Know Your Rights/Conozca Sus Derechos

If you really want to stir up the pot, bring up the topic of illegal immigrants who break the law (like drunk driving, theft, dealing drugs, etc.). Man, do folks get pissed about that. It's an open invitation to talk about how bad things are with the immigration issue. I guess my problem with that is, they make it sound as though we'd be living in Mayberry if illegal immigrants weren't living here and committing crimes.

We all want criminals off the streets. And I'm all for deporting felons. But the truth and the beauty of this country is, if you live in the United States, you have rights. It's not my intention to defend criminals, save for their right to due process. What is important to me is that residents in the community are treated fairly and know their rights. We all know that poem, First They Came..., let's make sure that's not the road we're headed down when we speak of groups of people.

This PDF file is where I got the name of this week's post. It's an interesting read, and "... is intended to provide an overview of the rights an immigrant (whether here legally or not) or even a citizen may exercise if confronted by an immigration official."

"Some of these rights are guaranteed by the Constitution, and others have been developed through case law and statutes. Each state may have differing laws regarding some of these rights, and this packet should be adapted accordingly. A significant variation worthy of noting is the right to remain silent; although constitutionally guaranteed by the 5th Amendment, some states have adopted statutes requiring anyone stopped by state and federal officials to provide his or her name."

I got that (above) off of this site: www.ilrc.org
"The ILRC is a national resource center that provides trainings, materials and advocacy to advance immigrant rights."

Gaining U.S. Citizenship

I had hoped to make my next post about why folks come to the United States, legally or otherwise - what drives that desire? What's wrong with Cuba, Mexico, and other countries Latino immigrants flee from? Why don't they want to stay there? But so far the topic seems too broad, and I can't get a nice concise post out of it. I might have to ask folks to write in about why they are here, I'm not sure. I know there are economic and political reasons - I just don't know enough to write on it. Yet.

But I do have a little bit about what it takes to gain citizenship, and why it's not as easy as getting your driver's license. You always hear people on the other side of the debate saying things like, "Come here legally, like everyone else does." They make it sound like if illegal immigrants would just go sign a form, take a quiz, get a photo id, they'd be good to go. That's not how it works.

I found a nice article here, on FindLaw.com. They say, "If an individual does not gain U.S. citizenship through either birth or descent, he or she may achieve citizenship through naturalization. Naturalization involves the acquisition of citizen status through specialized legal processes. To become a naturalized citizen of the United States, a foreign national first must meet several legal standards."

Basically, you have to:

• Enter legally
• Stay five years (at least 50% of the time during that five years you need to be in the States)
• Be at least 18 (unless your parents bring you)
• Speak, read, and understand English (with some exceptions)
• Pass a test on U.S. history, politics, and government
• Have/show good moral character (perjury, gambling... not good if you're trying to be naturalized)
• Believe in the political system of this country
• Denounce your country, and be willing to fight for this one

There is more on immigration law here: http://immigration.findlaw.com/immigration/immigration-overview/

So... not impossible, but as many people note, not something even some of us born here could do easily or on the first try (as far as the exam goes). Does that mean no one should try? No. Should the laws be changed to make it easier? I don't know. What about amnesty? That's another post. For now, all I've got are the facts. Conclusions will have to come later.

*Photo courtesy of Nate C. on Flickr