At Least Get the Basics of Immigration Right

By Peggy Sands Orchowski

Immigration is a hot hot topic these days.  Many pundits and experts from other fields seem eager to talk about immigration issues with voices of great authority and even passion.  They often relate to stories from their own family history starting with "when my grandparents came here…"  

But it is often shocking to me how little they actually know about immigration – what drives it, why we have immigration laws, even what it is! 

I have been covering immigration law-making in the U.S. Congress for the past ten years as a credentialed (that mean non-advocacy press) Senior Correspondent. I have written two books about how immigration politics and laws have evolved and constantly change over time. Those who talk, write and opine about immigration should at least understand the basics.

For instance a charming professor of philosophy gave a keynote speech about immigration at the Library of Congress' Law Library recently (no need to shame with names here!). But he completely mixed up the concept of migration (even birds do it!) with immigration (only people immigrate). Immigration is about sovereign nation states, permits, citizenship. "Citizenship?" he said?  "Oh. Hmmm."

During the floods in Houston last year, an NPR reporter asked a "DACA DREAMER" who had lived 17 years in Texas and was afraid to seek shelter because he might be deported "Why haven't you gotten citizenship?"  Did the reporter have any idea how that happens? -- ie: be on a green card, (Permanent Legal Resident LPR permit) at least five years!

It seems few reporters have read the infamous three page DACA order that defines a recipient as an individual (have to apply individually!) who "came in the United States before the age of 16" (legally, illegally, alone or with others, on a plane or by assaulting a wall, etc.).  The words "brought in illegally by parents" don't exist!  Many who talk about DACA DREAMERS don't seem to know that presidential memos and orders are not laws, do not convey legal status and can be rescinded at anytime. 

Many seem to think "immigration laws are broken" and therefore can be ignored.

Many seem to believe that that poem about "bring me your huddled masses" on the base of the Statue of Liberty is American immigration policy writ in stone.

Many seem to believe that an "American" is anyone whose big toe is in the U.S. rather than a U.S. citizen – the only word we have for it.

Many seem to think, as President Obama said, that "immigration law must be settled now 'once and for all'.  In truth it never will be "done!" Immigration laws are a work in progress. They always respond to changes in world and national economy, politics, demographics and technology.

Immigration is a paradox. The UN Universal Declaration of Human Rights (article 13b) states that "Everyone has the right to leave any country, including his own, and to return to his country".  But no one has the human or the civil right to settle in and become a citizen of another country just because they want to. Every sovereign nation state has the sole right and duty to choose who can immigrate (come in and stay) to their country under what conditions, how many and how they can become a citizen. Same with refugees.

Every nation state then has the right to decide how immigration decisions are be enforced, including through removal. National immigration decisions are rendered through immigration laws. Every country in the world has them. Deportation is a law enforcement measure, not a crime against humanity.

The founding fathers had mixed feelings about immigrants from countries other than England. For the first century of our nation, towns and states mainly determined which immigrants were welcomed to settle in their communities. We didn't have national immigration laws until 1882.  In1923 we passed our first comprehensive immigration law, our second in 1965. Over the years, various temporary visas were established to supplement the 1965 limited LPRs that prioritized extended family unification. 

Perhaps a simple analogy will help those who want to write and talk about immigration to understand its basics.  Think of popular immigrant destinations like the U.S.A. as a highly desired college.  Tens of thousands of people are qualified and want to get in. But the college can only take a certain number to maintain its standards. So the college establishes admission policies. They change over time. Anyone can apply. But the college chooses. If an applicant isn't accepted or doesn't apply, they can't storm the dorms, take the classes and demand a degree; they have to have a Plan B. The institution can forcefully evict those who don't follow the admissions rules.

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Peggy (Margaret) Sands Orchowski is a Senior Congressional Correspondent and author of "The Law That Changed The Face of America: The Immigration and Naturalization Act of 1965" and  "Immigration and the American Dream: Battling the Political Hype and Hysteria" (Rowman & Littlefield, 2015 and 2008 respectively).  She is available for interviews, article assignments and speaking engagements. porchowski@hotmail.com   As the Vice President of the Washington DC based Brookings Institution Darrell West wrote in recommending her book: "We can't know where we're going if we don't know where we've been".

A portion of this article appeared in The Georgetowner online newsletter by Peggy Sands.