Those are the refrains we hear over and over
again from those who oppose any immigration reform. It is a mindset that
assumes that immigration laws are static, and ought to be so.
But in a democracy, laws are not static and
unchanging. Laws are meant to be changed over time, just as our society changes
over time. This is why the United States has a Congress. Like all
legislatures, Congress' job is to examine the laws, and decide in a deliberative
fashion if new laws need to be passed, if old laws need to be adjusted, and if
laws need to be eliminated.
Calling for enforcement only, therefore, cuts
off a debate that we as a society need to have on a constant basis. What are
the purposes of our immigration laws? Are our immigration laws functioning in a way to
achieve those purposes? Are our immigration law functioning in a manner that
reflects our values? Are there unintended consequences of our immigration laws
that need to be adjusted?
All too often, opponents to immigration reform
simply presume that our laws are functioning the way they are supposed to
function. They treat immigration laws as if they were criminal law, despite the
fact that time and time again immigration practitioners are reminded that
immigration laws are civil in nature and not criminal. Defining immigration laws
as civil law gives the government the hook it needs to downplay violation of
basic constitutional rights.
But equating immigration law violations with
criminal law violations gives those who oppose immigration reform the luxury of
dehumanizing undocumented aliens. By calling them illegals, opponents can ignore
the inhumane and cruel consequences of enforcement, and claim that "those
illegals" deserve it for breaking the law in the first place.
In that way, opponents of reform can ignore how
enforcement causes the separation of families. They can ignore that some aliens
who qualify for immigration relief are forced to withstand detentions that are
longer than their original criminal sentences.
For tho who don't have someone they know stuck
in the system, enforcement only seems like an easy solution; but it's not a
compassionate solution. It's a way to ignore the problems of the current system,
and hide away in their own personal cocoon, content with the illusion of
security.
By: William J. Kovatch, Jr.
For an appointment call (703) 837-8832
(571) 551-6069 (ESP)
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