What are we willing to trade for DACA?

Dear Rebecca:

I take it as a given that — following Donald Trump’s DACA announcement — we’d both like to see Congress pass a law giving the so-called “Dreamers” a chance to stay in the U.S. legally and even create a pathway to citizenship for them.

So. What are we willing to give up?

Republicans control Congress, after all. Not all Republicans are immigration hardliners — lots, with the business community, love them all the cheap labor that immigration, legal and otherwise provides. But it remains the case that a unified GOP is probably going to want to pass a bill that lets them tell their constituents: “See! We made the country safer!” Just giving the Dreamers a legal pathway to stay isn’t going to get the job done. Giving the GOP a win might.

So I say: Give them the wall.

Don’t get me wrong. I think Trump’s wall is stupid. Probably ineffective. Mexico certainly won’t pay for it. And it goes against everything we’ve been taught about our country being a hope for people around the world who needs hope.

I also think most Republicans recognize that failing to come up with a solution on DACA will be a disaster — condemning people who are here to a lawless grey zone, at best, or requiring their deportation to “home” countries they don’t know at worst. That’s why President Trump, for all his anti-immigrant bravado, punted the issue back to Congress.

Still, I don’t trust the GOP simply to do the right thing. Do you?

So. A compromise of sorts will be probably needed. One that lets them look tough on immigration. Maybe it’s increased funding for ICE, or reduced numbers of legal immigrants. Of all the options on the table, building a wall seems like it might be the least bad.

There’s going to be a temptation among Democrats to hold out. And certainly, nothing should be conceded before both sides get to the negotiating table. There’s also no reason to give away the store. But if we truly believe that anything but legal status for the Dreamers amounts to a disaster — and I do — then we probably have to be willing to compromise, to not let perfect be the enemy of accomplishing something good. That means we’ll have to give up something we’d rather not give up. In politics, this is how it often works.

So. What are we willing to give up? There are real lives depending on the answer.

Sincerely, Joel
 

 

Our Authoritarian America: A Dreamer is Deported

Rebecca:

My heart is heavy tonight. I am angry and I am sad and I am trying to address the ensuing issue in a civil way. But I’m finding it difficult.

Let USA Today explain:

Federal agents ignored President Trump’s pledge to protect from deportation undocumented immigrants brought to the United States as children by sending a young man back to his native Mexico, the first such documented case, a USA TODAY examination of the new administration’s immigration policies shows.

After spending an evening with his girlfriend in Calexico, Calif., on Feb. 17, Juan Manuel Montes, 23, who has lived in the U.S. since age 9, grabbed a bite and was waiting for a ride when a U.S. Customs and Border Protection officer approached and started asking questions.

Montes was twice granted deportation protections under the Deferred Action for Childhood Arrivals (DACA) program created by President Barack Obama and left intact by President Trump.

Montes had left his wallet in a friend’s car, so he couldn’t produce his ID or proof of his DACA status and was told by agents he couldn’t retrieve them. Within three hours, he was back in Mexico, becoming the first undocumented immigrant with active DACA status deported by the Trump administration’s stepped-up deportation policy.

Let’s be clear about a couple of things: This event proves that the Trump Administration is both racist and authoritarian.

Why racist?

First, we don’t know why the Border Protection officer approached Montes in the first place, but on the face of it — and this could change with more information being made public — it appears that he was simply brown at the wrong place at the wrong time. If you’re a Latino citizen of America and you live in Calexico, your citizenship probably won’t prevent you from being approached, with suspicion, by federal agents. It is a layer of oppression only brown people will have to experience.

Second: Advocates of the “deport ’em all” stripe maintain, often, that race isn’t the reason they favor restrictive immigration, but culture. This was expressed most forthrightly in the now-infamous “The Flight 93 Election” essay by Michael Anton, now a Trump Administration official. He wrote:

“The ceaseless importation of Third World foreigners with no tradition of, taste for, or experience in liberty means that the electorate grows more left, more Democratic, less Republican, less republican, and less traditionally American with every cycle.”

The “ceaseless importation” is a disturbing phrase in and of itself, reducing immigrants to subhuman widgets meant to be packed into a cargo hold for use later by Walmart shoppers. And let’s just forget that Anton believes “more Democratic” is equivalent with “less American.” (Note to Anton: (Bleep) you.)  But fine: The idea is that a free nation can only be preserved by people who have learned, love, and will work to preserve liberty.

So why deport Dreamers then? Yes, they came to the United States against our rules, but they did so when young and malleable — they’ve been immersed in our culture, in our schools, and consider themselves, for all intents and purposes, American.  If there’s a group of immigrants who can be considered to have a “tradition of, taste for, or experience in liberty,” it’s the Dreamers.

Deporting them doesn’t get rid of people who share American values. It does reduce the number of brown people in America. Draw your own conclusions.

As for “authoritarian”: We now live in a country where, if you left your ID in the car, you can be swept off on the street — and deposited in another country three hours later. I’ve been around bureaucracies; you can barely get a driver’s license in three hours. The feds were able to establish Montes’ citizenship in that time? Or was his failure to prove himself immediately the fault line?

Note to Latino citizens of America: Keep ALL your papers and IDs handy at all times.

What this tells me: Manuel Montes probably has more of a “taste for liberty” than all the self-styled patriots who find his deportation a reason to cheer. “Liberty for me, but not for thee” isn’t liberty at all — it’s a caste system. It’s ugly and — I would’ve thought until now — un-American.

I guess I was wrong. A great evil is being done in our names.

Repenting.

