Bill King says ongoing Republican resistance to immigration
reform goes against the classic American dream of striving for a better life.
After my column last week outlining the likely
detrimental political effects of the Republicans' intransigence on immigration
reform, a number of my Republican friends took me to task. They charged that I
was being overly cynical about their motivation and understating the subversive
effect granting citizenship to those who came here illegally would have on the
rule of law.
I concede that the argument that granting a
pathway to citizenship for those who came here without visas undermines the
rule of law is a rational and reasonable position, even though I disagree with
it. However, laying aside the political implications for the moment, I think
there are several other flaws with the argument.
First, it assumes that everyone here illegally
(i.e., without a current visa) has broken the law. That is not the case.
Illegal immigrants fall generally into three categories. The largest (about 40
percent) includes those who came here with a valid visa but did not renew it or
did not leave the country when their visa expired. While this group is subject
to deportation, overstaying your visa is not a crime. Many in the group
actually qualify for a visa extension but merely have not done the paperwork,
much like someone failing to renew a driver's license. Would anyone favor
permanently taking away someone's driver's license if they don't renew it on
time? Of course not.
The next-largest group (a little fewer than 40
percent) includes those who crossed the border surreptitiously without a visa.
These individuals did violate a federal criminal statute, albeit a misdemeanor,
punishable by up to a $2,000 fine and six months in jail. But our legal system
routinely grants various forms of leniency for such minor crimes, including
deferred adjudication and probation. Why should this group be any different?
How is granting leniency for this particular crime so much more corrosive of
the rule of law than any other crime?
The last group is made up of those brought here
as children (a little more than 20 percent). Because these individuals crossed
the U.S. border as minors, they are not legally culpable for entering the
country without a visa. Should we have a system that holds these young people
responsible for the crimes of their parents? Are we going to
"sentence" these young people to live their entire lives without
citizenship in the country they consider their home? Again, no.
In the end, the GOP argument has several holes
of logic. It is not true that all of those here illegally have violated the
law, and only a minority has violated a criminal statute. Even then, it is a
relatively minor infraction, the sort of crime for which judges usually grant
leniency. Therefore, granting something akin to probation for those who did
enter the country illegally hardly is inconsistent with or would likely subvert
our respect for the rule of law. But laying aside for a moment the various
policy arguments and the political implications, what troubles me the most is
that it is antithetical to the American experience to deprive those who came
here illegally from any hope of ever becoming citizens.
Our legal system has always incorporated the
concept of mercy. It is a concept taught by every great faith tradition and, of
course, is a core teaching of Christianity. "Blessed are the merciful, for
they shall receive mercy." (Matthew 5:7.)
In the aftermath of the Civil War, Abraham
Lincoln said, "I have always found that mercy bears richer fruits than
strict justice." His comment was directed toward those who had committed
treason.
My personal experience with those who are here
illegally is that the vast majority have come here from some hellhole in some
Third World country hoping for a better life for themselves and their children.
Most were not able to come here legally because of our dysfunctional legal
immigration system. They are mostly hard-working, law-abiding, dedicated family
folks. Most are devout Christians.
If this is not a case where we should show some
mercy and bend the rules slightly, then there are none.
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