Of all things Great and Small “American Citizenship” ranks right up there with being a parent or being a true believer in a religious community.  For immigrants obtaining citizenship is akin to “Manna from Heaven.”  There is also a lot of “Good” and “Bad” to be said about our nation’s immigration laws, its enforcement or lack thereof, and the constant cry to “Reform” it.   Yet, if I were an immigrant and received a gift-wrapped box from Congress containing “A Pathway to Citizenship” packet I would seriously have to consider returning it. Not that I am ungrateful, undeserving, or even prone to looking a gift horse in the mouth.  Rather, heeding an old axiom “Beware of Greeks Bearing Gifts” I would have to ponder the “Trojan Horse” before me.

First, let me be very clear, within our immigration laws today there already exists a perfectly crafted hierarchical path to citizenship that needs little, if any, tweaking.  Consequently, my initial reaction to a purported gift of “Citizenship” would be to ask myself – what is all this cockamamie business about?  Why, all of a sudden (sort of), is Congress determined to employ a “carrot and stick” approach to our immigration dilemma?  Promising such a loaded remedy knowing full well that it is riddled with unexpected landmines is unconscionable.  I suspect, as should you, that this endeavor is a product of the calculated use of “Coded Language” designed to force undocumented immigrants to play a sophisticated version of “Three-Card Monte.”

You see, under our immigration system, in place since 1952, foreigners have been coming to America either as temporary non-immigrants, intending immigrants, or even as refugees and have found the existing highway, or pathway, to citizenship to be more than adequate.  The journey may have its occasional bumps in the road, and perhaps presents a few potholes here and there, but overall the lighting, the signage, and the on-and-off ramps are well marked and maintained.  Furthermore, the existing pathway, with bumps and all, is devoid of any real or active landmines.  As it stands, building a new and improved “Pathway to Citizenship” is an unacceptable farce which tends to unnecessarily excite and drive the anti-immigrant groups into a feeding frenzy.  In similar fashion it keeps Congress divided and stymies its efforts to place “Immigration Reform” back on track.  As a result, the rest of us are left to ponder whether the “body” has lost its ability to serve.  One thing, however, is certain; the legislative branch lacks the formidable leadership of times past and can barely muster public confidence in the institution.

The hidden reality is that the struggle faced by today’s undocumented immigrants has little to do with finding a “Path to Citizenship.”  Rather the struggle lies in getting their arms around the “Golden Goose” or “Green Card.”  This concept is simple; just consider the all-time favorite American pastime – Baseball.  If you’re on a team and want to score a “Grand Slam” (Citizenship) you must first be on the game roster and be given an opportunity to “come to the plate.”  In immigration terms you make the team by first becoming a “Green Card” holder.  Then, and only then, can you step up to the plate, play ball, and aim for a “Grand Slam.”  The big difference, unlike baseball, is that a Green Card Holder (player) must be an active player for a period of 3 or 5 years before qualifying to score a “Grand Slam.” In all other respects, as with baseball, the rules of the immigration game are already set and known.   As such the game need not be spoiled by a revision of the rules.

Returning to the “Trojan Horse” concept there are legitimate reasons for deep concern.  The administration, acting as a lone wolf, has already begun to redesign the “Pathway to Citizenship” even as Americans continue to wonder when the “Hill” will get to work on its proposals.  While Congress sticks its head in the sand the administration operates under its own dictates.  It has recently responded to the notion that “Fraudulent Citizenship” is as rampant as “Voter Fraud” by establishing a special immigration unit to review the paperwork of thousands of previously certified “Naturalizations.”  The unprecedented goal is to commence denaturalization proceedings to ferret out the culprits.  This initiative smacks of the “Red Scare” tactics of the Joe McCarthy era and the infamous House Un-American Activities Committee.

As if that weren’t enough, the administration revved up the deportation of “Honorably Discharged” veterans.  Many of these veterans were under the false impression (from which they were not dispelled) that their service qualified them for immediate citizenship.  Many of those deported were caught up in a bureaucratic nightmare and not provided a way out of the morass despite their years of dedicated service or their medals.  They are left to find solace at “The Bunker,” a voluntary veterans support house (one of many worldwide), which has been established as a refuge for “deported veterans” in Tijuana, Mexico.  There is a poignant irony in the fact that should they die abroad their bodies can be transported to the States for military burial but many will not be able to return before then.  It is in this climate that we, Americans, are asked to open our arms to the “Trojan Horse” bearing a new “Pathway to Citizenship.”

David Rivera, Esq.

Washington, D.C.

08/18/2018