CITIZENSHIP AND BOUNDARIES
Why should someone born on US soil to US Citizens 18 years ago be classified as a Citizen while Pedro, who crossed the border from Mexico 50 years ago without permission, be classified as an illegal alien?
Pedro’s daughter, born in Mexico, was brought over with him at the age of 2. She is also an illegal alien. His son was born in the US, and he is a Citizen. The son gets to vote and hold elected office. The father and sister cannot.
Many people look at this scenario and see injustice. Others see good fortune for the Mexican family. The son got a lucky break, and his sister and father have improved their econonmic well being compared to remaining in Mexico.
Resolving this dichotomy is at the core of the debate about American Citizenship. The following will trace the origins of the ideas that led us to this conflict.
Note: I should mention the distinction between Citizens and Subjects. A subject is someone who is under the power of a sovereign, like a king, whom the subject serves. A Citizen is a unit of a mass of a free people who collectively possess sovereignty and to whom the officials of a government serve. For this analysis, there is no distinction.
Exclusive Membership, Initiation Rites
In contrast to Political Philosophers, I believe that the concept of Citizenship traces its origins to Initiation Rites that originated with our hunter gatherer ancestors. These can still be observed in Papua New Guinea male initiation rites, Bullet Ant for Amazon tribes, and Other rites from around the world.
For females, the present-day Quinceanera and debutante ball are derived from hunter-gatherer rituals centered around a girl’s first menstruation that symbolize her entry into puberty. However, because males usually went outside their own tribe to find a female to bring back as his bride, females never had the same kind of undivided loyalty to a single tribe.
We practice other religious and secular rituals like Bar Mitzvah, Confirmation, Acceptance into the Bar to Practice Law, the Physician’s white coat ceremony, etc.
Passage through these rituals share traits. There is exclusivity of membership, a collegial bond with other members, a common language, and a commitment to maintaining the reputation of the club, and coming to its defense of Members whenever they are attacked.
Historically, human societies at every scale have practiced these rites of passage as a demonstration of an individual’s commitment to the well-being of their wider community in order to earn the rights and privileges that come with entry into the community. While philosophers might ruminate about the propriety of these rituals, the fact is that their practice is widespread and likely improved the survivability and success of groups that adopt them.
Borders
Our hunter gatherers, like any other aninmal, had to protect a territory from which it hunted game and gathered edible plants, from other humans. To minimize conflict, competing tribes would have borders. Chimpanzees, gorillas, and lions mark boundaries to warn intruders that they are inviting conflict if they cross.
Initiation rights were a means of instilling a sense of membership in the community that would zealously defend the territory within a border from which the tribe drew its sustenance for survival.
The Grain States
The hunter-gatherer and pastoral lifestyles were slowly replaced by States centered around taxation of grains (wheat, barley, rice, etc.). These States were organized differently than tribes. There were hierarchies and stratification of economic status in classes. Lower classes might have to provide corvee — mandatory labor services as a form of taxation; but there was still a sense of Membership in the State that was being served.
For the first time, the institution of slavery introduced the notion that large numbers of persons could reside within a boundary that were not Members of the community. These States engaged in wars of conquest, and they almost sought more laborers to build their wealth. Slaves were the prize of these conquests. Unlike hunter-gatherer ancestors who would perish if their population grew too large for the fixed amount of animals and plants within their boundaries, these States could convert the economies of the conquered peoples to grow grains that could be taxed and siphon even more wealth to the aristocracy.
States could also engage in trade and extract tolls and tariffs from the caravans traversing their territory and selling goods to their inhabitants. This led to the development of money that eventually replaced grains as the medium of exchange for tax revenue. Often times, Citizens were exempt from taxation
The Industrial Revolution
The advent of the Industrial Revolution changed how we think about borders and Citizenship. With the demise of slavery and serfdom, employers had to compete with each other to hire laborers in their factories. For the first time, a society was capable of escaping the Malthusian Trap — where an increase in population led to a decrease in per capita food consumption.
For decades, the United States was open to European immigrants to populate its territory, cities, and factories. These immigrants adopted English and assimilated as Americans while leaving behind affiliations with their countries of origin.
