How Long Can It Take to Become a Us Citizen?
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The article discusses the lengthy process of becoming a US citizen, sparking a heated discussion on the HN forum about the challenges and frustrations faced by immigrants, with many commenters criticizing the current system and its consequences.
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According to the stats on this page, there’s literally not a single white immigrant from Europe who has been detained.
But the point still stands, they're out here rounding up people who don't look white enough.
Or ... white immigrants from South Africa?
Yeah, it is about race.
Luckily, that's not my argument.
If you were to remove all the illegal immigrants right now from the US, our economy would be kneecapped. Granted, the harvest season is over in most of the US, but housing would be among the first markets to collapse functionally. If you are uncertain how important that market is, study the Great Recession of 2008.
"If you were to remove all the illegal immigrants right now from the US" The wage levels and benefits would have to rise to meet the demand for labor. The US would also have to sort out its education and trades system too. But if you think this is a skills shortage, I've got a bridge to sell you. And by the way, you are economically libertarian and on the same side as Trump. Brining in an Indian to do the same job as an American citizen for half the wage is not a skill shortage, it's crony capitalism.
"housing would be among the first markets to collapse functionally" Poe's Law. You'd have a massive supply in housing, and therefore a collapse in the prices to owning a house. It has nothing to do with '08.
"f you are uncertain how important that market is, study the Great Recession of 2008." The great recession(It was a depression. I'd suggest studying definitions) was caused by three things: President Clinton scrapping Glass-Steagall Act, the dam set up after the Great Depression of '29 to stop it happening again. President Clinton signed the Commodity Futures Modernization Act. Credit default swaps were the nukes of '08. Clinton This exempted CDSs from regulation!! President Clinton rewrote the Community Reinvestment Act forcing banks and lending institutions to give NINJA loans under the charge of racism(see commentator above) if they did not. He also signed NAFTA allowing cheap labor and material into the US, and allowing companies to move South. (see Ross Perot great sucking sound) He also brought China into the WTO devastating not just America, but the entire West.
It's both insulting and untrue in a way that feels degrading to these nations rich cultures.
I'm not worried about which culture, I think any culture that's not exposed to other cultures is putting itself at a disadvantage.
As far as I can tell, America has rapidly become a cultural cesspit, and yet immigration has never been higher.
Not sure I follow...
This is actually debatable. The wording of the constitution indicates that this is only true if your parents were citizens. Like many other directives in the constitution, this has been simply ignored by legislators.
That the Earth is round is also debatable. It is considered so by rational and informed people, however.
And how did the "legal scholars or judges of merit" interpret the 2nd amendment in 1800?
The same way as today?
The constitution seems to have become a lot more flexible today than people should be comfortable with.
No English sentence is without ambiguity in its meaning. If a controversy over meaning arises on a matter as important as law, we cannot function as a nation on the basis of, "Aw, everyone knows what they meant...".
Whether the courts are currently too flexible is a matter of opinion, and unless you get nominated personally to the SCOTUS, an inconsequential one.
I guess that's fine when it comes to the 2nd, but not as fun when your opponents tries the same for the 14th?
> Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
This language directly excludes illegal aliens.
Does a baby born in the US get citizenship?
Yes, under current law, almost every baby born in the United States or its territories automatically becomes a US citizen at birth, regardless of the parents’ immigration status, except for certain children of foreign diplomats or enemy forces in hostile occupation.
The language excludes diplomats, foreign soldiers on US soil while they're fighting a war with the US, and (given the context of when the amendment was passed) Native Americans who hadn't yet been told that they were subjects of the US.
That said, upthread you claimed:
> this is only true if your parents were citizens
And now you claim something about illegal aliens. There's a whole range of circumstances, some of which would have been uncontemplatable at the time of the 14th ammendment. If you are born in the US (sometimes interpretted as only the States and DC, but I think that's a separate issue). You claim citizenship only if parentS are citizens. But if only one parent is a citizen, or both parents are permanent residents, or the parents are authorized visitors. For the historically impossible situation, what if the child is carried by a surrogate with authorized presence and the parents are non-citizens not present at birth ... that child is a US citizen by birth, and not included in your statement above.
