Justices, Blocking Citizenship Question on Census, Call Trump's Push 'Contrived' | National Law Journal
how was the question actually raised on the proposal? could it be rephrased or better detailed to get this on there?
i hear it will misrepresent minorities and i don't understand how. if you're a citizen, who cares of what background? you did what you needed to do to be here, you get the same benefits we all do at that point. we keep throwing bodies into a crossfire of confusion and i just don't get it.
most stories are beating up trump or calling the "news" news but not really going into detail. i'll dig more as my day allows but would love to hear honest discussion on the question and why it's a "problem" to count citizens.
Remember, we are not just trying to count citizens, but everyone.
Congressional representation is based upon total numbers, not just citizens.
What is the benefit of the citizenship question?
So you want non citizens to determine the direction of states and our country. Of course you do.
How are they determining the direction of states and our country?
Also, the Constitution says that everyone that pays taxes is counted towards apportionment of Representative.
If you do not like this, then we have a system in place to change the Constitution.
Do you know how many non citizens don’t pay taxes? Do you know how many do not pay into social security and Medicare?
The following classes of nonimmigrants and nonresident aliens are exempt from U.S. Social Security and Medicare taxes:
- A-visas. Employees of foreign governments, their families, and their servants are exempt on salaries paid to them in their official capacities as foreign government employees.
- D-visas. Crew members of a ship or aircraft may be exempt if the vessel is a foreign vessel and the employer is a foreign employer, or if the services are performed outside of the United States.
- Crew members of an American vessel or aircraft who perform services within the United States are subject to Social Security and Medicare taxes.
- Crew members of an American vessel or aircraft who perform services outside the United States are subject to Social Security and Medicare taxes if:
- the employee signed on the vessel or aircraft in the United States; or
- the employee signed on the vessel or aircraft outside the United States but the vessel or aircraft touches a U.S. port while he is employed thereon.
- F-visas, J-visas, M-visas, Q-visas. Nonresident alien students, scholars, professors, teachers, trainees, researchers, and other aliens temporarily present in the United States in F-1,J-1,M-1, or Q-1/Q-2 nonimmigrant status are exempt from Social Security / Medicare Taxes on wages paid to them for services performed within the United States as long as such services are allowed by the United States Citizenship and Immigration Services (USCIS) for these nonimmigrant statuses, and such services are performed to carry out the purposes for which they were admitted into the United States.
- Exempt Employment includes:
- On-campus student employment up to 20 hours a week (40 hrs during summer vacations)
- Off-campus student employment allowed by USCIS
- Practical Training student employment on or off campus
- On-campus employment as professor, teacher or researcher
- Limitations on exemption:
- The exemption does not apply to spouses and children in F-2, J-2, M-2, or Q-3 nonimmigrant status.
- The exemption does not apply to employment not allowed by USCIS or to employment not closely connected to the purpose for which they were admitted into the United States.
- The exemption does not apply to nonimmigrants in F-1, J-1, M-1, or Q-1/Q-2 status who change nonimmigrant status to a status which is not exempt or to a special protected status.
- The exemption does not apply to nonimmigrants in F-1, J-1, M-1, or Q-1/Q-2 status who become resident aliens for tax purposes.
- G-visas. Employees of international organizations are exempt from Social Security/Medicare taxes on wages paid to them for services performed within the United States in their official capacity as employees of such organizations.
- The exemption does not apply to spouses and children of nonimmigrants in G status who are employed in the United States by anyone other than an international organization.
- H-visas. Certain nonimmigrants in H-2 and H-2A status are exempt from Social Security/Medicare taxes as follows:
- An H-2 nonimmigrant who is a resident of the Philippines and who performs services in Guam;
- An H-2A nonimmigrant admitted into the United States temporarily to perform agricultural labor.
The U.S. has signed
Totalization Agreements with certain countries, which may affect an alien’s liability for Social Security or Medicare taxes. The complete texts of the Totalization Agreements may be found on the
International Agreements page of the Social Security Administration's website.
Wages paid for certain types of services are exempt from Social Security/Medicare taxes. Examples of exempt services include:
- Compensation paid to a duly ordained, commissioned, or licensed minister of a church in the exercise of his ministry.
- Compensation paid to a child under the age of 18 employed by his father or mother if paid under certain conditions.
- Compensation for services performed as a student nurse if paid under certain conditions.
Aliens Employed in the U.S. Social Security Taxes | Internal Revenue Service
And many are not liable for federal taxes either-
Taxation of Nonresident Alien Income
Nonresident aliens are only required to pay income tax on any income that is earned or otherwise realized from a U.S. source. They do not have to pay tax on any foreign-earned income. For example, someone from Germany who owns a business in Germany and another in the U.S. will only be taxed on the income from the latter source. The German business will be ignored.
Investment income realized in the U.S. that is not from a U.S. source is usually taxed at the rate of 30%, unless otherwise specified by treaty. Spouses of nonresident aliens can also opt to claim them as dependents in some cases instead of filing a
joint return. Nonresident aliens must also keep careful records to show the sources of all of their income so that the
IRS can clearly see what should be taxed and what is exempt.
foreign earned income exclusionand/or the
foreign tax credit if they qualify. However, resident aliens who work for a foreign government in the U.S. may be able to claim an exemption on their wages if the U.S. has a reciprocal
tax treaty with the employing government.
green card or meet the residence test. This test requires that the alien
taxpayer reside in the U.S. for at least 31 days during the year, and must have been in the U.S. for at least 183 days of the past three years (including the current year). However, the residence test only counts a day of residence in the U.S. as a full day of residence for the purpose of this test for the current year. A day of residence only counts as one-third of a day of residence in the previous year and one-sixth of a day in the year before. Therefore, the total number of days of residence during the previous two years must be divided by either three or six before being totaled, and this final total must equal at least 183.
taxable income.
- Commute from Canada/Mexico - Those who commute from Canada or Mexico to the U.S. on a regular basis cannot count commuting days as days of residence for the purpose of the residence test.
- Tax Home - Aliens who can prove that they had a tax home in another country during the year and were not in the U.S. for 183 days during the year are usually not required to pay taxes in the U.S. even if they meet the standard residence test described above. In this case, a tax home is usually considered to be either the principal place of business or the primary residence of the person in question. Those in this category are exempt from U.S. taxation, even if they have a residence within the country. Aliens who wish to claim this exemption must file Form 8840 with the IRS. (For more, see How International Tax Rates Impact Your Investments.)
- Exempt Person – Those who must temporarily reside within the U.S. for certain reasons can claim an exemption for the days spent stateside by filing Form 8843. Those who are eligible to claim this exemption include:
-Teachers
-Trainees
-Students
-Person related to a foreign government - one with diplomatic or consular status or is an employee of an international organization (or is an immediate family member of either party).
-Professional athletes
- Medical Exception – Anyone who is involuntarily detained in the U.S. due to medical reasons can claim a medical exemption. For example, a foreign tourist who suffers a heart attack while in the U.S. and is hospitalized for three months can file Form 8843 and list the days spent here for medical reasons under this exemption.
- Tax Treaty Exception – The residence test does not override any definition of residence as specified in a tax treaty. A treaty with another country may exempt you from being classified as a resident even if an alien otherwise meets the residence test. (For related information, see Taking A Look at Tax Havens.)
Dual Tax Status
Aliens who receive their green cards during the year will have to file a dual-status return, because they are considered nonresident aliens before they got their card and resident aliens afterward. Their status changes on the day that they receive the green card. Those in this category must include a statement that breaks down all income received as a resident versus a nonresident.
Tax Rules for Resident and Nonresident Aliens
Yet you want them to be counted.