— Joel

‘Illegal Immigration’ is About to Be More Illegal

Rebecca:

You recently noted that the term “illegal immigration” can be something of a misnomer:

But, actually, simply being here without proper documentation is a violation of the law punishable by civil, not criminal, penalties. Improper entry—coming into the US when you don’t have the proper authority to do so (swimming the Rio Grande, scaling the stupid wall we already have)—is a criminal offense punishable by up to 6 months in a jail and a small fine. To be found guilty of improper entry, the state has to show evidence beyond a shadow of a reasonable doubt that you entered improperly—just like with other crimes. Unlawful presence is also a violation of federal law—but it’s a civil offense, not a criminal one. When Americans travel abroad and overstay their visas, we often address this with a bribe.* When visitors to the US are not presently here lawfully, we can deport them—but that doesn’t make them criminals.

About that…

This morning, Attorney General Jeff Sessions visited the US-Mexico border in Nogales, Arizona to announce a new get-tough approach to immigration enforcement, directing federal prosecutors to pursue harsher charges against undocumented immigrants. “For those that continue to seek improper and illegal entry into this country,” Sessions said, “be forewarned: This is a new era. This is the Trump era.”

In his remarks, Sessions said nonviolent immigrants who enter the country illegally for a second time will no longer be charged with a misdemeanor but a felony. He also recommended that prosecutors charge “criminal aliens” with document fraud and aggravated identity theft, which carries a two-year minimum sentence. In January, President Donald Trump expanded the definition of which immigrants can be considered “criminal” to include anyone who has committed “a chargeable criminal offense,” which could include sneaking across the border.

I’ve mentioned before that immigration law falls into a weird area where crime is concerned — somebody stabbing another person is something we can all identify as a trespass, but breaking immigration law means you’ve violated standards that a quorum of legislators decided upon one time, and from which there might’ve been some serious dissent. It’s a crime in the same sense that barbering without a license might understood to be a crime: Maybe it’s not, really.

This is even weirder. Jeff Sessions has decided, apparently on his own — certainly without the input of Congress — that entering the United States is not just a crime but a felonious crime, akin in the federal system of laws to bank robbery or taking a kidnapped person across state lines. It’s a bureaucratic change — not a change in the severity of the actual offense — that will nonetheless have real consequences in the lives of real people.

This might be less objectionable if Sessions — and the president he serves — didn’t continually conflate undocumented immigration with worse, real crimes.

As he proposed stiffer penalties for nonviolent immigrants, Sessions also targeted gangs and cartels “that turn cities and suburbs into war zones, that rape and kill innocent citizens and who profit by smuggling poison and other human beings across our borders.” Invoking unusually severe language in the written version of his announcement, Sessions proclaimed, “It is here, on this sliver of land, where we first take our stand against this filth.”

But as Mother Jones notes: “In contrast to the dire picture Sessions painted, crime rates in American border cities have been dropping for at least five years. Even after a year of increased violent crime—which officials said had nothing to do with cartels or spillover violence—El Paso, Texas, is among the safest of its size in the nation.”

We’re going to send people to prison for the crime of believing in the promise of this country. And we’re going to do it on the basis of a lie. I hate the Trump Era.

— Joel

Is immigration enforcement more a crime than illegal immigration?

Rebecca:

I’ve got some traveling to do today and tomorrow, so not a lot of time to share this thought. But I want to say a few words about how the kind of enforcement we’re seeing against illegal immigration under the Trump Administration more closely resembles a crime than does the “crime” of illegal immigration.

A key feature of any crime worthy of the name, it seems to me, is that the act of committing it is clearly and negatively disruptive, either to an individual life — a person may be injured, killed, deprived of property or merely their sense of well-being — or to the community at large. (Indeed the disruption to an individual is seen as a disruption to the community: That’s why criminal prosecutions are carried out in the name of the state, rather than individual victims.)

Illegal immigration is a different kind of crime, because the negative disruption is, at best, debatable. Maybe undocumented migrants lower wages for everybody else, but maybe not — or at least maybe not so much. Maybe undocumented migrants commit crimes, but the numbers suggest crime rates are lower among migrants than among native-born people. There’s evidence that migrants tend to be more entrepreneurial than native-born folks; there’s evidence that the influx of migrants has kept some towns in, say, western Kansas from drying up and dying out completely.

In other words, there’s probably a mix of effects from illegal immigration — I tend to use the word to describe the issue, not individuals, because the “illegal” part is the point of the undocumentation — but one of them is this: Those migrants often become part of the community.

So. When you start getting heavy-handed efforts to enforce immigration law, and to deport undocumented migrants, what you get is:

• Attempts to deport people who are pillars of their community.

Attempts to deport people who are trying to comply, even belatedly, with immigration law.

Fear among immigrant communities about doing the normal stuff of life like going to work or church.

I’ve got a lot more examples than this, but you get the point: The enforcement of the law becomes the thing that disrupts the community.

Especially when you consider that the enforcement is also falling heavily on American citizens and other people who are here legally, because they — by virtue of skin color — become objects of suspicion. Immigration enforcement hurts American citizens!

My friends who want harder borders and bigger walls will no doubt respond that illegal immigration is, after all, illegal — that the disruptions to the community are caused, foundationally, by the initial transgression of immigration. OK.

But it’s worth pointing out that illegal immigration is a somewhat arbitrary crime. We know instinctively if somebody’s committed a crime when robbery or a murder or an assault takes place; these crimes have been understood and punished throughout the history of humanity. Immigration? There’s a lot of legislative negotiating that goes into deciding where the lines are drawn. Illegal immigration isn’t a crime because the conscience is shocked by it so much as it’s a crime because a committee somewhere decided that it is. (This is the kind of thing that conservatives are usually against, by the way.)

All of which leads me, again, to believe that some immigration enforcement is much more a “crime” in the traditional sense than is illegal immigration.

But maybe I’m just rationalizing?

— Joel