> illegal aliens
Huh? How can they be illegal?
"No True Scotsman" is not accurate here. This would actually be an appeal to authority.
But the fact that it is one doesn't mean it has no merit. My implication is that the person I am responding to is ignorant of the state of the law, not that they must be wrong because others say they are.
"My implication is that the person I am responding to is ignorant of the state of the law, " And now you've moved onto the Courtier's reply.
The Fourteenth by contrast says plain text:
> All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
So your claim is incorrect.
The person I was responding to was discussing the "wording of the constitution" so the location of the wording absolutely matters. In this case the "wording of the [original] constitution" is ambiguous, but the wording of the 14th is clear. Thus my reply.
> Whenever official notice is received at the National Archives and Records Administration that any amendment proposed to the Constitution of the United States has been adopted, according to the provisions of the Constitution, the Archivist of the United States shall forthwith cause the amendment to be published, with his certificate, specifying the States by which the same may have been adopted, and that the same has become valid, to all intents and purposes, as a part of the Constitution of the United States.
Amendments have the same force as the Constitution because they are a part of the constitution. They are not simply laws. Thank you for allowing me to clarify.
1. https://www.archives.gov/federal-register/constitution/unite...
Thank you again for allowing me to clarify so that you can correct your understanding of the constitution.
Please, just be honest and say you want to enact a policy and use the US Supreme Court to do it, rather than gaslighting us into believing that words don’t mean what they do.
> All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.
Of course, being part of the Constitution, few of the terms are defined. But, as I read it, if you're born here outside of diplomatic immunity, you're a citizen. And I'd need a well referenced argument to understand why 'subject to the jurisdiction therof' means something other than how I interpret it.
14th Amendment:
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
There are rumblings about "subject to the jurisdiction thereof" somehow excluding folks based on their immigration status, but frankly, the meaning is clear, and jurisprudence recognizes this. The jurisdiction carveout is for international diplomats, i.e. people who are literally not subject to US law. Immigrants, even illegal immigrants, are subject to US law. Stating otherwise would have vast repercussions.
And I would hope this is a fairly universally held position, not so partisan. Today one side might cheer an executive order overriding the 14th amendment, but how will they feel if the next administration decides to pull the same stunt with the 2nd?
We don't want to go there. There are already some states experimenting with doing end-runs around the Constitution with their own civil laws, and for similar reasons I would expect rational people to want that effort to fail.
> I would hope this is a fairly universally held position, not so partisan.
I agree. I think the constitution limits both the executive and the legislative branches.
> how will they feel if the next administration decides to pull the same stunt with the 2nd?
The 2nd amendment has already been overridden by federal laws without a constutional amendment.
The 2nd used to mean that the states has a right to let their citizens arm themselves privately with military weapons. The federal government was forbidden by the 2nd to interfere with this.
I'm from Europe and fine with the very restrictive licensing we have here.
But it looks very shortsighted to wildly re-interpret the constitution far outside of the original meaning, instead of passing new amendments.
No, rulings are not final. SCOTUS could and very well may disagree with more than a hundred years of jurisprudence and overrule e.g. US v. Wong Kim Ark[1], enabling much easier denaturalization by the federal government. Here's an example article from a right-wing think tank about why they believe SCOTUS should overrule Ark[2].
1. https://www.oyez.org/cases/1850-1900/169us649
2. https://americanmind.org/features/the-case-against-birthrigh...
That seems like a very good demonstration of the pitfalls of originalist interpretations of the Constitution. Even then, the argument comes off as extremely weak. And it doesn't even begin to try and address the consequences of reinterpreting the meaning of "and subject to the jurisdiction thereof".
Are conservatives envisioning a new class of slaves? People born on US soil who have none of the protections of the Constitution? Even if that is not the goal, it's not hard to imagine that there would be far-reaching consequences from deciding that the Constitution was not a limit on the behavior of government, but in fact only applied to citizens. What a massive bump in power for the bureaucrats in DC.
