Protecting Undocumented Americans?

Rounding up millions of longtime residents, placing them in detention, and deporting them. Where have we heard this before? If you are not outraged by Trump targeting long-time immigrants, then you are not paying attention.

Jews lived “undocumented” in limbo in Germany for centuries. Until they were granted citizenship in 1871. And had it taken away in the 1930s. Who counts as a citizen is not handed down by God. It is given and taken away on a whim by people. True in Germany and in the U.S.

The U.S. Constitution explicitly said slaves were not citizens or even humans. It took the 14^th Amendment to establish that if you were born in the U.S., then you are a U.S. citizen (and presumably a human). Note to anti-choicers: You do first have to be born.

What about immigrants? It is estimated that 11 million Americans are “undocumented.” Many entered the country legally but overstayed their visas. Millions were brought as children and know no other country. Others entered illegally long ago, but committed no other crimes.

For most of U.S. history, there were few restrictions on immigration. The U.S. was a big country needing workers. Between 1880 to WWI, fewer than 1% of European immigrants were turned away at Ellis Island. The main concern: people should not be carrying disease or need public assistance.

Mexican workers were welcomed for farm labor under the bracero program from 1942 to 1964. Most such workers came just to make money in the U.S. and return home to Mexico. That situation continued informally for decades longer. 9/11 changed that. Strict border controls after 9/11 actually caused more Mexicans to stay in the U.S., fearing they may never be able to re-enter the U.S. if they went home.

But there have also been waves of racism and anti-immigrant policy, including Chinese immigrants being excluded by law from 1882-1943. After WWII it was often easier for former Nazis to enter the U.S. than it was for Jewish refugees to enter.

In more recent years it was claimed that immigrants were “stealing jobs” from American workers. Experimental programs showed that U.S. born Americans refused farm work even at high pay.

The U.S. immigration system has been broken for at least 35 years. There is currently almost no legal way to immigrate from many countries. Even the asylum system has become a political football. The solution is comprehensive immigration reform: Fixing the border. Letting more people in legally. Punishing lawbreaking employers. Legalizing those already here.

The “Laken Riley Act” claims to go after immigrants who are criminals. There already was a law allowing deportation of non-citizens who had committed two petty offenses. The Laken Riley Act goes on to allow deportation of non-citizens who are merely accused of a petty crime. No conviction needed. Important fact: Undocumented immigrants commit crimes at less than half the rate of U.S. born Americans.

The Laken Riley Act was supported by Democrats in swing states to prove they are “tough” on immigrants. But it is absurd to give away one piece of the solution without negotiating a comprehensive plan. The Act is also clearly unconstitutional as it lacks any due process.

For most of U.S. history if you lived in the U.S. (and you were not a slave or a Native American) you were presumed to be a U.S. citizen. As I wrote in my October 2023 article “Immigration Statute of Limitations?” murder is the only crime with no statute of limitations. But fear-mongering ideologues want to lump immigrant farm workers and nannies in the same category as murderers. Should people who broke an immigration law 30 years ago have their lives destroyed now?

Control borders with comprehensive immigration reform, yes. But people who have lived here for years as American workers and as your neighbors are as American as anyone. We should call them “undocumented Americans.” And document them.

805 UndocuFund is a local organization supporting rights of undocumented Americans. The ACLU is fighting for due process for everyone. How about if we support these organizations? To show that we understand what it means to be a human and an American?