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What Part of the 'Word Temporary Is Not Understood?
From:
Peggy Sands Orchowski -- Immigration Expert Peggy Sands Orchowski -- Immigration Expert
Washington, DC
Tuesday, May 20, 2025

 

What Part of "Temporary" is Not Understood?

By Margaret Orchowski

Until recently, it was common to hear supporters of immigration enforcement say to open border advocates "Just what part of "illegal" don't you understand?" During the 20 years now that I have been covering immigration as a Congressional journalist, it was almost impossible to find any journalist or so-called "pro-immigrant advocate" who was willing to even use the term "illegal" immigrant.  Their default response was often "there is no such thing as an illegal person". Nevermind that immigration is NOT about personhood. Immigration is a legal status codified in unique national immigration laws in almost every sovereign nation state in the world.  

 

As I point out in my newest book The 5 Basics Everyone Should Know About Immigration, our US immigration laws actually recognize three different basic categories of immigrants: permanent, temporary and illegal. In the current political atmosphere, the term "illegal" is harder to ignore when the vast majority of Americans agree that immigrants who have been convicted of felonies and are in the country illegally need to be removed immediately – deported. 

 

But there are increasing numbers of Temporary time limited non-immigration permits available for non-citizen visitors to use to stay temporarily in the United States. They include temporary permits for students, business entrepreneurs, investers, workers, visitors, entertainers and dozens more. The Biden administration the past four years created and gave out hundreds of thousands of new temporary permits to unvetted migrants crossing the border illegally between 2021 and 2024.  Those permits include new "Temporary Protected Status" and "Temporary Waiver from Deportation" permits as well as new ones for Temporary Emergency Parole and temporary housing (sometimes in luxury hotels), temporary food and medical vouchers and other benefits for newly arriving masses of thousands of immigrants per day.

 

All of those permits have one thing in common: They are temporary! They expire, they can be withdrawn, they can by changed by executive order, or by Congress.

 

The biggest categories of temporary permit holders are foreign students (Fs and Js -- over 1,1 million), temporary high and low skilled workers (H1s H2s); asylum applicants (recently numbering millions although it is known that fewer than 15 percent will qualify; the rest must leave with their families – even American-born children).  They are all temporary except it seems in the minds of open border advocates and most reporters and editors.   Now the brain freeze among "pro-immigrant" advocates seems to be on the word "temporary" as in   "What part of temporary is not understood?"

 

 Howls of protest occur any time a temporary protected group's status is removed such as this week when the Supreme Court allowed the Trump administration to remove the TPS designation of hundreds of thousands of Venezuelans and likely Haitians and El Salvadorians in the near future.   The media rarely report that university researchers and scholars who are facing deportation recently, are here on temporary time-limited foreign student permits vetted by the State Department. Few if any news articles mention that foreign students are tracked by the Department of Homeland Security ICE through the SEVIS program (a student and exchange visitor digital information system that was codified after the 911 terrorist attack; it requires host universities to collect and share basic data about their foreign students with the FBI.)  Foreign student and scholar permits are temporary, clearly marked "not immigration permit" and can be withheld, withdrawn, reviewed and investigated at the discretion of the executive branch of government.  Lying on an application especially about the intention to immigrate or prior affiliations with terrorist organizations are basis of removal.

 

Every foreign student knows that their foreign student permit is temporary. So do most migrants living under TPS status. But it seems that most "pro immigrant" and open border advocates in much of the media cancel that fact from their articles and rhetoric.

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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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