That Pesky Immigration Issue

June 15, 2012 | Filed under Illegal Aliens,Immigration | Posted by

President Obama’s announcement about his administration’s new immigration policy may or may not have been politically motivated, but it did bring attention to a pesky immigration issue that is difficult to deal with.

In a nutshell, the issue is this: How do you avoid punishing children for the sins of their parents?

Consider the following hypothetical situation:

Maria was born in Mexico. When she was still a baby, she went with her parents as they moved to the USA. Afterwards, Maria grew up in the USA, sounding and acting just like most American kids. Maria learned Spanish from her parents, but she has never been in Mexico other than when she was a baby. The USA is the only nation that she has ever known, and Mexico is a foreign nation to her.

On her 18th birthday, Maria is told a secret that had been kept from her. When she and her parents entered the USA 17 years earlier, her parents did not have permission from the U.S. government to enter the USA. Maria’s parents have never had Green Cards. Instead, her parents are illegal immigrants.

What about Maria?  Is she also an illegal immigrant, or is she the victim of her parents’ illegal status?  Unlike her parents, Maria would be lost if she were forced to live in Mexico, because the USA is the only home that she has ever known.

While Maria was a minor, she did not have the ability to choose where she lived.  That choice was made by her parents. Now that she is 18, Maria would like to attend a local college, even if she has to pay out-of-state tuition. She also would like to obtain a Green Card until she is able to undergo the official naturalization process.

The U.S. Department of Homeland Security knows about Maria. What should the government do with Maria? Is there a way to enable Maria to obtain what she wants without punishing her for what her parents did while she was a baby?

 

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(Disclosure: My late wife was a Latina immigrant who became a naturalized U.S. citizen.)

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Posted by on June 15, 2012.
Filed under Illegal Aliens, Immigration.
A refugee from Planet Melmac masquerading as a human. Loves cats*. In fair condition. A fixer-upper. Warranty still good. Not necessarily sane.[*Joke in reference to the TV sit-com "Alf", which featured a space alien who liked to eat cats. Disclaimer: No cats were harmed in the writing and posting of this profile.]

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  • retired.military

    maria is here illegally. Period. She is here against the law.
    Let me give you this scenario.
    Say a family of cannibals moved to the US legally. However, they kept their children isolated from American culture and continued to teach them their culture. So the children are taught it is okay to eat people. The children turn 18. Mom and Pop die. The children go out of the house, meet someone, kill them, and eat them.
    Should they be locked up for the sins of their parents?
    It is an impossible and silly scenario I know but look at the facts.
    a. Maria’s parents and the cannibals parents both brought their children to the US.
    b. Maria knew she was here illegaly THe cannibals were here legally but were kept away from American culture.
    c. Maria is breaking the law by being in the US illegally both as a child and as an adult. As a child she has little choice except to turn in her parents. The cannibal children break the law through the parents by eating people (not to mention pissing of NY lawmakers who now have to make a new law against eating body parts) even though they have no clue that this is not acceptable.
    d. Do you pardon Maria and give her citizenship when she was simply following example set by her parents and many in her culture? Do you pardon the cannibal children for following teachings from the parents and their culture.

    • retired.military

      Better scenario
      drug dealers have children. They teach the children the business. Children know it is wrong to sell drugs but they do it because it is what their parents taught them is okay. Children get caught both prior to and after their 18th bday. Do you throw them in jail? They broke the law but are only following what their parents taught them are okay to do. Do you give them a pass as well.

      • http://www.wizbangblog.com David Robertson

        Your other scenario doesn’t compare to mine either.

      • 914

        You do if you are Barack Hussein Obama and want to stay in power..

      • Guest

        In the real scenario the children didn’t break the law you racist pig. Their parents did

        • jim_m

          Actually…Technically they are breaking the law. Their parents essentially make them break the law, but there are many laws where malicious intent is not necessary and this is one of them.

          Funny how he is automatically racist? Why? Is it because you automatically presume that illegal aliens are by definition minorities? Do you think that no white Europeans are ever here illegally? Looks like once again you are the racist and you are projecting once again.

        • jim_m

          Grumpy is assuming that all illegal immigrants are Hispanic, but various studies have people from outside of Latin America representing upwards of 20%.

          Grumpy makes and assumption based on his own racist inclinations. The rest of us are talking about upholding a legal pathway to citizenship that has worked for over 100 years.

          Like all lefties everything is racial for grumpy. For everyone else it is about the law.