Without a welfare state transfering income between classes, and with a limited government with low taxation, the stakes for US Citizenship and voting were far lower in the 19th century. There was limited opposition to immigration, especially from China, when the increased supply of labor drove down wages in limited sectors, but in a fast-growing economy where a rising tide was raising all ships, more immigration was encouraged, and the border was open until the 1920s. Acquiring US Citizenship was easy.
The Maturing Economy Of The 21st Century
Starting with the New Deal and continuing with the Great Society, the growth of income transfer programs, increased taxation, and voting blocs supporting and opposing these programs, the issue of immigration had another source of opposition.
Concerns arose that illegal immigrants were not pulling their weight like the immigrants of the past prior to the growth of the welfare state. Just the per capita expenditures for educating their children in public schools exceeded the annual compensation of these illegal aliens, let alone any taxes they might pay. On top of that, these immigrants and/or their children were eligible for Medicaid, housing and food vouchers, State colleges, and other benefits. Contrast this with the immigrants in the 1890s that had little or no State assistance, and sent their children to over-crowded public schools with teachers who made far less than teachers are paid today.
Now the stakes for eligibility to vote in elections changed considerably. The value of Citizenship and its concomittant eligiblity for State aid was much higher than in the past. In a sense, we’ve returned to the era of the hunter-gatherers where persons crossing into their territory would diminish their food supply.
Also, with over 330 Million residents, and large pockets of under-employed and under-paid Citizen workers, there is less tolerance for the competition of illegal immigrants in the labor market. The economy of 2023 is not the same as the economy of 1890.
There is also a concern about the State of our wilderness, lakes, oceans, wild life, and how continued growth of human population into these habitats creates a long-term environmental threat. These environmental concerns are added reasons for restricting immigration and population growth.
Residency, Nationality, Naturalization, and Birthright
In Robert Heinlein’s novel, Starship Troopers, the Terran Federation awards the right to vote not through birthright but rather through services to the state. Heinlein adopts the historical practice of initiation as a way to exclude those, who have not demonstrated a commitment to the community or State, from having a say in how it should be governed. While great in theory, in practice there is a potential for abuse by the persons who regulate the intiation rites. We would not trust them from letting their political bias cloud their judgment about who should be awarded the power to vote and threaten their position in the hierarchy. Instead, I propose the following four categories:
Birthright Citizenship is offered to biological descendants of parents who were US Citizens on the date of the child’s birth. In order to deter illegal immigration, Citizenship is no longer extended to persons born in the United States to parents who are not US Citizens. Birthright Citizens do not have to pass through an initiation rite to acquire their Citizenship. Being descended from other Citizens is regarded as a sufficient guarantee that they will be devoted to the US.
Naturalization for Citizenship does require an initiation rite to pass from loyalty to their country of origin to their new nationality. It is only offered to persons who have been Legal Residents for at least five years, provided they demonstrate financial independence and fluency in English. Any person guilty of illegally immigrating or over-staying their visa for travel or work in the US will never be eligible to become a naturalized Citizen. They could only become Legal Residents. This prohibition is a deterrence against violating border entry laws.
United States Nationality is a category of Legal Residency for persons who are not US Citizens and who are not Citizens of another country. They travel with a US Passport. This status could be offered to persons who were brought over as young children by their parents who are illegal immigrants. These children have no ties to their parents’ country so they should not be stateless. US Nationality gives them legal residency, but it does not reward their parents’ illegal entry into the US by conferring US Citizesnship and the right to vote.
United States Residency is a category of Legal Residency where the person retains the passport and Citizenship of their nation of origin. This is similar status to today’s green card holders. They have the right to live and work in the United States. However, their continued residency could depend upon the status of their origin nation’s diplomatic relationship with the United States.
Refugees can be admitted to the United States, but they forfeit the right to become US Citizens. If they cannot eventually return to their nation of origin, then they could apply to become a Legal Resident. This prohibition of Citizenship deters persons from abusing International Treaty protections for persons seeking asylum as a ruse for economically-driven motivations to enter the US. It encourages prospective immigrants to utilize the regular channels for application for Legal Residency rather than purusing the short-cut of Asylum.
