Over the past half century, Americans have fought and argued historic
battles over the civil rights of African Americans and the LGBT community. To stop
government from codifying personal prejudice into civil law, we marched, battled
and bled through progressions of violent protests, generational combat across our
dinner tables, protracted court cases and emotional elections.
While civil rights battles continue, the outcomes of these wars are
decided. Any list of the 10 most popular people in America might include:
Barack and Michelle Obama; Oprah Winfrey; Colin Powell; Michael Jordan; Denzel
Washington; Magic Johnson; Beyoncé; Tiger Woods; and, Muhammad Ali. While
race-based discrimination continues in American hearts, law and majority
opinion solidly condemn it. Jim Crow is on life support.
The civil rights of the LGBT community are solidly endorsed by
America’s youth and increasingly validated by our Courts. The Defense of
Marriage Act, signed by President Clinton in 1996, receives the same levels of
ridicule and scorn previously reserved for Plessey v Ferguson. Five words from Pope
Francis, “who am I to judge?” signaled a global religious reassessment of
homosexuality. The days are clearly numbered for politicians who believe
anti-Gay campaigns are winning strategies.
If these two struggles are decided, what is next for the Civil Rights
movement? What is the next class of people who will reject today’s social
paradigm and force another national re-examination of civil rights in America?
Within 5 years, certainly no more than 10 years from now, the civil
rights of Undocumented Immigrants will rise to similar levels of partisan and
protracted political combat. Undocumented Immigrants will cease to accept
second-class status and insist on equal rights under the Constitution. They
will force a civil rights struggle over the meaning of citizenship in America
and its value in a globalized world.
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Rights
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Responsibilities
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1.
Right to vote in
elections.
2.
Right to run for
elected office.
3.
Right to apply for
federal jobs requiring U.S. citizenship.
4.
Freedom to pursue
“life, liberty, and the pursuit of happiness.”
5.
Freedom to express
yourself.
6.
Freedom to worship
as you wish.
7.
Right to a prompt,
fair trial by jury.
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1.
Defend the country
if the need should arise
2.
Serve on a jury
when called upon.
3.
Support and defend
the Constitution.
4.
Respect and obey
federal, state, and local laws.
5.
Pay income and
other taxes honestly and on time.
6.
Respect the rights,
beliefs, and opinions of others.
7.
Stay informed of
issues affecting your community.
8.
Participate in the
democratic process.
9.
Participate in your
local community.
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The “Responsibilities” of US citizenship are very light. Of the “Responsibilities,”
current citizens routinely ignore numbers 7, 8 and 9. Numbers 4, 5 and 6 apply
to anyone within US borders, citizen or noncitizen. Number 3 (Support and defend
the Constitution) is more aspirational than actionable. That leaves us with
national defense and jury duty. With no draft in an era in warfare when
conscript armies are ineffective, the national defense responsibility is more
theoretical than real.
Jury Duty remains as the sole concrete responsibility of citizenship.
Is that sufficient grounds for discriminating against non-citizens? As an
aside, California Governor Gerry Brown vetoed a 2013 bill that passed both
house of the legislature to allow Green Card holders to serve on California
juries. Even the bind between jury duty and citizenship is fraying.
The “Rights” of US citizenship are almost as light. Of the “Rights”
listed above, numbers 4 through 7 are basic human rights. Number 3 is
self-fulfilling (you must be a citizen to get a job that requires you to be a
citizen). The most exclusive rights of US citizenship are the right to vote and
to hold office. I doubt Undocumented Immigrants would argue these exclusions.
All the other rights are shared by all humans, including inalienable rights
endowed by our Creator. They are not unique to US citizenship.
For decades, while America had de
jure prohibitions against illegal immigration, we extended de facto invitations to millions of
people to cross our borders any way they could. Jobs were plentiful. Fences
nonexistent by design. Hundreds of thousands (possible millions) of Americans
hired Undocumented Immigrants without penalty. Undocumented Immigrants
performed work that no one else wanted in the service, construction and
agricultural sectors. They obeyed laws, started families, bought houses, started
businesses and paid taxes. Some served in uniform. All the while Undocumented
Immigrants remained vulnerable to exploitation. They endured unpaid wages,
dangerous working conditions, uncompensated injuries and threats of exposure. These
vulnerabilities continue to this day.
What will happen when Undocumented Immigrants take to the streets in
violent protests over their lack of civil protections and their vulnerability
to exploitation and deportation? If history proves a guide, authorities will
crack down, meeting violence with violence. Politicians will either fail to act
or will join the crackdown. Undocumented Immigrants will then take their cases
to Court. After a series of successes and failures, judicial decrees will eventually
trigger a reappraisal of American values over immigration and citizenship.
It’s entirely possible that this scenario will not play out. History
may not repeat itself. Problems posed by
Undocumented Immigrants may simply “go away.” However, if history does repeat
itself, Congress will refuse to act, forcing Courts to address a basic
injustice. Congress will then criticize “activist judges” for stepping into the
vacuum. As in the 1954 Brown decision, the Courts will dictate a leadership
path that politicians will undercut for temporary political advantage.
A better course would be to place a short and specific proposal on the
political table that extends basic civil protections to Undocumented Immigrants
in America. We would debate and modify this proposal until a consensus forms. Our
overall purpose is to get ahead of a possible civil rights struggle before it
turns violent.
Future blogs will outline one possible path. Suggestions are welcome.