast to the blind stupidity of the oblivious adult world—has at least at once grimaced at the utter cluelessness of their younger selves. The French have a lovely aphorism, quoted and re-quoted in various permutations, that ably captures this dichotomy: “If you are not a liberal at twenty, you have no heart; if you are not a conservative at forty, you have no head.” A world run by 16 year olds might by long on energy and short on practicality—or it might resemble The Lord of The Flies. Perhaps there is something to be said for the sagacity that comes with age. In addition, the 26th Amendment to the Constitution lowered the voting age from 21 to 18 years of age in only 1971, so it is likely worth another bit of a wait before we fiddle with the voting age yet again.

The issue of granting some voting rights to undocumented immigrants is a topic of intense discussion in states such as California, Illinois, and New York. Their laws designed to protect the many who reside in those states illegally readily morph into granting this population more and more public aid and benefits of all types—so voting rights seem to some the next natural step. This is also viewed as a way to battle the entrenched “racism” of those who support stricter enforcement by helping to boost the electoral fortunes of those candidates who are friendly to the notion of a world without borders.

However, one would be hard-pressed to find a developed nation where policies that reward lawbreakers are commonplace, and it is reasonable to ask whether open borders and a modern welfare state are a potentially ruinous combination. Although it is certainly true that we are a nation of immigrants, those immigrants almost always arrived under supervision and with documentation—and rules and limitations have been crafted throughout our history to maintain a manageable flow of people into our great nation.

Of course, although our legal immigration policies have historically been quite generous, there is no doubt they have often reflected the prejudices and preconceptions of the people who crafted them. This is sad, and at times it has resulted in injustices that have affected individuals and their families, but we cannot undo the past and now must muddle along from here. Additional domestic and international issues, which are far beyond our ability to predict, will affect our immigration legislation and procedures going forward in ways we cannot imagine, so all we can do is continue to be as welcoming as our economic conditions and security considerations allow. Beyond this, the question of granting some voting rights to those who have entered the U.S. illegally will be a priority for some immigration partisans—but I strongly doubt the vast majority of Americans will endorse this idea because it fails to account for basic common sense.

There was once a time in American history when our polling places were in taverns and saloons—and a vote could be had for the price of a couple of beers. Our election procedures have obviously improved a great deal since, but much improvement is still possible—particularly as regards expanded voting opportunities and convenience.

Moreover, we can continue to improve the security and accuracy of the ballot in a variety of ways, and the increased infiltration of dazzling and powerful technology into every facet of our daily lives may someday mean that we will be saying “Siri, it’s time for me to vote for President.” on a Tuesday in early November. That would certainly increase voter participation—and reduce the opportunities for the chicanery and silliness that have marred too many of our elections in the past. In addition, it would be way, way cool.

A World Turned Upside Down?

There is a possibly apocryphal story that, upon surrendering to the American revolutionaries at the Battle of Yorktown, General Cornwallis instructed the British Army band to play “The World Turned Upside Down”. The situation must certainly have seemed so to the British, smugly certain of victory against the colonists, whom they deemed to be mere rabble—the “Deplorables” of their day. These farmers, laborers, and small business owners certainly must have seemed to be no match for the power and glory of the Empire at the very peak of its influence.

The world has now turned upside for a great many people who were convinced the sun would never set on the D.C. empire of ever-expanding government and regulation fueled by ever-increasing tax hikes and federal bureaucracy. Watching the sea of exceedingly sour Democratic faces during President Trump’s State of the Union address last week, it was hard not to feel a twinge of sympathy for those who still cannot seem to reconcile themselves to the new reality. This perhaps helps to explain the policies and positions now shrilly advocated by the Democratic minority that seem so at odds with both their party’s historical norms and current rhetoric.

