Vox
By Dara Lind
August 16, 2015
Donald
Trump wants all unauthorized immigrants out of the country. He’s said
it before, and he said it again on Sunday to Chuck Todd of Meet the
Press: "They have to go."
But Trump also says he doesn’t want to split up unauthorized immigrants
from their families. That is a real contradiction: Many of the
estimated 11 million unauthorized immigrants in this country have
children who are US citizens.
Todd
pressed Trump on this, asking him if his plan required deporting,
alongside unauthorized immigrants, the children of those immigrants,
even if those children are
US citizens. Trump responded, "Chuck. No. No. We’re going to keep the
families together, we have to keep the families together. But they have
to go."
What is Trump actually saying here?
It's
not clear, from Trump's answer, whether he's simply refusing to
acknowledge the contradiction between "deport all unauthorized
immigrants" and "keep families together,"
or if Trump's plan, as Todd suggested, is to reconcile that
contradiction by deporting any children of unauthorized immigrants.
The
former certainly seems possible; this wouldn't be the first time that
Donald Trump offered an incoherent and internally contradictory policy
plan. But so does the
latter: Trump, after all, doesn't believe that the US should grant
birthright citizenship to the children of unauthorized immigrants, so
it's at least possible to imagine that he would like to deport those
children.
TRUMP HASN'T EXPLICITLY CALLED TO DEPORT MILLIONS OF CITIZEN CHILDREN — BUT THAT'S THE LOGICAL CONCLUSION OF HIS PLAN
It's
important to stress that Trump has not explicitly called for deporting
the children of unauthorized immigrants, even if those children are US
citizens, en masse.
But that's the logical conclusion of his plan to deport all
unauthorized immigrants while also "keep[ing] the families together."
That's why Todd asked about it: It's the only way the pieces of Trump's
plan fit together.
Trump
didn't say this was his plan, but he wouldn't quite deny it either.
There are several ways to read this. Maybe Trump simply doesn't
understand that this is the inevitable
conclusion of his plan. Maybe President Trump would reconcile the
contradiction by declining to deport unauthorized immigrants whose
children are citizens. Maybe "we're going to keep the families together"
is just a lie, and his plan is to deport unauthorized
immigrants without their children.
But,
as long as Trump refuses to clarify, it will be difficult to avoid at
least the possibility that, as Todd suggested, his plan is to deport the
children of unauthorized
immigrants as well, even if those children are US citizens.
So
what would that look like? Millions of American citizens live in
families where at least one member is an unauthorized immigrant.
Deporting all of those unauthorized
immigrants without separating them from their families sounds like it
means deporting their families alongside them. That would include as
many as 4.5 million children who are full citizens of the United States.
And that would be exactly as cruel and inhumane
as it sounds.
Millions of children who are US citizens have unauthorized immigrant parents
As
of 2010, 4.5 million US citizens under the age of 18 had at least one
parent who was an unauthorized immigrant. (It's entirely possible that
the number has changed
as the unauthorized immigrant population has gotten more settled over
the last few years.)
That
likely includes an awful lot of American schoolkids. As of 2012, 6.9
percent of all students enrolled in kindergarten through 12th grade in
the US had at least one
unauthorized immigrant parent; 5.5 percent of all K-12 students were US
citizens with at least one unauthorized immigrant parent. That's one
out of every 18 school-age US citizens.
Separately,
a 2008 study estimated that 400,000 adults who were legally present in
the United States were members of families where at least one person was
unauthorized.
So in a large number of cases, deporting all unauthorized immigrants
would mean breaking up families.
Either
Trump does want to break up these families, or he wants to deport the
entire families — US citizens and all — alongside the unauthorized
immigrants.
The context here: Trump doesn't believe in birthright citizenship
There
is something that helps explain how Trump could possibly think it was a
good idea to call for the mass deportation of American children: He
doesn't believe these
children should have been born citizens anyway.