Heck, we could just snatch people off the street and declare they cannot prove they are a citizen therefore they have no Constitutional protections. No right to due process so they can prove they're a citizen, nothing like that. Better plan on carrying your passport at all times (and hope it doesn't get ... lost).
No, rulings are not final. SCOTUS could and very well may disagree with more than a hundred years of jurisprudence and overrule e.g. US v. Wong Kim Ark[1], enabling much easier denaturalization by the federal government, even of native-born citizens.
1. https://www.oyez.org/cases/1850-1900/169us649
Executive orders have force to the extent that they exert powers that the President has directly under the Constitution or that are assigned to the President by Congress exercising the powers it has directly under the Constitution.
Amending the Constitution by altering the definition of citizenship in the Fourteenth Amendment (or overruling the Supreme Court's consistent reading of the language of the Fourteenth Amendment, if you prefer that characterization) is neither a power granted to the President directly by the Constitution, nor a power Congress has granted the President by statute, nor even within the power granted to the Congress by the Constitution to grant to the President if it was inclined to do so.
> I see that it's being challenged in court, but the order is currently valid, right?
“Currently valid” is a tricky concept. In one sense, its is valid only to the extent it is actually compliant with the Constitution and laws which have higher priority than executive orders. Or you can read the question as really being about whether it can currently be applied, in which case the answer is a more simple “no”, because after the Supreme Court made the usual recent route to a simple single interim resolution pending the full litigation by simply deciding that nationwide injunctions were not within the power of district courts, they could only issue orders against government actions applicable to the litigants before them, a class action was certified covering everyone who might be affected by the order [0], and a preliminary injunction in that case has blocked the order.
[0] https://www.aclu.org/barbara-v-trump-nationwide-class-action...
In the UK at least banks will not sell you financial products with tax implications (pensions, tax exempt savings schemas (ISA's to the locals)) because of the US reporting requirements.
And getting your citizenship revoked requires lawyering so its a PITA.
I know some Americans will find it hard to believe but there are people who want out of this system and feel trapped in it.
A First Amendment case involving an Australian immigrant.
Key holding: Non-citizens inside the U.S. have First Amendment rights.
Quote:
“Freedom of speech and of the press is accorded aliens residing in this country.”
Unless this quote is directly from the constitution, it's totally worthless to support your argument.
1st Amendment:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
Read that carefully and note that the word "citizen" is nowhere to be found.
Next, some may argue that "the people" inherently represents only citizens. Jurisprudence has generally accepted that phrase to mean everyone, including illegal immigrants, but it depends on the surrounding context[1]. The idea that the Bill of Rights applies only to citizens, though, doesn't match any court interpretation of which I'm aware.
1. https://firstamendment.mtsu.edu/article/aliens/
2. They apply to everyone subject to the jurisdiction of the US.
Otherwise it would be real easy to just say "you're not a citizen, you have no rights". Don't be so sure you're safe.
https://www.americanbar.org/groups/crsj/about/initiatives/ci... https://constitution.congress.gov/browse/essay/artI-S8-C18-8... https://scholarship.law.georgetown.edu/facpub/297/ https://www.accessiblelaw.untdallas.edu/post/undocumented-im...
Wrong. The Constitution is very clear on which rights are limitations on the government no matter which people it is dealing with and which are particular to citizens, and there are very few of the latter. Exactly one, in fact: the right to vote, though its mentioned several times in terms of which things are prohibited as excuses for denying it.
I swear, it needs to amended so that natural born citizens should also have to pass citizenship questions like immigrants to retain their citizenship. How can you not know this? Have you never read or heard a recital of the bill of rights?
I’m not sure that anyone can really agree on a solution, but there should be some stop loss where these things can’t be delayed beyond a certain fixed length of time and/or they shouldn’t issue the initial visas if the backlog to adjust is so long.
The reason that this and most immigration law hasn’t been fixed is that while most people agree that this is a problem, there is not really a compromise solution that everyone can really agree on.
