Without updating the laws, we will continue to facilitate and encourage the invasion that could destroy the USA as a nation
Dear President TRUMP and Patriots,
Please accept my cordial greetings, and allow me to introduce myself. I am an American citizen, born in Brazil, who abides by the law. I am fully aware of my responsibility to contribute to the interests of the country to which I have sworn loyalty, with deep admiration and gratitude, for it is perhaps the most generous nation in welcoming legal immigrants who meet the country’s needs.
I write to you with the intention of contributing to this country and to your mandate, by sharing my point of view as an immigrant, pondering on some fundamental concepts that may not draw the attention of the majority of citizens born here. If considered, these ideas could promote the convergence of supra-partisan support in future discussions on the urgent reform of immigration laws, in order to reach a fair, humanitarian and appropriate solution to harmoniously handle the complex issue of immigration, without trampling on the laws that regulate the democratic state.
I believe that maintaining the current legislation and postponing such an urgent discussion will continue to encourage some sectors to facilitate illegal immigration under humanitarian excuses, ignoring the postulate that a nation that does not protect its borders is under the risk of deteriorating and ceasing to exist in the future.
Laws need to be adapted to the dynamics of society and to the new times, otherwise they become ineffective, a mere abstraction, creating a gap in authority and power. Nothing in the universe is static, everything is constantly changing, as we know.
We know that since the adoption of the U.S. Constitution, in 1788, and the convening of the First U.S. Congress, in 1789, reality has changed, making the adaptation of laws an unquestionable imperative, in order to avoid damage, some of which may prove irreparable.
The issue of citizenship and other challenges regarding the complex issue of immigration need to be tackled with democratic debate, free from political, partisan or ideological contamination, as these issues are of paramount importance to national sovereignty itself, which is under threat today.
Listening to the voice of the streets and trying to be sensitive to the wishes of the majority of the national population, while understanding the scope of what needs to be revised, is an imperative. It’s a legitimate demand that deserves the consideration of legislators.
“MATERNITY TOURISM”
The so-called “maternity tourism” has become a common practice among well-off families in Latin American countries: wealthy women come to the US on tourist visas only to give birth, entitling their child to US citizenship. They later return to their countries, ensuring that these newborn citizens, who are not going to live here, have the right to enter the US whenever they wish, and have a pension guaranteed by the Social Security agency. The defective legislation that automatically grants American citizenship to children of foreigners who have never resided in the United States is unfair to tax payers, who are burdened with the heavy costs of this “legal loophole.” Common sense and the initiative of those who have a patriotic and moral responsibility to revise the legislation in force must correct this distortion, which has facilitated and encouraged large-scale immigration, guaranteeing automatic citizenship to the children of immigrants who arrive here illegally, guaranteeing them permanent residence, as well as citizenship, once the children born here reach the age of 21.
The “Citizenship Act” of 1802 needs to be urgently revised by the Congress, examining the possibility of revoking citizenship granted to children of people who remain undocumented, as well as to children of foreign citizens who never resided in the US and may return someday only to profit, with no merit nor any loyalty to the nation.
THE SWISS MODEL FOR CITIZENSHIP OF THOSE BORN ON ITS TERRITORY
Some countries have already updated their legislation on granting citizenship to children born in their territory. For example, babies born to foreign parents in Switzerland do not automatically acquire Swiss citizenship. However, they can become Swiss citizens if they meet certain conditions. The law also provides for the loss of citizenship if a child or citizen has not resided in the country for at least five years. The adoption of this criterion in the United States could allow for the cancellation of citizenship acquired in an opportunistic and unethical way, taking advantage of the flaws of the current legislation in order to obtain the privileges of American citizenship.
STATUS COMPATIBLE WITH THE PARENTS’ SITUATION
In an ideal model, children born to foreigners in the US would be guaranteed the same immigration status as their parents. If the parents are US citizens, their children would have the right to automatic citizenship; if the parents are permanent residents, so would be their children. Children of parents who are undocumented would have to be registered with the consulates of the parents’ country of origin, and would also be undocumented in the United States.
PRINCIPLE OF RECIPROCITY
Brazil has reintroduced visa requirements for American tourists. This requirement had been suspended in 2019 and was brought back without any justifiable reason. In addition to damaging the convergence of tourism to the country, causing considerable losses to this sector of the economy, it penalizes American tourists with unreasonable and unnecessary requirements, since there is no evidence that American citizens travel to Brazil with the intention of circumventing the laws and staying illegally. The Brazilian government made this decision partially on the grounds of reciprocity. However, when analyzing the issue, they did not take into account that almost two million Brazilian citizens are in an irregular situation in the United States, enjoying the possible advantages, abusing the system and its hospitality, and overloading the healthcare and public safety systems, while taking jobs that should be done by legal immigrants. Obviously, the United States would be entitled to claim reciprocity and send its citizens to Brazil, under the same conditions of illegality and numerical proportion. This warning has already been given by President Trump, Governor DiSantis and other prominent Republican and Democratic leaders. Each country adopts the laws it sees fit, without considering the problems that its citizens, fleeing corruption and chronic poverty, cause in other countries. I believe that the debate on an appropriate and fair immigration reform will have positive long-term results if the points raised here are also included in the unavoidable and legitimate debate on the immigration issue.
I am confident that this suggestion will be evaluated in due course and I take this opportunity to reaffirm my gratitude and pride in being an American citizen.
Respectfully,
Samuel Sales Saraiva