I grew up with a Democratic Party aligned to the interests of blue collar workers. This stance obviously translated into policies that put cash into the pockets of the hard-working middle class that created so much of our nation’s prosperity through both their labor and personal spending. Although I realize the Democrats many years ago morphed into the party of Silicon Valley and Wall Street—it is no mere coincidence that Nancy Pelosi is from San Francisco and Charles Schumer is from New York—I believe their implacable opposition to the business and personal tax cuts recently enacted by the Republican Congress is spectacularly suicidal. Staking out an unyielding position against a bill that is already driving capital investments by businesses, prompting many corporations to hand out immediate cash bonuses to their employees, and reducing the federal tax bite for the vast majority of workers seems difficult to understand except as a short-sighted defense of overpaid D.C. bureaucrats instead of our tax-weary citizenry. For someone old enough to remember the Democratic Party as it used to be, this seems an upside down reality.

By the same token, it is probable that several shelves of books will someday be written to explain the Democratic somersault on the subject of illegal immigration. Democrats have somehow quickly moved from President Obama’s early vows to crack down on illegals to a current advocacy—if not outright endorsement—of sneaking into the United States and staying here. This stunning change in perspective among Democratic lawmakers is, in addition, today conjoined with a reflexive support for unabated migration from nations known to support terrorism. One has to wonder how Democrats plan to win back voters who don’t live in. . . San Francisco or New York. Watching so much of the nation’s electoral map turn Republican red two Novembers ago should have been sufficient to convince all but the most ideologically blinded to reconsider extremist immigration policies that helped put their party out of power—but it seems that upside down is the position still preferred by many Democratic loyalists.

By the same token the Democratic Party’s loud defenses of both the FBI and Special Counsel Robert Mueller, both of whom recently seem to be executing their investigative duties in manners that should raise the eyebrows of all but the most extreme partisans, also appear quite odd when put in historical context. I am old enough to remember when liberal Democrats (Is there any other kind today?) deeply distrusted the FBI and its motivations. Moreover, one need only glance back at the Clinton presidency to discern a very different attitude toward special investigations with elastic and expansive mandates.

The dead end search for Russian collusion in the 2016 election now seems to have mutated into an endless fishing expedition—accompanied by far too many self-serving and inflammatory leaks to the press—that serves to provide the unending appearance of wrongdoing in the absence of actual evidence. One need only to flashback to Kenneth Starr and his dim-witted defense of democracy, which eventually took the form of prosecuting the President of the United States for Oval Office nookie, to wonder what has snapped inside Mr. Mueller’s Democratic cheerleaders, who seem to have completely forgotten the damage done by odd investigative zealotry just a couple of decades in the past. Reality again lands bottom side up.

There is, however, one ongoing investigation in Washington that has real potential to be a political—and perhaps Constitutional—bombshell. Someday soon the Inspector General for the Department of Justice will be releasing a report regarding the FBI investigation of the Hillary Clinton email scandal—and the inexplicable assertion by former FBI Director James Comey that no federal laws were violated by either Secretary Clinton or her associates. If the Inspector General’s report were to show that the highest law enforcement officials in our nation were in fact tailoring their investigations and prosecutorial recommendations to help throw a U.S. Presidential election to one candidate over another, that would be a crisis of monumental proportions that would compel swift action to restore the integrity of our federal government.

Failing this were it to be necessary, our faith and trust in the guarantees embodied in the Constitution would be turned upside down, inside out, and shaken to the core. We cannot allow this to occur.

Change Can Be Painful

I have been mulling over the concerning level of distress that now seems to infect so many of our personal and national conversations. Donald Trump is, to be certain, at the root of some of this because he refuses—or is simply unable—to finesse much of anything. President Trump finds the rawest possible nerve to rub at the most inopportune possible time—and keeps right on rubbing it no matter how loud the howls. I will agree with those who argue that he is an irritant; this is not much of a mystery.

It is, however, just as true that a great many problems we have tried desperately to ignore for decades are now impossible to avoid—and Donald Trump is many times simply the blunt instrument for our reckoning with unpleasant realities.

We are enslaved by public and private debt, the cost of medical care is outrageous, our public schools are failing many children, higher education is amazingly costly and often captive to ideological battles, homelessness and hunger haunt many, families and communities are fragmented, and there is a fairly pervasive sense that our governmental structures have devolved into self-serving parasites that pay little attention to the needs of those whom they claim to serve. All of this frustration and rage erupted last November, and our nation opted for chemotherapy over continued palliative care—hence at least some of the pain we are today experiencing. Aggressive treatment of our maladies is a shock to a system long accustomed to soothing platitudes and bland reassurance.