    • http://www.wizbangblog.com David Robertson

      The scenario that you give does not compare to mine. In mine, the child grows up learning and immersed in the American culture.

      • retired.military

        David
        That is a side issue IMO. The bottom line is that the law is being broken. Some could even argue that in the 2nd issue the boy is brought up in one of America[s many subcultures.

  • Vagabond661

    They should not be given priority over the people who legally immigrate here. If anything, the children of illegals could be given a blue card. That blue card is on the path of getting a green card. They can not vote or hold office with a blue card. That takes politics out of it. They can, however, obtain an legal SSN, pay taxes and drive a car.

    • herddog505

      That seems a very reasonable thing to do with regard to the children. What shall we do with their parents?
      Say… don’t lefties tell us from time to time that these (ahem) undocumented workers really DON’T want to be here, that they just hop the border long enough to work for a while, then go back home?

      • Vagabond661

        Since the children we are talking about are 18, the parents will have to be deported unless another color card progrm is set up for them. the difference is they would be considered parolees. again they can’t vote. after some time as a parolee then they could apply for a green card. they shouldn’t be able to leap frog over the legal immigrants working within the system.

        • Vagabond661

          I should also add they should not be on any government welfare program.

      • http://www.wizbangblog.com David Robertson

        I did not ask what the government should do with the parents. That is a different topic.

    • http://www.wizbangblog.com David Robertson

      If I understand you correctly, what you are saying is that the children should get in line for a Green Card but not be deported because they are unofficially naturalized – meaning that they are culturally Americans.
      So, what would be the difference between a Green Card and a Blue Card? Shouldn’t an immigrant with a Green Card be able to do more than an immigrant with a Blue Card?

      • Vagabond661

        I am no lawyer and laws for parolees vary state to state but the parents would be treated like parolees with a different color card. let’s say yellow. They cant own guns or property. can’t or own property, vote in state, federal or local elections, etc. They should get a SSN, pay taxes and don’t commit any more crimes. once they keep their nose clean and prove to be productive US citizens (no government programs) for a period of time, say 7 years then they start the process for a green card. blue cards would be reserved for the children of illegals. they would not be treated as parolees but they can not vote either. they too must prove to be productive members of society (again no government welfare programs). after a period of time say 5 years they can apply for a green card. I am opposed to amnesty or anything that allows them to leapfrog over people trying to do the legal way.

  • Commander_Chico

    The baby boomers’ retirement will have to depend on growth fueled in part by immigration. The trick is to let in the right people with some screening. People like Maria will contribute, let her stay.

    We should also have a high-skills (high IQ) immigration program, drain some brains from the rest of the world.

    Some of the “refugee” programs have been counterproductive, letting in elderly Russians and Somalis who will never learn English. I met a clinically insane Russian back in the early 90s who got in as a refugee.

    • jim_m

      We should also have a high-skills (high IQ) immigration program, drain some brains from the rest of the world.

      That’s really hard to sustain when your savior, 0bama, is running on a platform of class warfare and his supporters are running around with signs saying “Eat the rich!”

      When the government hates the people who generate wealth and economic growth it’s a little hard to persuade enough of them to come here to make any difference. What 0bama is asking for is a huge influx of uneducated low end laborers who will buy into his class warfare BS,

  • Guest

    I’m generally in favor of the DREAM Act (or something like it), but it needs to orginate with Congress. If the president directs that, for example, executive agencies should not deport the “been here since infancy” high-school grads and instead focus on those who are intentionally living here illegally and/or are a more imminent threat to Americans, then you can chalk it up to executive discretion — much in the same way a president might direct a prosecutorial office with a low budget to focus its efforts on drug crimes over financial crimes.
    But without further research, I’m not entirely sure where the president is pulling his authority to get these kids work authorization. That seems to be outside the bounds of his power.

    • jim_m

      but it needs to originate with Congress….

      That’s the problem with the left. They know that their programs are so unpopular that they will never get them through a congress unless, like 0bamacare, they hold bullet proof majorities in both the House and Senate. Instead the left seeks to impose their will on the people by force through Presidential order or by judicial fiat.

      We can see how successful the left has been in ending debate on controversial social issues by the wonderful success they had with abortion rights. I mean, nobody even thinks twice about abortion anymore, right?

  • GarandFan

    Well if Maria lives in California, she won’t have to pay out-of-state tuition. We’re rolling in money. We’ve got so much money we’re gonna have a ‘bullet train’.

