My main problem with the “unclean hands” argument is that it still relies on the fallacy that there is some “line” to get into when it comes to immigration. As it stands, the few pathways to get in here on a path to citizenship are asylum, family (or as you might call it “chain immigration”), marriage, or lotteries limited to certain countries. Essentially all of the current pathways or “lines” to citizenship require some kind of unfair advantage. Whether it’s having a child marry a US citizen or being born in a country where the lottery provides much better odds or even being from a place where circumstances on the ground give you a legit asylum claim (not really an advantage generally, but it is for immigration purposes), all of the ways to get into the “line” depend on circumstances beyond any potential immigrant’s control. As a result I fail to generate sympathy for the argument that those who take advantage of our Constitution’s (as supported by every legal decision on the subject) guarantee of birthright citizenship to those born on US soil are “cheating” in any material sense.
Also, it wasn’t like immigration issues were non-existent at the time of the 14th Amendment. I mean look at the riots in NYC during the Civil War from Irish immigrants. They got citizenship status immediately upon arriving here and didn’t realize that would subject them to the draft and not freed slaves.
I would be much more sympathetic to your proposals if they simultaneously came with reforms that actually created a functional “line” for prospective immigrants to get into. Such a line would require a probationary period before permanent residence (let alone full citizenship) was granted, and constant check-ins. Also, having a child here wouldn’t protect such prospective immigrants from being deported if they didn’t follow the rules of the so-called “line.” Until such reform happens, it’s really a stretch to suggest anyone has “unclean hands” under the current immigration regime. We like to pretend there’s a “line” but for the most part (excluding things like the racist Chinese Exclusion Act), the vast majority of Americans at least partially descended from people where the only “line” they faced was the one getting off the boat to be processed. If you want to insist on “unclean hands” you need to also advocate for policies that encourage a real line to get into.
My main problem with the “unclean hands” argument is that it still relies on the fallacy that there is some “line” to get into when it comes to immigration. As it stands, the few pathways to get in here on a path to citizenship are asylum, family (or as you might call it “chain immigration”), marriage, or lotteries limited to certain countries. Essentially all of the current pathways or “lines” to citizenship require some kind of unfair advantage. Whether it’s having a child marry a US citizen or being born in a country where the lottery provides much better odds or even being from a place where circumstances on the ground give you a legit asylum claim (not really an advantage generally, but it is for immigration purposes), all of the ways to get into the “line” depend on circumstances beyond any potential immigrant’s control. As a result I fail to generate sympathy for the argument that those who take advantage of our Constitution’s (as supported by every legal decision on the subject) guarantee of birthright citizenship to those born on US soil are “cheating” in any material sense.
Also, it wasn’t like immigration issues were non-existent at the time of the 14th Amendment. I mean look at the riots in NYC during the Civil War from Irish immigrants. They got citizenship status immediately upon arriving here and didn’t realize that would subject them to the draft and not freed slaves.
I would be much more sympathetic to your proposals if they simultaneously came with reforms that actually created a functional “line” for prospective immigrants to get into. Such a line would require a probationary period before permanent residence (let alone full citizenship) was granted, and constant check-ins. Also, having a child here wouldn’t protect such prospective immigrants from being deported if they didn’t follow the rules of the so-called “line.” Until such reform happens, it’s really a stretch to suggest anyone has “unclean hands” under the current immigration regime. We like to pretend there’s a “line” but for the most part (excluding things like the racist Chinese Exclusion Act), the vast majority of Americans at least partially descended from people where the only “line” they faced was the one getting off the boat to be processed. If you want to insist on “unclean hands” you need to also advocate for policies that encourage a real line to get into.