Now we have steep tax cuts and pointed discussions about reducing our expansive—and expensive—government structures. Tough questions are being asked about how to remake our healthcare and health insurance systems to reduce cost. Charter schools and school choice plans are corroding the public education monopoly. Higher education is suddenly having to justify both its mission and its stupendous cost. Public aid programs of all types are asking for much more responsibility from recipients. Zoning and tax policies that artificially inflate housing costs are under attack. People are pushing back against experts and policy makers who promote punitive and half-baked ideas regarding what is best for us.

As for government and government officials, they are disliked, distrusted, and disrespected by the vast majority of Americans—many of whom are now approaching a state approximating open rebellion. This is not surprising because our long national experiment with expanding government to provide endless freebies fueled by reckless borrowing has now crashed into the inevitable arithmetic of profligacy—eventually you run out of money. Avoiding real-life financial decisions by charging the spiraling costs of government programs rife with waste and inefficiency to future generations of taxpayers—who are now stuck with the tab—was loads of fun for elected officials who could keep handing out goodies without the political inconvenience of raising taxes to pay for them, but the incredibly large check for that stupendous party has now been dropped in our laps. Tough and divisive discussions are certainly ahead.

There is, in addition, a certain degree of anger generated by the very act of finally facing up to our problems. I find a good many of our recent hot-button debates concerning education, immigration, economic policy, and national defense seem animated by intense frustration over being forced to make hard decisions rather than being allowed to obliviously cling to questionable narratives and notions—heedless of cost or consequence.

After decade upon decade of waiting for improvements in hidebound public schools, parents are now demanding alternatives for their children. After abdicating control of our borders and endlessly extending the stays of those offered “temporary” refuge in America, enacting reasonable and long overdue immigration policy changes is a shock for a great many. Shrinking government and unshackling businesses from inane regulations seems very frightening to those who have grown comfortable with stultifying statist ideologies. Pushing back against terrorist groups and rogue states has terrified those who have forever counseled appeasement. At every turn, definitive and firm action has raised the hackles of those invested in bureaucratic inertia and willful ignorance.

It is clearly painful for some to have to abandon the familiar failures and pursue a new path. However, watching new charter schools succeed where others had failed, immigration laws and procedures being thoroughly debated and—President Trump’s alleged comments about “sh*thole countries” notwithstanding—vastly improved, business activity rising and unemployment shrinking while the stock market booms, and ISIS crushed at the same time North Korea is finally being forced to the bargaining table, it is increasingly difficult not to recognize that the time for a clean break with the failed ideologies of the past is right now. Bewailing successes that conflict with stale orthodoxy seems sillier by the day, and if we can stop imagining crises and instead work cooperatively to implement yet more fresh creative thinking regarding the issues facing our nation, we can likely achieve wonders.

Abandoning shibboleths is scary, adopting unfamiliar ideas is stressful, and accepting the necessity for change is upsetting. Nonetheless, we need to step out of our comfort zones and recognize that which is familiar may not be either helpful or good, and all the protests and complaints will not diminish the need for a thorough re-evaluation of ideas and philosophies that many have held dear for a very long time. We might not always be pleased—or even comfortable—with the decisions that are made as a result, but many times we—as a nation—will be better off.

Why There May Not Be Any DACA Fix

Over the years I have seen a lot of wonderful foreign students pass through my classroom doors. They have been, for the most part, very hardworking and attentive. Many have spoken to me about their plans to remain in the United States after their educations were completed. Others discussed returning to their home countries and utilizing their newly acquired English language skills to start businesses or work in international trade or finance. Some were unsure of their long term plans, but they were enjoying their adventure of being a foreigner in another land in much the same way that so many generations of Americans have traveled abroad to expand their personal horizons.

We, however, have another unique class of “foreign student” here in the United States, those who were brought here as children by parents who illegally entered the United States. Some of these individuals have strong ties to their native countries; others are as American as apple pie. All are living in legal limbo, and President Trump’s decision to end the DACA (Deferred Action for Childhood Arrivals) policy that was instituted through an executive order by President Obama has thrust the fates of these children, adolescents, and adults—not all of whom, of course, are now or ever were students—into the spotlight.

