to the United States do not come as legal permanent residents. The USCIS refers to these people as nonimmigrants. Some arrive seeking asylum, or protection. These are political refugees, who are allowed into the United States if they face or are threatened with persecution because of their race, religion, nationality, membership in a particular social group, or political opinions. Not everyone who feels threatened is given legal refugee status, however. The USCIS requires that the fear of persecution be “well founded,” and it is itself the final judge of a well-founded fear. Claiming refugee status can be an intensely political act, as evidenced by President Trump’s attempt to blame Democrats for the 2018 border crisis caused by his own administration’s policy of separating children from their parents in an effort to deter refugees.14 Refugees may become legal permanent residents after they have lived here continuously for one year (although there are annual limits on the number who may do so), at which time they can begin accumulating the in-residence time required to become a citizen, if they wish to.
refugees individuals who flee an area or a country because of persecution on the basis of race, nationality, religion, group membership, or political opinion
Other people who may come to the United States legally but without official permanent resident status include visitors, foreign government officials, students, international representatives, temporary workers, members of foreign media, and exchange visitors. These people are expected to return to their home countries and not take up permanent residence in the United States.
Profiles in Citizenship Jose Antonio Vargas
Gerry Salva-Cruz
Born in the Philippines, Jose Antonio Vargas was sent by his mother to the United States at age twelve to live with his grandparents, both naturalized U.S. citizens. Until he went to get his driver’s license, Vargas had no idea that the papers that had gotten him into the country were fake, paid for by his family in the hopes of giving him a better life. And his life was great, except for the weight of the secret he carried, forced into a virtual closet and afraid to let anyone except for a few trusted confidants close enough to know him. Even when he became a successful journalist and part of a Pulitzer Prize–winning team at the Washington Post, his anxiety about having his secret revealed was so debilitating that in 2011 he decided to come out of the shadows in a long and moving essay in the New York Times Sunday Magazine. (The Post was afraid to publish the essay because of possible legal repercussions for having hired him.) So far, Vargas is still here, for the most part left to himself by immigration authorities, and he has made himself a voice for the voice-less, founding the nonprofit Define American and working as an immigration-rights activist and a filmmaker. He has become an entrepreneur because, as an undocumented worker, he can employ others but cannot be hired himself.
On living in the shadows
“I was risking my sanity, I think. And I think I was risking my sense of self. It was almost as if I had to create a different person that had to lie to all of my friends. You know I was the kind of person who, if you had known me six years ago, I just never talked about my family, there were no photos of them anywhere in my house. I never talked about where I was from because, if you talk about where you’re from, then it’s gonna come up. Well, how’d you get here?”
On the meaning of citizenship
“I just hope that young people in this country do not take their citizenship for granted. And I hope that they realize what was paid for it—literally and figuratively, what paved the way for them to be free. And that freedom isn’t comfortable . . . [T]here’s this quote from Toni Morrison and I didn’t realize she got it from [James] Baldwin. The quote was, ‘Your crown has been bought and paid for. Your ancestors already gave it up for you. It’s already done. Now you can love yourself. It’s possible.’”
On keeping the republic
“To me, this country has always been an experiment. It was and it is still an experiment. . .I think this question of how we define ‘American’ is at the very core of this republic and how we keep it. Is it laws? Is it papers?”
Source: Vargas spoke with Christine Barbour and Gerald C. Wright on May 13, 2016.
Undocumented immigrants have arrived here by avoiding the USCIS regulations, usually because they would not qualify for one reason or another. Many come as children who, like Jose Antonio Vargas, the subject of this chapter’s Profiles in Citizenship feature, may not even know they do not have the proper papers. After Congress repeatedly failed to pass the DREAM Act, which would have given permanent legal status to thousands of young adults who were brought to the United States illegally as children, President Obama created the Deferred Action for Childhood Arrivals (DACA) program, which allowed them to stay in the country and go to school or work. The Trump administration is locked in a court battle to end the program, leaving these young adults mostly in political limbo. Congress has so far been unwilling to find a solution for fear of angering constituents, even though a large majority of Americans support allowing the “dreamers” to stay in the country.
American laws have become increasingly harsh with respect to undocumented immigrants. Even so, people continue to come, although the numbers have declined in recent years. Many undocumented immigrants act like citizens, obeying laws, paying taxes, and sending their children to school. Nonetheless, some areas of the country, particularly those near the Mexican-American border, like Texas, California, and Arizona, often have serious problems brought on by those who skirt the immigration laws. Even with border controls to regulate the number of new arrivals, communities can find themselves swamped with new residents, often poor and unskilled, looking for a better life. Because their children must be educated and they themselves may be entitled to receive social services, they can pose a significant financial burden on those communities without necessarily increasing the available funds. Although many undocumented immigrants pay taxes, many also work off the books, meaning they do not contribute to the tax base. Furthermore, most income taxes are federal, and federal money is distributed back to states and localities to fund social services based on the population count in the census. Since undocumented immigrants are understandably reluctant to come forward to be counted, their communities are typically underfunded in that respect as well.
Even people without legal permanent resident status have rights and responsibilities in the United States, just as U.S. citizens do when they travel to other countries. Immigrants enjoy some rights, primarily legal protections. Not only are they entitled to due process in the courts, but the U.S. Supreme Court has ruled that it is illegal to discriminate against immigrants in the United States.15 Nevertheless, their rights are limited. They cannot, for instance, vote in our national elections (although some localities, in the hopes of integrating immigrants into their communities, allow them to vote in local elections16) or decide to live here permanently without permission (which may or may not be granted). In addition, immigrants, even legal ones, are subject to the decisions of the USCIS, which is empowered by Congress to exercise authority in immigration matters.
In Your Own Words
Analyze the role of immigration and citizenship in American politics.
What Do American Citizens Believe?: A common culture based on shared values
Making a single nation out of a diverse group of people is no easy feat. It is possible only because, despite
