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Self Deportation Increases: It’s Fair, Humane and Lawful
From:
Peggy Sands Orchowski -- Immigration Expert Peggy Sands Orchowski -- Immigration Expert
Washington, DC
Tuesday, June 17, 2025

 

Self Deportation Increases: It's Fair, Humane and Lawful

By Margaret Orchowski

On Monday, June 16, readers of the Washington Post print edition were greeted by an above-the-fold headline: "More Migrants May Exit Than Enter".  It seems, foreign nationals who are living in the U.S. illegally (aka: unlawfully, undocumented, unauthorized) have taken my advice in my latest book "The Five Basics Everyone Should Know About Immigration" – a 68 page primer. 

 

My section on deportation explains that there are three actions available to foreign nationals in the U.S. facing a removal notice because they intentionally crossed the border illegally often multiple times (which makes it a felony) or have overstayed a temporary permit, often by years   

  • ignore it and subsequent notices (as everyone told the very sympathetic female character in the poignant movie "the visitor");
  • acknowledge it and co-operate with it – negotiate that you are now intending to leave (ie: self-deport) voluntarily but need  90-120 days to get your business in order; your record will be clean and you can apply and come in legally (maybe with a job you set up with your former employer).
  • resist the order or leave and come back in illegally (a felony) to then likely face forced removal with a ban on any legal return for at least ten years.

My advice is if you or a loved one receives a deportation notice, choose option two above. 

 

Self-deporttaion is fair, humane and dignified – something everyone favors (even President Obama's father did it.)  Most Americans including naturalized citizens and immigrants on Legal Permanent Resident permits (aka green cards) favor removing all migrants who have knowingly and voluntarily defied U.S. immigration laws by staying here illegally, working without a work permit often under minimum wage, and often taking benefits that most Americans believe should go to citizens and legal permit holders.  

 

 There are advantages to self-deportation for the migrant: Currently those who notify DHLS that they will willingly self-deport, may get free flights back home plus $1,000 cash.  In addition, those who self-deport have a good chance to return legally. Their immigration records are clean.  They can find work and housing legally by using their contacts and references accrued while living in the States earlier.

 

There now also may be better chances to negotiate a quick return or even a waiver to stqy, as now the threat of massive resurges of illegal immigrants declines to almost zero.  Those who came here as children (some countries grant permanent visas to illegal immigrants who can document they attended ten years elementary and secondary public schools in the country) could be considered for expedited green cards.  So could those who have established legitimate lawful businesses and jobs for at least ten years. 

 

Some foreign students – now numbering 1.6 million (an ever larger source of illegal immigration by over-staying their temporary non-immigrant student permit) may also be considered for expedited green cards. Others who clearly could be given waivers from deportation include those in much needed occupations such as senior and childcare.  

 

With the growing challenge of AI and automation are predicted to take many human jobs in the foreseeable future, reliance on low-paid labor by foreign nationals illegally in the country, will no longer be needed.

 

At the same time, many young Americans now are deciding to delay the ever-more expensive debt-laden college experience (supported by exorbitant foreign student fees). and pursue vocational training to acquire skilled and well-paying jobs in construction and hospitality that Americans always filled proudly.

 

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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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