I am of the view that more than 10 countries in the world should be built on enlightenment ideals, have a rule of law, have systems and processes for providing a good quality of life, and have centers of education and productivity.
I don’t think it’s reasonable that we should shift billions of people to live in a handful of nations via immigration. If that’s the overall plan, then nations where those people are immigrating from should just become vassal states.
Instead of investing in Americans by lowering costs of necessities (food, housing, education, children) they chase short term profits for the benefits of shareholders (which is by and large the ultra rich). It’s much cheaper to import labor where the above costs were paid for by somebody else.
we tried being nice, reaching across the aisle, etc. and that got us Orange Man 2.0
If you don't like "sneering oversimplification" you're really not gonna like it when you find out what smug "I'm the adult in the room" rhetoric does to both how you're perceived by interlocutors and the limitations on your own ability to work out the logic of these situations.
Fiscally: immigrants have above-average entrepreneurial tendencies. It doesn't take a lot of enterprise creations and resulting tax payment and job creation to offset a _lot_ of social service consumption. Inbound migration also is what keeps the US from having a net-shrinking population, which until we can get away from late-stage capitalism is a death knell for the economy.
Morally and ethically: this is a nation of immigrants. If you claim to be a native, do you speak Navajo? Ute?
"Keep, ancient lands, your storied pomp!" cries she
With silent lips. "Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!"
I'm convinced. I change my mind! I take back everything I said before!
It's inscribed on a plaque at the base of the Statue of Liberty and is taught in civics classes as a representation of American values. The idea is that, when you live in a society, you build upon a set of shared values and stories so that you can have something in common with your neighbor and something bigger than yourself to strive for.
The national-origins formula was explicitly designed to maintain the existing ethnic composition of the U.S.--in other words, preserve what policymakers at the time considered the “traditional” American demographic makeup.
I understand the diversity is good, and that immigration can create that take. But I don't understand that 'immigration good, policies for diversity bad' take?
I'm an American, and I don't understand how it is explicitly fair that India and China with areas of very large and populations of very large have the same immigration caps as Belize. Especially when something happens and Sudan becomes Sudan and South Sudan and the same people and the same area now have twice the cap; how is that explicitly fair? If India reorganized as the Union of Indian Republics, where each state became a full country with an ISO-2 code and an ITU country code, would it be fair that each of the 36 member states have the same cap as any other country? Also, I'm not sure why the overall caps haven't changed since 1990. It feels like they should be indexed to something.
I think this version of quotas/caps is better than the previous version, but that doesn't make it explicitly fair.
I would be interested in knowing what the priority dates would look like if we adjusted the overall caps every ten years after the census to some percentage of overall US population (the 1990 cap was set at approximately 0.3%) or annually based on estimates works too, and also adjusting up the per country caps a bit too.
Like the real long run, try to use your imagination.
Does it seem more likely than the alternative? If so, what is your argument that that is more likely?
Our cleaning women is just about to finish her three year training program. However she failed the final exam because of the complicated wording of the test. Her German is good enough but formal German is a different beast. She is allowed to redo the test a single time next week. If she passes, she will have an official German degree but has to leave the country because her visa is based on the training program. She then has to reapply for another visa to be allowed to reenter Germany.
Completely dysfunctional in my opinion. The system should bring people in that will be a net positive for the country while filtering out criminals.
I assume it's intentional. And/or profitable.
Getting a greencard (or equivalent) is an entirely different thing and is even _more_ broken.
Getting the green card though...
The reason this hasn't been fixed is because most American's support current policy along with promoting family unification and other decisions that are based on our moral positions. America has set a pretty generous amount of immigration slots, and it's not broken that we chose to fill them in a diverse way.
Evidence for this, or even that the majority of the American people understand the system of caps, whether or not they support it?
> That immigration policy should support diversity over other considerations.
The people most supportive of the caps are the people most openly hostile to the concept of diversity having value, generally.
There's an unspoken assumption there that India and China are monocultures, containing no diversity within themselves. Or that diversity is neatly defined by a border on a map.