    I’m sure Congress can come up with some ‘reasonable’ law. You know, the same people who said in 1986 “There will be no more amnesty, we will secure our borders.”

  • Par4Course

    Doing an end-run around Congress is an illegal power grab, as even Mr. Obama recognized a few months ago on Univision. Granting legal resident status to young foreigners who entered the US illegally will also attract even more illegal entrants from abroad. If the law is wrong, change the law – don’t ignore the existing law. Any real solution that is not purely political pandering will involve securing our borders and fairly dealing with all current illegal immigrants.

  • Brian_R_Allen

    Simple answer is that ours is either a constitutional republic and we a nation of Laws or it and we are neither.

    If we obey only those laws that make us feel good, we already are Mexico. And Greece and Italy and France.

  • ombdz

    If it’s ‘the right thing to do’, then why not draft legislation, persuade a majority to vote for it, and adapt it. Thought that was kind of how it’s done in a republic.

    It’s the arrogance and overreach that so many have a problem with. Of course, overconfidence and condescension can be fatal flaws, especially in politics. Ah, when the lessons from Zira, Cornelius and Taylor go unheeded …

    http://bit.ly/qVdDUt

    • http://www.wizbangblog.com David Robertson

      It was reported on national news that U.S. Senator Marco Rubio is working on such legislation.

      • Guest

        But he did nothing and the do nothing people standing behind him would have done nothing.

        Boy, talk about election year arrogance? Rubio was working on similar legislation? Like that would have actually passed? Look at the squealing racist pigs crying over what Obama’s done. You mean they wouldn’t object if it was Rubio’s idea?

        Talk about electioneering! Oh it’s such a bad idea as long as the black man promotes it but if our token brown guy suggests it it’s great?

        It’s a good idea when Rubio wants it but not Obama. That speaks volumes.

        • Vagabond661

          especially after the Democrats have passed a budget.

    • Guest

      This is the era of the “do nothing” Republican party.

      You had your chance. You did nothing. The Tea Party candidates got elected and did nothing.

      it was clear from the start. Oppose each and every move Obama makes. Just say NO!

      You lost your place at the table. The arrogance of taking public office and doing nothing has caught up with the Republicans and now the nation is moving forward without you.

      Sucks to be worthless obstructionists? Cry me a river….

      • jim_m

        So what stopped the dems when they had a majority in the House, a filibuster proof majority in the Senate and the Oval Office? The only answer I can see using you “logic” is that when the dems had total control and nothing standing in their way to make this happen they were held back by their own racism.

        BTW: Illegal aliens come with white skin too you freaking racist. You assume that illegals are minorities because your are a racist.

      • Vagabond661

        Like the Wisconsin Democrats who went and hid to avoid voting? Cry me a river of crocidile tears with your false indignation.

  • TomInCali

    Fortunately there are Republicans who are brave enough to reject party dogma. The Attorney General of Utah says Obama’s announcement is “perfectly within Obama’s powers, good law enforcement policy, and even a “conservative” solution.”

    http://www.washingtonpost.com/blogs/plum-line/post/utahs-gop-attorney-general-obama-immigration-move-totally-within-his-power/2012/06/15/gJQAcwWUfV_blog.html

  • TomInCali

    Fortunately there are Republicans who are brave enough to reject party dogma. The Attorney General of Utah says Obama’s announcement is “perfectly within Obama’s powers, good law enforcement policy, and even a “conservative” solution.”

    http://www.washingtonpost.com/blogs/plum-line/post/utahs-gop-attorney-general-obama-immigration-move-totally-within-his-power/2012/06/15/gJQAcwWUfV_blog.html

  • 914

    I guess Barak is not guaranteed enough dead vote’s this fall. Hey Barak! Why not just use the Martial plan? You know you are just dying too.

  • http://www.facebook.com/people/Jack-Zimms/100003653414389 Jack Zimms

    So if my parents gave me million dollars of stolen money and
    law enforcement finds out about it, should I be able to keep it since I wasn’t
    the one that stole it? Why punish me
    right? Parents’ decisions and actions affect their kids for good or bad. Are
    they not responsible for putting their kids in that situation?

  • http://www.wizbangblog.com David Robertson

    I like Vagabond661′s idea about a “Blue Card”. Such a card could mean that the person who has it is qualified for a visa, but must apply for a visa just like everyone else and wait in line behind those who have already applied for a visa.