Green Cards vs. Citizenship

Wall Street Journal (Opinion)

By Jagdish Bhagwati and May L. Yang

May 9, 2014

http://online.wsj.com/news/articles/SB10001424052702304518704579523350512664002

The immigration-reform debate raises many thorny questions, none more so than how to offer legal status to nearly 12 million illegal immigrants already living in the U.S. The comprehensive immigration reform bill passed last June by the Senate offers a pathway to citizenship for those who entered the country illegally. But many House conservatives—in addition to their unceasing cry for more border security—are opposed to rewarding illegal immigrants with U.S. citizenship.

With 2014 looking like the year immigration reform could actually pass both houses, we suggest a compromise, at least on the issue of citizenship.  If one wants a kinder and gentler immigration policy, a pathway to citizenship may seem like the right choice. Yet a green card, or permanent-residence status, offers virtually everything that citizenship offers except the following: the duty to serve on juries, the right not to be deported and the right to vote.

The duty to serve on juries is hardly regarded as a right. Anyone who can't find an excuse to duck jury duty complains of lost time and poor compensation. For many, it is only the threat of penalty that leads to compliance.

A citizen's right not to be deported, on the other hand, is a meaningful and treasured right, especially as deportations of illegal immigrants from within the U.S. have reached an all-time high—368,644 in fiscal year 2013—under this administration, which regularly condemns Republicans' insensitivity on immigration while quietly working overtime to ship illegal immigrants out of the country.

The question then is: If the only significant limitation that green-card holders suffer from is that they don't have the right to vote and they can be deported for serious offenses, which is already happening to "illegals" at an alarming rate, shouldn't lawmakers then compromise on a reform that offers illegal immigrants green cards rather than citizenship?

Under current law, a green-card holder, or permanent resident, who qualifies can apply to become a naturalized citizen after five years. Those who wish to do so could pursue that path, but once permanent-resident status is granted it is likely that most would not. After all, their children, if born in the U.S., would be granted U.S. citizenship, as would future generations.

If only illegal immigrants had this explained clearly to them, it is highly unlikely that they would prefer to fight for citizenship over permanent-resident status, when the granting of green cards would be less contentious and more likely to attract wider political support. So why then do most Democrats prefer a "path to citizenship" over a green-card solution?

The answer is simple: politics. It is an article of faith in Washington that the great majority of illegal immigrants who will benefit from citizenship are Hispanic and will vote for Democrats. Similarly, Republicans fear that naturalized Hispanics will not vote for Republicans. So if the illegal immigrants are offered citizenship, and not permanent-resident status, the electoral consequences will favor Democrats and undermine Republicans.

If the cynical focus on electoral outcomes could be put aside, then we could think more clearly about the welfare of the millions of undocumented workers in America who work alongside U.S. citizens, pay U.S. taxes and send their children to U.S. schools.

Mr. Bhagwati is University Professor of Economics, Law, and International Affairs at Columbia University and is completing a book on U.S. immigration reform at the Council on Foreign Relations, where Ms. Yang is a research associate in International Economics.

For more information, go to:  www.beverlyhillsimmigrationlaw.com