Noting that you can always use your country of birth or your spouse's country of birth (cross-chargeability) for an employment-based green-card, my understanding has always been that Indians have large preference (or face large pressure) to marry other highly-educated folks that they often meet in the US but are also born in India that other immigrants just don't face as much.
Mexico faces long wait times in all of the quota-limited family-based immigrant visa categories.
The Phillipines faces a few months longer wait time in one severelly globally backlogged family based category (F4; where there is a 17 year backlog for most countries and its 3 months longer for the Phillipines), but not otherwise.
India and China have long backlogs in most employment-based immigrant visa categories (but generally much less than Mexico has in family-based categories), India also has an longer-than-usual backlog (more than Phillipines, less than Mexico) in the F4 family based category.
What initial visas? If you are talking about selectively denying non-immigrant dual-intent H-1B visas to people from countries with long timelines in some or all immigrant visa categories (not that getting an H-1B doesn't imply intent to seek to immigrate, and doesn't require qualification in an immigrant visa category), that's...well, even as someone who thinks the H-1B is a bad idea ab initio, a remarkably non-helpful policy to layer on top.
> The reason that this and most immigration law hasn’t been fixed is that while most people agree that this is a problem, there is not really a compromise solution that everyone can really agree on.
It's not just that people agree it is a problem and don't agree on a solution, people don't even agree on what the problem is though they might agree that, e.g., the long waitlists from certain countries are symptoms of some problem.
Like, when some people favor eliminating all immigration from certain countries, and other people favor eliminating per country caps, that isn't a different solution to the same problem, its a fundamental difference in what is perceived as the problem.
"Coming here illegally is a crime so everyone who does it is a criminal."
The legal moralism people apply to immigration is absurd, especially in the United States. We have purposefully made it impossible to do the right thing, so we can rejoice in punishing those who do it "wrong". It's shameful, in my opinion.
It's more rethorical but I seriously don't know how that's telling.
> Europe is facing this right now.
What exactly? War in Syria was ten years ago.
> What are you suggesting? All of India moves to the US?
I find it clear that the suggestion is: Provide a clear and feasible path for people who wish to migrate and will benefit the society. We lack that in Europe/Germany as well and ironically are missing the laws to deal with criminal immigration effectively.
It's sad many people don't even know or think about the difference of regular migration and coming as a refugee. Migration of skilled workers must become much easier in Europe, while refugees are a very different topic.
For example, I'm a white non-religious straight liberal US man with a hippy upbringing that I value dearly, and I think the opportunity to immigrate should be as available as possible to all good people. But I also recognize that it must be responsibly controlled, and the native culture and quality of life must be prioritized (for all nations, not just the West), and one piece of that is stopping illegal immigration. And it's not unreasonable to have an opinion that we are, to some degree, failing at all the pieces.
I agree, it's about time we prioritized natives over illegal immigrants. We should start by giving back the land we stole from them, honoring our treaties and respecting tribal sovereignty.
What we really ought to be ridiculing if not punishing and marginalizing is inconsistency and cognitive dissonance.
There are so many issues possible in a nation of 300+mil that we cannot form opinions on policy based on vibes and emotions, we must have principals and let them inform our opinions.
The entire reason the last 20 years of effective nullification (by blue states ignoring them and even subverting them) is so pernicious is because it's just plain anti-democratic. If, like marijuana, most people were effectively in favor then this wouldn't be a serious issue, but the problem is that nullification undermines rule of law. It's hard for us to argue for a reasonable immigration system when, if we don't get the system we want, we literally just say "fuck it, just ignore the rules."
Not caring about democratic results — when human rights are not at issue — is a very dangerous precedent. I absolutely hate the current administration. They are not responsible you the laws on the books. They were successful last election, in some part, exactly because this is a very relevant political issue.
> they are not responsible for the laws on the books
so in 26/28 when Blue people take over they are free to disregard all laws because they are not “responsible for it”?
Totally fair. I’ve had a tough time with my good-faith, heterodox views on this issue lately.