During
his Meet the Press interview, he confirmed to Chuck Todd that he wants
to get rid of birthright citizenship. Trump's logic was that "they have a
baby, and all of
a sudden nobody knows the baby's here." Ironically, the only place this
could really be happening would be Texas, where the state is refusing
to issue birth certificates to some unauthorized immigrant mothers —
thus making it harder for them to claim citizenship for their children.
To
eliminate birthright citizenship, President Trump would have to lead a
successful effort to repeal or amend the 14th Amendment, or get the
Supreme Court to reverse
the 1898 case that affirmed that the 14th Amendment granted citizenship to anyone born in the US (as long as their parents weren't "foreign
diplomats ... hostile occupying forces or on foreign public ships").
This
would be difficult enough. But ending birthright citizenship wouldn't
change the status of the millions of children in the US who are citizens
and who have at least
one parent who is unauthorized immigrant.
Does Trump hope the kids will leave on their own? Because that's wrong, as well.
If
President Trump isn't going to deport these millions of kids or strip
them of citizenship, maybe he just hopes that if he deports unauthorized
immigrant parents, their
US citizen children will leave with them. But there is a lot of
evidence to indicate that, no, they wouldn't.
PARENTS WHO ARE DEPORTED OFTEN TRY TO FIND A WAY FOR THEIR KIDS TO STAY IN THE US UNDER OTHER CARE
Parents
who are deported, or are at risk of being deported, often work hard to
find a way for their kids to stay in the US under other care. In 2011,
when an Alabama law
cracking down on unauthorized immigrants went into effect, many
terrified parents drew up "power of attorney" letters stating that if
they were detained or deported, a trusted friend or relative would
become the legal guardian of their children.
When
parents haven't made plans in advance, their children can simply end up
in foster care here in the US. A 2011 study found that 5,100 children
were in foster care
who'd had a parent detained or deported. The study estimated that if
deportations continued for five more years at their 2011 pace, 15,000
children would end up in foster care after parental detention or
deportation.
In
2011, the pace of deportation was roughly 400,000 a year. It's
reasonable to assume that if deportations were closer to 11 million,
we'd be talking about a lot more
children in foster care.
Insisting that these things are easy just makes it clear how hard they really are
Any
way you slice it, this is inhumane. But it raises important questions
about just how far Trump, and people who support him, would be willing
to go to "deal with" unauthorized
immigration.
HOW HARD SHOULD THE US WORK TO FORCE OUT UNAUTHORIZED IMMIGRANTS? AND AT WHAT COST?
Does
Trump feel that millions of children should be stripped of their
American citizenship? Does he feel that communities should be
responsible for taking care of US citizen
children who are left behind after their parents are detained or
deported? Or does he feel that even though children of unauthorized
immigrants are Americans by birth, and are being educated in American
schools, they are at heart so un-American that it's okay
to expel them en masse to places they've never known?
These
are hard questions. Many Republican politicians, and millions of
Americans, believe that there is no morally acceptable way to give
unauthorized immigrants legal
status in the US.
But
there's a lot of room for disagreement among these groups about how
hard the US should work to force out unauthorized immigrants. Is mass
deportation the only effective
solution, or should America try something closer to "attrition through
enforcement" (otherwise known as "self-deportation")? At what point does
the effort and cost required to track down 11 million people become
more trouble than it's worth? Should children
born in the US to unauthorized immigrants be treated as Americans, or
as "anchor babies," and what are the implications of that?
Donald
Trump does not acknowledge that these are hard questions. When asked
about them, as he was on Meet the Press, he typically dodges, asserting
that other politicians
are incompetent managers and that he is uniquely equipped to make this
work. But the good news is that these questions are getting asked to
begin with. And the more ridiculously Trump asserts that they're easy,
the more clearly he throws into relief just how
hard they are.
For more information, go to: www.beverlyhillsimmigrationlaw.com
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