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Immigration Spins of Omission: Intentional or Clueless?
From:
Peggy Sands Orchowski -- Immigration Expert Peggy Sands Orchowski -- Immigration Expert
Washington, DC
Tuesday, August 5, 2025

 

Immigration Spins of Omission: Intentional or Clueless?

By Margaret Sands Orchowski, Congressional journalist

 

Much of the heart-felt compassion about migrant and immigrant workers, currently being loudly expressed in public forums throughout the country, is turning into extremist rhetoric that makes almost no practical sense and can cause harm. Much of the media is complicit.

 

The increasingly bombastic rhetoric from immigrant rights groups leaves out, cancels and ignores vital crucial facts about immigration that may fit the passionate narrative of the advocates at the time. But it is alienating. Take, for instance, the mixing of all migrants, asylees, temporary workers, students, visitors, scholars, skilled and low skilled workers, illegal border crossers and refugees into one single category or word — "Immigrant." This is disingenuous and causes confusion. Calling anyone who wants to enforce immigration laws "anti-immigrant" and "cruel"  alienates legislators and voters.  

 

I call this rhetoric "Spin by Omission."  

 

 Spin By Omission

Spin — telling partial truths or outright untruths about a situation — inevitably weakens any argument. Consider when immigrant activists, trying to get hundreds of thousands of dollars of taxpayer funds to help migrant workers, omit the fact that a large proportion of the millions of these non-citizen workers came into the country illegally or overstayed temporary permits. Indeed, they are adults who knowingly continue to break federal laws and lie to their employers about their immigration status. They are placing themselves, their families and non-citizen supporters in jeopardy to be legitimately deported. To be effective in obtaining help, advocates — including sympathetic reporters, editors and media producers — have to tell the whole truth.

 

Here are some simple truths about immigration that those who want to help migrant workers need to acknowledge. 

 

There is no universal, civil or human right to immigrate — namely, for citizens of one country to settle long term in another country and get the benefits of citizenship.  Immigration is a national issue. Every country in the world has the right and duty to decide who can settle in their sovereign nation state and become citizens. Every country in the world has their own unique national immigration laws that lays out what is lawful and unlawful in immigration in their nation and how unlawful behavior is to be punished. The first section of the U.S. Constitution gives Congress jurisdiction on immigration and citizenship matters.

 

Migrants and immigrants are not U.S. citizens — who, by the way, are known universally as "Americans." U.S. citizens are not immigrants. U.S. immigration law defines three basic categories of immigrants: 

1) non-citizens who came into the U.S. with the intention of staying; legal permanent residents

2) temporary visitors, including students and skilled workers

3) illegal aliens.

Most of the foreign born in the U.S. are not permanent immigrants and are not entitled to stay. Being in the country illegally is a deportable offense, according to U.S. law.

 

Little Immigration Internal Enforcement Until Terrorist Attack

Until the 2001 terrorist attacks, temporary permits and migrants working and living here illegally were not taken seriously. It was merely a misdemeanor and not widely enforced. There was no specific agency of enforcement. But, in 2003, the Department of Homeland Security was created, along with an agency to deal exclusively with immigration violations inside the country: ICE, the Immigration and Customs Enforcement bureau of the DHLS. After the surge of illegal entry (some call it a "surge" or "an invasion") of millions of unvetted illegal border crossers from 2021 to 2024, a majority of U.S. voters and citizens now see deliberate illegal immigration as a criminal not a civil offense. It is possible that national laws will soon be enacted to reflect this new reality.

 

State and regional governments can decide to give illegal immigrants state benefits, such as driver's licenses, business licenses, in-state tuition for college and the like. However, no local entity has the legal authority to directly and purposely defy federal law and give illegal immigrants federal benefits. Violations of federal law anywhere is handled by federal law enforcement agencies — often with the help of local authorities. Federal immigration law is no different.

 

To be credible, advocates for allocating for those hundreds of thousands of dollars of taxpayer funds to help illegal immigrants must publicly recognize the difference between illegal and legal immigration and the evolving changes in federal immigration laws. Only then can they make an honest, credible case for supporting illegal workers with taxpayer money.

 

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Jan. 27, Georgetowner online                     ESSAY about birthright citizenship.                        645 words

Executive Order Intends io Limit Birthright Citizenship, Not End It

By Margaret Orchowski

Please don’t panic or exaggerate the birthrights citizenship executive order. The much expected EO does not end birthright citizenship. It limits it. That does not take a constitutional amendment.  In fact it’s been changed by Congress and by a Supreme court decision several times in the past.

Here's the first sentence of the 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.” 

The definitive word in that sentence is AND!  If the framers wanted anyone and everyone born in the US to be citizens they would not have added an “and” clause, AND means (if you recall grammar lessons) also, plus, as well as. 

 As you can see, the first sentence of the 14th amendment states clearly that anyone claiming birthrights citizenship must fulfill TWO CONDITIONS:

1.     Be born in the United States

2.     Be subject to the jurisdiction of the United States.

The order would make ineligible for birthright citizenship anyone born in the U.S. whose parents have no lawful or legal authorization to be here or who are in the US on limited, temporary non-immigration permits such as foreign students and tourists.  

Changing who is eligible or not for birthrights citizenship has actually happened in the past via Congressional legislation and also a ruling of the Supreme Court.  In addition, Trump’s executive order reflects at least 15 years of proposals considered by Congress, one as HR1 (in the 112thCongress.

The 14th amendment was ratified on July 9, 1868 to “rightly repudiate the Supreme Court of the United States’s shameful decision in Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857), which misinterpreted the Constitution as permanently excluding people of African descent from eligibility for United States citizenship solely based on their race”, as stated in Trump’s executive oder.  There were no national immigration laws until the 1880s; hence the amendment at the time did not address legal permanent, temporary or illegal immigration status of the birth parents.

But in 1868, according to the Congressional Research Office, there were FOUR defined groups of people in the United States who were NOT considered to be under the jurisdiction of U.S. laws and whose birth children were not allowed citizenship nor the right to vote.  

The jurisdictional status of two of these groups were changed over time.  The children of legal permanent Chinese immigrants were ruled by the Supreme Court in 1898 in U.S. vs. Wong (a very narrow ruling) to be under the jurisdiction.  In 1921 American Indians born and raised in a recognized Indian Nation were given the right to vote and hence citizenship by Congress in the 1921 Indian Voting Rights Act.

But two other groups remain excluded to this day: 

1)     the children of diplomats to the U.S, with immunity from U.S. laws; and 

2)     a rather nebulous universal rule according to the U.S., Congressional Research Office that the children born of recognized invaders are not under the jurisdiction of the invaded state.

Since 2010, Congress has addressed proposals to exclude birthright citizenship from TWO additional groups:  

1) children born of birth tourists (visitors who come on a three month permit with the sole purpose of getting citizenship for their child with no intention or right to immigrate and contribute to the U.S,) and 

2) children born of parents BOTH of whom are illegally in the country and have no right to be here,  In 2011 this 2 page bill was HR1 in the new Republican dominated 112th congress.

Clearly President Trump’s executive order is not new, unconstitutional nor in any way racist. Read it here (2+ pages only) .  https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/

It may however be challenged and perhaps decided by the Supreme Court, for instance on whether or not illegal immigrants are under the jurisdiction of the U.S. or not.

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Margaret Orchowski is a credentialed Congressional reporter on immigration and author of two recent books (Nov 2024) on how immigration laws and policies evolved in the U.S.: “The 5 Basics Everyone should Know About Immigration” and a new paperback updated edition of “The law That Changed the Face of America” 

  

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