>>they are not responsible for the laws on the books
>so in 26/28 when Blue people take over they are free to disregard all laws because they are not “responsible for it”?
No, my only point is that some seem to try to argue that “Trump is different because he is acting in bad faith,” and I generally agree.
The problem with that argument is that our immigration laws are decades old, and blue states nullification is also decades old. We’ve found ourselves dealing with federal enforcement of federal laws because of state nullification, we don’t like that enforcement — I don’t like that enforcement — but we could pretty much end all this escalation between blue states and the feds by just agreeing to enforce the laws on the books. No more flirting with literal civil war. Just dealing with the consequences of a losing position as humanely as possible, given the fact that it’s going to suck.
If states, and cities aren’t bound to help the federal government enforce every law, unless congress writes a law to say they must.
CBP and ICE always had the general authority to be more effective, but did not use it. As we can see from actions in this era, enforcing immigration law at all costs has draconian side effects on civil liberties, and general happiness and wellbeing.
While it’s true, the immigration issue has been marinating for a while, the current policy is not a good solution.
When you refuse to allow city and state law enforcement to assist federal agencies, don’t be surprised if federal law enforcement show up. It’s not even unprecedented, it’s just an issue of scale.
Ultimately, this is about democracy, and how refusing to participate when laws states don’t like get pass, it is a recipe for political conflict because it’s inherently undemocratic.
Many people’s rights are being violated recently while enforcing immigration law
And if not, is it true of your neighborhood? Of your town? What level of grouping of people is big enough that they are required to help Washington with whatever thing they have asked for? Keeping in mind that our constitutional system is designed around a federal government that is supposed to be responsive to the desires of the people from the various states, not the other way around.
It’s good advice, but a big hill to climb. The Dem politicians walk a fine line here. The influx of illegal immigrants is truly unpopular, not just with folks on the right, but also many in the moderate left and independents. They dems realize it’s a hot potato which is why you get a lot of immigration rhetoric to try and satisfy the anger, but don’t really get any effort to change any laws even when they held both branches and the presidency through 2021-2022.
Prior to 2016, both parties were pretty aligned on it, only when Trump made it a core issue did the parties start to diverge on the topic.
In fact, the Supreme Court actually said states had no standing to sue the federal government to enforce the law.
US law enshrined both refugees and asylum seekers as separate categories of immigration specifically to deal with human rights issues observed in the 20th century. While that doesn’t mean any person anywhere has a right to be a citizen in the US, it is closer to true than your statement suggests.
“Sanctuary policies” are about enforcing the 10th Amendment. The Federal government alone is responsible for immigration policy. The states should not have to participate, and sanctuary policies are a public declaration that they won’t (usually because local law enforcement knows that it makes their primary job of enforcing the criminal code harder if residents won’t testify).
The reason we haven’t reformed US immigration laws is that everyone agrees it is broken, but nowhere close to a supermajority agree on _how_ it is broken or the steps needed to fix it. See “gang of 8” negotiations circa 2013. This is the inevitable outcome of the founders making Congress slow/stagnant by default. Also damn near half of the voters being propagandized with immigration ragebait for decades.
When my family came over to what is now the USA, immigration was as simple as paying for your own boat trip and passing a health inspection. It was hundreds of years of very “open borders” before Congress decided to go hyper racist and xenophobic in the 1870s.
It’s worth poiting out that Republicans have long insisted that “we can’t reform immigration laws without _first_ kicking out all illegal immigrants. It’s neither a reasonable expectation that we can do that, nor is it a reasonable precondition for reform negotiations. It’s also hilariously false that all recent immigrants vote for Democrats — that demographic is FAR more likely to be Evangelical Christian or Roman Catholic Christian, which heavily vote towards Republicans (not to mention all of the Socialism/Communism haters from Cuba, Vietnam, Venezuela who think Democrats are somehow equivalent to “far left”).
Nullification doesn’t harm US law. It is the escape valve people in the US use judiciously when US law becomes unruly and malicious.
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