Congress is today on the hot seat to provide a legislative solution before the March deadline by which DACA will fully expire. Although it is still possible that a solution will be found, my sad prediction is that nothing will be resolved, which will force the roughly 750,000 men, women, and children impacted to eventually leave the United States. If this happens, it will not be primarily due to either heartlessness or hatred—although many will present it this way. It will instead occur because these lives will be forfeit to the political needs of those on both sides of the issue.

Donald Trump ran for President on a platform that promised to both kick out illegal immigrants and restrict the flow of legal immigrants from countries known to support terrorism. Although many of those previously covered by DACA fall into a special category that even President Trump agrees deserves some special consideration, their fate is inextricably bound to other immigration-related issues he has advocated, which include significant changes to our visa programs and construction of a border wall with Mexico. At this point in time he has little incentive to compromise on any of his campaign pledges, and the possibility that Congressional Democrats might impede the passage of a federal budget as a form of negotiating leverage, forcing a government shutdown, must make President Trump and his supporters rub their hands together with glee. Any further opportunity to weaken federal bureaucracies that have been distinctly unfriendly to his policies and programs is likely just fine with him, and Mr. Trump will certainly enjoy the opportunity to castigate Democrats for their intransigence.

Democrats will have their own problems with giving ground to smooth a compromise solution. Because a substantial portion of their most passionately supportive voter base resides in Sanctuary Cities or, under a new law that went into effect in California at the start of this year, a Sanctuary State, there will be little appetite for anything other than a total victory that immediately grants full citizenship—or an expeditious and easy path toward it. This will, however, likely block any possible deal because many in Congress—mostly Republicans but some Democrats as well—will be much more comfortable with a renewable application for residency and the right to study or work that will be, more or less, a permanent version of the short-term solution that DACA represented. Nonetheless, even a whiff of compromise with a President who is widely and wildly reviled by liberal Democrats is going to be functionally impossible because many will see the least accommodation as total surrender—and their vociferous opposition would scuttle any deal.

These are significant—and perhaps intractable—problems that will make any solution for those whose continued residency is jeopardized by the end of the DACA program very difficult to achieve. However, there is one additional twist to this issue that haunts my somewhat cynical view of professional politicians and their motivations—motivations which are sometimes quite different from those of the nation they profess to serve.

Although many are certain the Democrats will do everything possible to “save” those who might otherwise be forced to leave because they will potentially gain several hundred thousand new voters in key electoral states such as California, Texas, and New York, the cold political reality is that the Democrats might secure far greater political advantage by failing to cut a deal. People rarely are motivated by an injustice that is averted, but the level of outrage large-scale deportations would generate among key Democratic constituencies could drive stupendous increases in donations from wealthy liberal individuals and progressive groups. Given the well-documented fundraising woes of the Democratic Party since Hillary Clinton’s devastating defeat last year, this could be a perverse incentive to negotiate less ably.

Moreover, 2018 midterm Democratic electoral campaigns could focus on the need to elect more progressives in order to stop President Trump’s entire agenda, which liberals characterize as venomous toward the vulnerable, and the failure to reach a deal to protect those formerly protected by DACA could provide a useful focus for the rage of the “Resistance”, whose energy and dedication will be key factors in motivating voters. It does not take much effort to imagine the wave of outraged press conferences and tear-jerking campaign ads painting President Trump and the Republicans who support him as inhuman monsters who cruelly tear apart families and destroy innocent lives. Fundraising appeals and campaign speeches could even promise an immediate vote on impeachment if enough seats are flipped in the midterm elections, which would encourage a lot of frustrated liberals and left-of-center moderates to both donate and vote for Democratic candidates.

As much as I would like to believe a sensible and fair deal that will allow those who are hardworking and law abiding to remain can happen, I cannot help but wonder whether compromise is possible or—for some among the Democratic Party leadership who might believe they can win by losing—even all that desirable.

Pay close attention, America. The next couple of months could reveal much about the men and women leading our nation.