Only US Citizens are eligible to vote or hold elected office in the United States. Only Birthright Citizens can be President, Vice-President, or be in the line of Succession for the Presidency. Persons with dual Citizenship are prohibited from voting or holding elected office.
Conclusion
Creating these four categories for persons legally residing inside the borders of the United States provides solutions for Pedro’s family. Pedro and his daughter can obtain legal status to work and live in the US without fear of deportation by becoming US Resident or US National.
However, Pedro and his daughter cannot vote or hold office. These categories eliminate the concerns of Republican voters concerned that Democrats are purposely leaving the border open in order to eventually naturalize these persons as US Citizens and register them as Democrat voters.
Pedro’s son is already a US Citizen, but going forward, someone born on the territory of the US does not automatically become a US Citizen unless their parents are also Citizens. The DREAMERS could become US Nationals to give them legal status without rewarding them with Citizenship and undermining those applicants who sought naturalization through legal channels.
Below is the text that I propose for Citizenship in the US Re-Constitution. It covers details not discussed in this essay, but it fills in gaps that could be exploited to evade the main thrust of these provisions:
ARTICLE 1:
UNITED STATES CITIZENSHIP, RESIDENCY AND STATE CITIZENSHIP
Section 1. Birthright Citizenship
The following persons are Birthright Citizens of the United States:
The biological descendant of a female and a male who were both Citizens of the United States on the date of birth of the descendant.
The biological descendant of a Citizen and a United States National or United States Resident who were a Citizen, National, or Resident on the date of birth of the descendant.
In cases where there is artificial insemination or a surrogate that carries a fertilized egg from another female, the Citizenship of the female whose egg was fertilized shall determine maternal line of Birthright Citizenship. The Citizenship of the male who inseminated the egg shall determine the paternal line of Birthright Citizenship. No more than two descendants may receive Birthright Citizenship or legal permanent residency from a single female or a single male applying such methods.
In cases of disputes over the maternal or paternal line, then Congress shall have the power to enforce this Section by appropriate legislation.
Section 2. Value of Citizenship and A Common Language
Citizenship at the time of ratification of this Constitution, and the amendment powers vested with a Citizen are both antecedent to this Constitution.
After Ratification, Membership in the Citizenry is guarded by this Constitution to preserve and support the institutions of this Nation for Our Posterity. Citizens have a reasonable expectation that their fellow Citizens are proficient using a single, common language for the conduct of conversation, commerce and government to strengthen the fraternal bonds of this Nation. The language used to compose this Constitution shall be that single, common, official language used in the proceedings of and in the text of the laws enforced by Government officials. No law may compel the Government to conduct its affairs in another language; but no person who does not comprehend this official language, who is in the custody of the police or on trial, may be denied the services of a translator.
Section 3. Limitations on Additional Immigration
The exclusion of persons from Citizenship and residency in the United States is necessary to balance the protection of natural resources and wilderness habitat with accommodations for human habitation. The limitation of exogenous population growth is essential for sustainable agriculture, animal husbandry, mineral extraction, timber harvesting, the use of aquifers, rivers, lakes, oceans, and energy production. Laws regulating the entry into the country by non-Citizens and rules for permanent and temporary residency cannot degrade the ecological, economic, and civic well-being of current Citizens and their Posterity.
Pursuant to these goals, the number of Refugees and other persons admitted into the United States for the fiscal year cannot exceed one-four hundredth of the existing population of Citizens living in the United States according to the most recent count by the Census Board. With a three-fifths vote, Congress may enact legislation to suspend this limitation for twelve months.
Section 4. Naturalized Citizenship
Entry, residency, or obtaining Citizenship is a privilege, not a right. The authority of Congress to regulate this privilege may not be abridged by any Treaty. Congress shall establish uniform Rules for Naturalization as a Citizen of the United States that is subject to the following requirements:
The applicant provides evidence of legal entry into the United States and a minimum of five years as a United States National or Resident. Excepting non-Citizen, minor children born to or adopted by a Citizen with legal custody of the children, the applicant must provide evidence of a minimum of five consecutive years of payment of taxes to the Government and no tax payments in arrears, and no convictions for any felonies.
