Let them eat scorpions: The legal and moral problems with gamifying citizenship

A reality TV show idea has reportedly been pitched to the Department of Homeland Security, or DHS, which would feature immigrants competing for citizenship. Under current immigration law, could such a show work? Morally, should it be allowed to work?

The producer of "The Millionaire Matchmaker" and "Duck Dynasty" has reportedly pitched the show idea to DHS. The program would be hosted by DHS and would feature immigrants engaging in a series of challenges with the grand prize being U.S. citizenship. A DHS spokesperson confirmed receipt of the show idea, stating, "We need to revive patriotism and civic duty in this country, and we're happy to review out-of-the-box pitches. This pitch has not received approval or rejection by staff." "Is [DHS] Considering a Reality Show Where Immigrants Compete for U.S. Citizenship?" Time, May 17, 2025. (However, when asked during a congressional budget hearing, DHS Secretary Kristi Noem denied having knowledge of the reality show idea until asked about it by a reporter. "Kristi Noem fumbles habeas corpus, denies DHS will host citizenship TV show," ABC News, May 20, 2025.)

The show idea seems plausible under the administration of President Donald J. Trump, a showbiz personality who himself hosted a reality TV show featuring competing participants: "The Apprentice" and "The Celebrity Apprentice." Based on Trump's past and present demonization of immigrants, he would presumably have no qualms about exploiting some for entertainment.

Under current immigration law, can the government grant automatic U.S. citizenship? The short answer is yes, but only by an act of Congress, and in limited circumstances. Congress can and has granted automatic citizenship en masse when a U.S. territory is admitted as a state, or when a foreign territory is annexed into the U.S. Boyd v. Nebraska ex Rel. Thayer, 143 US 135, 169, 176 (1892). Congress can also grant automatic honorary U.S. citizenship through its own authority, or by an act extending that authority to the president. By this authority Winston Churchill and Mother Teresa were granted honorary U.S. citizenship in 1963 and 1996, respectively. 77 Stat. 5 (1963); H.J. Res. 191 (1996). However, honorary citizenship is purely symbolic and does not confer any of the rights and privileges granted to actual citizens. 8 FAM 306.

For an individual immigrant to be granted actual citizenship, certain legal requirements must be met. First, a non-citizen must have been a lawful permanent resident, or green card holder, for at least five years, or three years if he is the spouse of a U.S. citizen. 8 USC §§ 1427(a) & 1430(a). Additionally, the non-citizen must not be deportable and must be deemed to be a person of good moral character deserving of citizenship. 8 USC §§ 1227 & 1427(a), (d) & (e). Thus, for the show idea to work where the grand prize is U.S. citizenship, the contestants would have to be green card holders who satisfy the above requirements. This begs the question: what happens to the losers? Unless they are deportable, the losers cannot be deported. Also, if they are not deportable and are found to have the requisite good moral character, the losers can still obtain citizenship. Immigration laws and regulations delineate bars to a finding of good moral character, and losing on a reality TV show is not one of them. 8 USC § 1101(f); 8 CFR § 316.10. Therefore, if a contestant on the proposed DHS reality show loses, but she is otherwise eligible, she can still become a citizen. Consequently, it is unlikely that the show as currently pitched would work.

It is feasible that an act of Congress could modify the requirements for naturalization to accommodate the pitched reality show. Such an act is not beyond the realm of possibility under a Republican-controlled Congress that seems eager to appease President Trump.

A similar reality TV show concept aired in 2004, the Spanish-language "Gana La Verde," or "Win the Green," as in the green card, where contestants engaged in degrading challenges similar to those featured on "Fear Factor." Advertising for "Gana La Verde" suggested that the grand prize would be a green card. However, the winner actually received one year's worth of legal assistance for their immigration case. Needless to say, the show was controversial for exploiting the immigrant contestants, and because the typical immigration case takes more than a year due to the complexity of the applicable law and procedures. Despite the controversy, "Gana La Verde" had high ratings. "What's Wrong With 'Win the Green'?" CBS News, August 26, 2004; "Gana La Verde - Cris Franco," YouTube, March 13, 2013.

In 2014 TLC launched another immigration-based reality TV show, "90 Day Fiancé," which is still on air and has spawned multiple spin-offs. "90 Day Fiancé" does not feature competing participants, but, rather, follows couples in their daily lives as they navigate the fiancé(e), or K-1, visa process. "90 Day Fiancé," TLC. The K-1 process allows fiances of U.S. citizens to obtain a temporary visa to enter the U.S. The couple then has 90 days to get married. Once that occurs, the non-citizen can apply for a green card as the spouse of a U.S. citizen. 22 CFR § 41.81; 8 USC §§ 1151(b)(2)(A)(i) & 1255(a). A glaring difference between "Gana La Verde" and "90 Day Fiancé" and the currently pitched citizenship show is that the latter would be hosted by DHS, a federal agency.

As immigration law practitioners, we welcome new pathways for non-citizens to obtain legal status. However, a reality TV show, hosted by a federal government agency, where non-citizens are exploited for entertainment, would be undignified for all involved, and would be a new and shameful low in our treatment of immigrants. It would also diminish the sanctity of U.S. citizenship, the proposed grand prize. May the better angels of our nature prevail, and may the show idea die a death, lest we take one step closer to becoming the dumbed-down and entertainment-obsessed society featured in the 2006 satirical comedy "Idiocracy."