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Why don’t they naturalize? Voices from the Dominican community

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Abstract

The United States has internationally low rates of naturalization of foreign-born residents, and Latinos are traditionally even lower naturalizers. Low naturalization leaves non-citizens vulnerable to political underrepresentation, restrictions on travel and employment, discrimination, and removal. Interviews with 34 Dominican-born residents of New York and New Jersey seek to illuminate reasons for not naturalizing. Important reasons include the expense and unfriendliness of the procedure and past bad experience with the immigration agencies. Respondents also, to a surprising degree, regarded even dual nationality as an assault on their Dominican identity.

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Notes

  1. http://www.census.gov/population/cen2000/stp-159/foreignborn.pdf.

  2. http://www.uscis.gov.

  3. Since Yang’s study, the relationship between years of education and naturalization has probably disintegrated completely. A Massey and Akresh (2006) survey showed no relationship between income or education, and announced intention to settle permanently in the United States.

  4. All our respondents have been given fictitious names to protect their privacy.

  5. Documentation of these legal generalizations may be found in the Appendix.

  6. Only one of the subjects in our interviews expressed fear of removal as a reason for his failure to naturalize. None expressed fear that future criminal convictions might make them removable, or expressed concern about inadmissibility. We are unaware of specific studies on immigrants’ ability to estimate the chance that they will be deported; we rely generally on social psychological literature on risk estimation.

  7. Other studies have found voting to be more salient. The National Latino Immigrants Survey in 1989 found desire to vote to be the most commonly given reason for the decision to naturalize, and political participation is generally associated with naturalization (Pantoja and Gershon, 2006).

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Acknowledgements

The authors acknowledge helpful comments from Sofya Aptekar, Irene Bloemraad, Kaye Deaux, Nancy Foner, Jose Itzigsohn, Michael Jones-Correa and Marco Medellin; participants in the Immigration Law Teachers Workshop, May 2010 (especially Linda Bosniak, Mathilde Cohen, Jayesh Rathod, Peter Spiro, and Rick Su); participants in the Immigration Policy Seminar, Rutgers University School of Law, Spring 2009; and an anonymous reviewer. Ryan Womack of the Rutgers libraries helped us with census data. None is responsible for our errors. Thanks also to Stephen Lee, who asks good questions.

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1Distinguished Professor and Sidney Reitman Scholar, Rutgers University School of Law, Newark. Readers picking up an article written by an academic and two of his students might naturally assume that the ideas were the professor’s, and the students were research assistants. Nothing could be further from the truth here. When the senior author introduced the topic of low US naturalization rates in a seminar on immigration policy, his intention was to stress the unfriendliness of US procedures. The junior authors, students in the seminar, pushed this study into the realm of identity, and psychological and emotional reasons for not naturalizing.

2This article reflects research undertaken when Mr Mateo was a law student and in no way represents any official policy of the State of New Jersey.

Appendix

Appendix

Legal advantages to US citizenship status

This appendix documents the legal generalizations mentioned in note 7. As compared with lawful permanent residents, US citizens have at least the following five legal privileges:

They may sponsor more relatives for immigration. Non-citizens who are permanent resident aliens may sponsor only spouses or children admitted with them, INA Sec.203(d), 8 USC Sec 1153(d), and after-acquired spouses and unmarried sons or daughters, 203(a)(2), 8 USC Sec 1153(a)(2), and only as permitted by global and country quotas. They have no access to the favored “immediate relative” category, which permits admission without regard to quotas, 201(b)(2)(A)(i), 8 USC Sec 1151(b)(2)(A)(i), and have no ability at all to sponsor parents or siblings. Several of our respondents were well aware of this, mentioning getting a visa for their mothers as a reason to naturalize.

They have access to a greater range of public employment and benefits. The federal civil service is limited to US citizens and nationals, Exec. Order No 11935. States may bar non-citizens from teaching, Ambach v. Norwick, 441 US 68 (1979), or law enforcement, Cabell v. Chavez-Salido, 454 US 432 (1982), though the states where most Dominicans live have not done so. Lawful permanent residents who do not naturalize within 7 years are cut off from federal supplemental Social Security and state payments to the aged, blind and disabled, Khrapunskiy v. Doar, 909 N.E.2d 70 (NY 2009).

They have greater access to private employment, because, in general, employers are often permitted to discriminate in favor of US citizens. Most public and private employers are prohibited from discriminating in favor of citizens against lawful permanent residents, but this protection extends only to lawful permanent residents who apply for naturalization within 6 months of the date when they first become eligible to do so. INA Sec. 274B(a), 8 USC Sec. 1324b(a). Most of our respondents – like most Dominicans in the United States, permanent residents who have not naturalized – are thus not protected and may lose job opportunities to citizens. Several respondents believed that such lawful discrimination occurs – several mentioned jobs to which unions control access – but we have been unable to locate reliable data.

They may come and go as they please. A lawful permanent resident who has been absent from the United States for over 180 days is treated on return as if he or she were seeking “admission” to the United States, subject to any of the many bars on admissibility. INA Sec 101(a)(13)(C)(ii), 8 USC Sec 1101(a)(13)(C)(ii).

They may not be deported. See generally Kanstroom (2007). Over 400,000 non-citizens were deported from the United States in 2012, a record high (www.ice.gov/removal-statistics/). In a typical year, over a million additional non-citizens are permitted to depart “voluntarily” in lieu of formal removal. As recently as 1986, there were only 2000 deportations annually. Over 3000 Dominican residents of the New York City area are involuntarily deported annually (Brotherton, 2008, 161).

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Hyde, A., Mateo, R. & Cusato-Rosa, B. Why don’t they naturalize? Voices from the Dominican community. Lat Stud 11, 313–340 (2013). https://doi.org/10.1057/lst.2013.15

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