The applicant provides evidence that they have not received cumulative financial assistance from the Government for a minimum of three consecutive years immediately prior to the date of the grant of Citizenship exceeding one-tenth of the compensation of a Member of the House of Representatives.
The applicant demonstrates proficiency in understanding the language used to compose this Constitution, and an understanding of the Civic Institutions of the United States, and an ability to fully participate in the civic and economic affairs of the nation using this language without reliance upon language translation.
Section 5. Sanctions for Illegal Entry
Any person who has violated the laws governing immigration, entry, or travel may not obtain Citizenship during their lifetime. No pardons or laws enacted to grant amnesty can exempt a person from this prohibition; nor may this violation be expunged from their record.
Section 6. Queue for Entry, Residency, Naturalization
Legal Permanent Residency is divided into two categories:
United States Nationals are not Citizens. They travel under a United States Passport, and they do not retain citizenship in another nation. They have the right to reside, work, travel, and own property in the United States.
United States Residents are not Citizens. They travel under a foreign passport, and they retain citizenship in another nation. Their right to reside, work, travel, and own property in the United States may be revoked, contingent upon the relationship between the United States and their nation of citizenship.
Congress may enact laws to discriminate in the treatment of members of these two categories.
The biological descendant of a Citizen, on its date of birth, and a Foreigner shall be a United States National, provided there is proof that the descendant was born within the territory of the United States. A biological descendant from a male and female who were both Legal Permanent Residents on the date of birth shall be a United States National who may apply for Naturalization as a Citizen when they attain thirteen years.
A natural person who has not attained eight years and who is adopted by a Citizen shall acquire the rights of Citizenship; otherwise, if adopted by a Citizen prior to the age of sixteen they shall acquire the rights of a United States National.
Subject to requirements of Section 2 of this Article, Congress shall establish uniform Rules of Permanent and Temporary Residency and Travel for persons who are not Citizens of the United States.
Permission for temporary residency for work or travel shall not exceed twenty-four months in a forty-eight-month period.
The queue for applicants for temporary and permanent residency and naturalization shall be publicly disclosed. Separate from this queue of applicants, the President shall have the discretion to offer expedited processing every fiscal year to no more than five thousand persons specifically in exchange for the conduct of warfare, espionage or testimony in the prosecution of criminal suspects. These persons may remain anonymous. By a three-fifths vote each fiscal year, Congress may increase this limitation, which expires at the end of the fiscal year.
Section 7. Asylum for Political Refugees
A person seeking asylum as a Refugee forfeits the ability to obtain Citizenship for themselves and their family during their lifetime. Refugees who are admitted may be subject to confinement and to restrictions upon travel within the United States.
Refugees and illegal residents are the financial responsibility of the Federal Government. States are entitled to reimbursement of any documented expenditures. Citizens are entitled to reimbursement of any damages.
The President may transfer a Refugee to another country that will not subject the Refugee to persecution or to their involuntary repatriation to their country of origin.
Section 8. State Citizenship; Federal District or Territory Residency
State Citizenship is reserved for Citizens of the United States. A Citizen of the United States is either a Citizen of a single State or they are registered as a resident of a Federal District or Territory. A Citizen reports a single primary residence to the Census Board to determine their State Citizenship for purposes of eligibility to vote exclusively in elections held by their State and in Federal elections.
No State may abridge the right of Citizens, legal residents, and legal entrants into the United States to enter their State, or to travel within or outside their State, unless they are charged with or convicted of a criminal offense.
Section 9. Surrendering Citizenship
If a Territory of the United States becomes an independent nation, then the residents and Citizens of this new Nation, who were Citizens or Legal Residents of the United States on the date of independence, forfeit their Citizenship and Legal Residency in the United States.
Any person who committed fraud in their application for naturalization as a Citizen shall have their Citizenship revoked. A person may voluntarily renounce their Citizenship by a written declaration witnessed by an official of the Federal Government and a Citizen not employed by the Government, who is designated by that person.