An applicant for U.S. citizenship or a green card can be disqualified for failure to exhibit good moral character. 14 acts can disqualify an applicant on these grounds, including smuggling, lying under oath, and failure to support dependents.
A new bill in Congress would remove the “habitual drunkard” reason from the disqualifying factors for the good moral character determination on the U.S. citizenship or green card application.
What supporters say
Supporters argue that both the habitual drunkard and low-level marijuana reasons for disqualification are products of their 1952 origins, rather than legitimate reasons in 2021 to continue turning away otherwise-worthy immigrant applicants.
“It is extremely troubling to see federal applications like this that continue to use a harsh and antiquated term such as ‘habitual drunkard,’” Rep. Boyle said in a press release. “These questions are wholly unrelated to citizenship, and only serve to reinforce societal stigmas connected to alcohol and substance abuse.”
What opponents say
Opponents counter that banning “habitual drunkards” from citizenship furthers an important government goal.
“Congress reasonably could have concluded that, because persons who regularly drink alcoholic beverages to excess pose increased risks to themselves and to others, cancellation of removal was unwarranted,” the Ninth Circuit Court of Appeals ruled in the 2017 case Ledezma-Cosino v. Sessions. “We see nothing irrational about that legislative choice, which furthers the legitimate governmental interest in public safety.”
“Untold masses were turned away at Ellis Island — or prevented from boarding ships for America — for medical reasons, my grandfather among them,” former Ninth Circuit Court of Appeals Judge Alex Kozinski wrote in his concurrence to the court’s decision.“This was a misfortune for those turned away, but excluding aliens for reasons Congress believes sufficient to serve the public welfare is a nigh-unquestioned power of a sovereign nation. I’m aware of no country that fails to adhere to this precept.”
But how will Mike Levin vote?
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