Citizens play a crucial role in advocating for transparency and holding public institutions accountable. One doesn't need to be a citizen to have the function of one in the U.S. Somewhat paradoxically, non-citizen immigrants do function as citizens in the U.S., in the sense that they contribute to the betterment of the public.
The qualifications for U.S. citizenship are outlined in the 14th Amendment of the Constitution.
Broadly speaking, citizenship has three aspects which form the function of a citizen. The first aspect of citizenship is a relationship to the nation of which one is a citizen. The specifics of the relationship are dependent on the nation, as the nation sets the legal qualifications.
Consider the average immigrant living in the U.S. before obtaining citizenship. They lack the requirements but have a similar relationship as natural-born citizens to the U.S. because they have an interest in the long-term well-being of the country, assuming they are in the process of obtaining citizenship.
The Constitution expressly states many rights for citizens, including the right to free speech, voting, a trial by jury and others. These rights are the second aspect of citizenship. Interestingly, non-citizens are also bound and protected by the Constitution when they are here.
Naturalization is the process that non-citizens must undergo to obtain citizenship. Whether a non-citizen is in the process of naturalization or not, non-citizens have all the rights citizens have, except for the rights explicitly stated as being for citizens, like the right to vote. However, the rights outlined in the Constitution are often protected to a lesser degree for non-citizens. This can be illustrated in processes like expedited removal, which is a legal method of deporting undocumented people without a hearing before an immigration judge. No hearing is held before deportation, the right to due process found in the 5th Amendment is not practiced in scenarios that employ expedited removal.
Responsibility is the third aspect of citizenship. The responsibilities are more difficult to define than the previous aspects, but they are the most foundational to the function of a citizen. The responsibilities of a citizen, such as paying taxes and following the law, contribute to the betterment of a society as long as the laws are just. The relationship and rights of a citizen enable those responsibilities and provide personal security.
One Percent for America, a nonprofit dedicated to lifting financial barriers for immigrants seeking citizenship, lists a number of basic responsibilities for citizens including voting, paying taxes and following the law. These listed responsibilities should not be assumed to be the only expectations of a citizen, but they are some of the most fundamental.
Non-citizen immigrants practice these same primary responsibilities, except voting. Undocumented immigrants paid $96.7 billion in taxes in 2022 and pay a higher state and local tax rate than the top 1% in 40 states in the U.S. A large portion of these tax dollars goes to social safety net programs, which have no direct benefit for undocumented immigrants. In 1960, it was found immigrants are also 60% less likely to be incarcerated than U.S.-born citizens, demonstrating a reverence for U.S. laws.
Considering that non-citizen immigrants hold primary responsibilities, hold many rights and do have a relationship to the U.S. – even if not what is legally required for citizenship – they function as citizens, meaning they contribute to the overall betterment of American society. Unfortunately, they reap fewer of the rewards compared to citizens for their investment in the collective good.
T.J. Kaufman is a freshman studying philosophy at Ohio University. Please note the opinions expressed in this column do not represent those of The Post. Want to talk to T.J. about their column? Email them at Tk447624@ohio.edu.
