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Birthright Citizenship Isn’t The End
Yesterday, the Supreme Court of the United States upheld birthright citizenship, which was a legal abomination. But that does not mean that America is doomed to a future of open immigration.
To understand what we can and should do, we have to understand what went wrong with immigration in the United States.
The answer is not Supreme Court decisions. What went wrong with immigration in the United States was the elected branches of government: legislative and executive policy.
Over the decades, our legislators and presidents have let in tens of millions of people who should not be in the country. That needs to stop, and some of it needs to be reversed.
So let’s start with a question: if we want to understand America’s immigration policy, where exactly do you think it broke down?
The percentage of immigrants of the total U.S. population from 1850 to essentially 1930 was well north of 10%, quite high.
Very few people think about immigration in that period as breaking America. It obviously created significant social problems, but nobody tends to think of that period in American life between 1850 and 1930 as a time that wrecked what America was.
And then the share of immigrants in the U.S. population dropped sharply between 1930 and essentially 1970. Then it spiked again.
If you look at the immigrant share of the U.S. population, it was 9.7% in 1850. In 1890, it rose to almost 15%. People don’t tend to think of this as a bad time for America because of immigration. Yes, there were social concerns, but overall, in retrospect, we don’t see this as a time when America was “being hollowed out.”
From 1930 onward, that percentage declined sharply from well north of 10% to 4.7% in 1970. And now it has spiked up again to roughly 14% as of 2022.
So what changed? We tend to think of immigration as a massive problem, but we didn’t think of immigration as a massive problem in 1900 when the percentage was about the same.
We need a quick history lesson here on the nature of American immigration. What changed is the nature of American immigration, not the sheer number.
America is a land of people who came to settle an unsettled wilderness, and they came from Europe, in large measure. There were no welfare programs. They didn’t come here to take advantage of existing welfare programs.
In 1850, the top five foreign-born populations were Ireland, Germany, the U.K., Canada, and France.
Move forward to 1880, and you can see that the pattern remains the same, except for massive Chinese immigration to the West Coast. But even that massive Chinese immigration to the West Coast was not in the top five in terms of foreign-born population. In 1880, when a substantial percentage of Americans were immigrants, the top five foreign-born populations were Germany, Ireland, the U.K., Canada, and Sweden.
Move forward again: 1910. In 1910, the top five foreign-born populations were Germany, Russia, Ireland, Italy, and the U.K. — still mostly European immigrants.
Move forward to 1990: Things have shifted quite a bit. It turns out that number one with a bullet is Mexico. A huge, huge percentage of immigrants were now coming from Mexico. In 1990, 4.26 million immigrants were from Mexico. The next highest number was 910,000 people from the Philippines.
You may notice that neither of those countries is European.
740,000 from Canada, 740,000 from Cuba. Germany clocked in at a very low number five.
So the source of the immigration had radically shifted.
Now move forward to 2022. What you can see is that the entire country was blanketed with immigrants from India, China, the Philippines, El Salvador, and Mexico. In 2022, the top five foreign-born populations by country of origin were: 10.6 million immigrants from Mexico, 2.83 million immigrants from India, 2.23 million from China, 2.01 million from the Philippines, and 1.42 million from El Salvador.
That is a giant shift in the nature of the places people are coming from. To pretend that gigantic numbers of Mexican immigrants are going to be the same as gigantic numbers of German, Irish, or British immigrants is silly. The same thing for India, the same thing for China.
That is not a case against any individual immigrant. It is just a fact. When you import large numbers of people from cultures that don’t cohere with the core culture of the United States — which is an English/Protestant culture from the beginning — then it’s going to be harder to integrate those people.
Add to that the fact that from the very beginning, our immigration programs were rooted in the idea that there was no welfare; you came here for the adventure. You came here because you wanted a better life, not because you wanted welfare benefits.
Once you add welfare benefits on top, the kinds of people who are coming here change.
This is the difference between opening a Michelin-star bakery — where your clientele is going to be a certain type of person — and opening a donut shop, and you put in the window “free donut”: there will be a different type of person who shows up to the donut shop.
If you look at the history of American immigration, you can see why there was a gigantic wave of immigration and then a dip: congressional action.
It is not as though Congress has not acted before. In 1882, Congress passed what was called the Chinese Exclusion Act. In 1880, China was the number one source of immigration, raising concerns in Congress. Thus, in 1882, they passed the Chinese Exclusion Act, which actually barred Chinese laborers from entering the United States for 10 years and was later extended to bar Chinese immigrants from naturalization entirely.
