There are two huge problems with enforcing immigration law that most American Citizens do not think about. First of all, no one can look at another person and guess whether or not the person has a legal right to be in the US. It is not identifiable in this nation, a nation of immigrants. I used to live in Japan. If someone who is not Japanese is in Japan, you can guess that person is most likely not a Japanese citizen. The same cannot be said in the US. Since a enforcement officer cannot look at a person and tell whether or not the “suspect” is a US citizen, what to do? Of course, ask for proof, right?
Now the second problem: What does a US citizen give a police, FBI, immigration officer or whoever to prove he or she is a US citizen? If you are a US citizen reading this, think about it? What do you carry with you to prove your citizenship? Most people I ask say, “My driver’s license.” Where does it show nationality on the driver’s license? A person does not need to be a US citizen to obtain one, so that is not evidence. The next response I get is, “My birth certificate.” I then point out a couple problems with that – it is not photo ID, so how does an officer know it is yours; and how many people carry their birth certificates with them? I know of no one who does.
So, what to do? Carry a US passport with you wherever you go? How many Americans do not carry US passports? Many, and maybe most, since there is no law that requires US citizens to carry them, and they really are only necessary for returning to the US after international travel.
So, what to do? Everyone is sceaming for greater immigration enforcement, but no one supports the idea of a Federal ID. Next time you are visiting Arizona, if you are a US citizen and they stop you and ask for your papers, I would be interested to hear what you said or used to prove your citizenship. My guess is as long as you’re white and speak English without an accent, you would be fine. And therein lies the problem.
Ask Marco Guevara of Carbondale, Colorado who recently had to track down his US passport to prove he was a citizen when questioned by authorities. They were going to deport a US citizen – not an uncommon occurrance these days. Luckily he has his passport. If you don’t I strongly recommend you get one.
Garry L. Davis
Attorney at Law