By 1910, there was an incredible uptick in immigrants from Eastern and Southern Europe. So the Immigration Act of 1917 was passed, creating a barred zone extending from the Middle East to Southeast Asia, from which no immigrants were permitted, and instituting literacy tests for people entering the country.
In 1921, the Emergency Quota Act was the first federal law to set numerical limits on immigration. The goal was to keep people coming in at very low levels from countries we had already allowed entry.
In 1924, the National Origins Act, the Immigration Act, tightened it still further, intentionally barring immigrants from Southern and Eastern Europe, and banning virtually all immigration from Asia. You see a giant drop in the share of immigrants in the American population between then and essentially 1965.
And then something seminal happened: the 1965 Immigration and Nationality Act, which radically changed the nature of immigration in the United States. We went from a bunch of European immigrants to a bunch of immigrants from places like El Salvador, Mexico, China, and the Philippines, etc.
That act was pushed by Senator Ted Kennedy and Lyndon Baines Johnson and repealed the quota system entirely. That meant a radical uptick of immigrants from Asia, Africa, Latin America, and South America. It had a no-discrimination clause that said no person could be discriminated against in the issuance of any visa because of race, sex, nationality, place of birth, or residence.
Previously, we had two types of visas: permanent and temporary. We had limits on temporary visas. But that was jettisoned under the 1965 Immigration and Nationality Act.
It also created a seven-tiered preference system designed to reunify families of U.S. citizens and legal residents. This created massive illegal immigration because there was a cap that was placed on Western Hemisphere immigration, but there was no guest worker program. Instead, people started crossing the border en masse and just staying.
Add on top of that the gigantic welfare systems that were created by LBJ’s Great Society programs and the accessibility of those welfare systems to illegal immigrants, and you get the free donut shop, where you have people coming across the border because the benefits here are great. You’ll not just get a better job; you will also have access to American systems.
Everyone wants to get in; the United States is a great place.
But you will draw a different type of clientele depending on whether you’re the free donut shop or the Michelin-star restaurant.
When you change the math, when you pay people, when you give them free money so they don’t have to integrate, they don’t have to assimilate by nature, and you change the system pretending that all cultures are equally capable of mass migration to the United States, you end up with the current system of immigration in the United States.
You’ll notice that throughout this litany of immigration history, the vast majority of this action is either bad congressional or presidential action — such as Joe Biden opening the border and widely refusing to enforce immigration law — or judicial actions that are likely reversible at the Supreme Court level today.
So what is the solution?
Number one, you can enforce immigration law; it is the job of the executive branch. You don’t need an invalidation of birthright citizenship in order to enforce immigration laws. It is illegal to immigrate illegally.
Number two, you can get rid of the possibility of government dependency for illegal immigrants: the job of the legislature and the judiciary.
Number three, start by enforcing immigration laws. Our enforcement mechanisms on temporary visas need to be significantly stronger. When it comes to visa tests for permanent visas, we’d have to screen more carefully.
You’d have to share our values, come from a system that shares them, and be able to prove it. If you’re coming from a place where you can’t prove it, you shouldn’t get in. You have to show that you’re going to be of net economic benefit to the United States, that you’re not going to be a welfare draw.
When it comes to temporary visas, we would boot people as soon as the temporary visa has expired; we would actually follow up, which we don’t do right now. We would shut the border. We would start deporting people who are in the country illegally and are welfare-dependent or are engaged in illegal activity of any sort.
We can crack down on birth tourism, which was the key issue with regard to birthright citizenship. We can criminalize people who come to the U.S. through birth tourism networks.
Then there’s welfare. If you’re going to come in and be on welfare, you should not be able to come in. If you’re on welfare, you should be in line to get the boot again. We do not require congressional action here.
The worst thing you can do is black-pill, because that removes responsibility from the executive and the legislature, saying, “The judiciary blew it for us; there’s nothing we can do. I guess we’re screwed now.”
That’s not helpful.
But the most important thing is that the Supreme Court’s ruling yesterday did not change the existing state of the law. They simply didn’t do the right thing — which sucks, it’s a blown opportunity — but the answers are still there.
For conservatives and Republicans, immigration remains a winning issue because it is not that Democrats are so in love with the concept of birthright citizenship; it is that they are in favor of open borders.
Congress can do something, and congressional and executive policy can do something.
Democrats are celebrating because they want birthright citizenship to be the basis of mass migration.
But there’s a lot we can do about it.