Discussions about immigration have always aroused strong passions because there is something in immigration for everyone to dislike. Dr. Julian Simon, Professor of Economics at the University of Maryland put it this way, immigration seems to pit two fundamental values against each other, lending a helping hand to immigrants and pushing back against immigrants to ensure the economic self-interest of family and community.”
Dr. Simon further opined that immigration involves a complex mix of values that may not be understood by all but, which are in no way irrational, such as the desire to maintain a degree of cultural or racial homogeneity in the country, and to keep a particular political balance. Hence it arouses concern and passions to an unusual degree.
Consequently, opinions on immigration have an ebb and flow but mostly, when the facts about immigrants are accurately portrayed Americans tend to be favorably disposed toward immigration. Even though, in todays “topsy-turvy” political environment we have an Administration seeking to capitalize on the legitimate worry many have about where the world is headed. Fear is notoriously contagious. Used skillfully by politicians looking to manipulate voters it can become toxic and capable of infecting more than just a few.
No wonder much of the country’s immigration mood is a mix of anger, fear and frustration. As long as our lawmakers insist on referring to non-immigrated residents, as criminals, the criminal element, rapists and narco-terrorists immigrants can never be favorably known to us. Criminalizing and vilifying immigrants might be acceptable if it was true, but it’s not.
Cross border crime, in all its manifestations and immigration are totally distinct events. The two should never be conflated. Immigrants are individuals who move from one country to another to reside permanently. Criminal activity is never their goal. Cross border crime, the criminal element, narco-terrorist, rapist and all the other crimes being passed off as immigration are purely acts of cross border crime. The farthest thing from the minds of these criminal perpetrators is immigration.
Some folks will legitimately ask, “but, isn’t it a crime to reside in the United States if you don’t have an immigration status? “What about “border jumping” isn’t that a crime?” These questions have many Americans confused.
The bewilderment lies in the legal difference between improper entry and unlawful presence. In the past, the most common crime non-immigrated residences were guilty of was “improper entry.” Under immigration law, it’s a misdemeanor crime for anyone to enter the country without being admitted by an immigration officer. The maximum punishment for this civil infraction is normally a $50 fine for the first offense, Punishment for repeated offenses cannot exceed more than six months of incarceration and up to $250 in civil penalties. The civil act of improper entry, including “border jumping,” has a 5 year statute of limitation. After 5 years the offense becomes a non-chargeable crime, but the individual can still be deported but not as a criminal action.
It’s easy to assume that all individuals here without an immigration status must be guilty of “improper entry.” In the past that may have been true. Today, more than half of those here without an immigration status were properly admitted by immigration officers on visas. Then, they violated the conditions of their stay by failing to depart when their visas expired. But, unlawful presence is not in and of itself a crime. To be sure, it’s a violation of immigration law to remain in the country without proper authorization, but this violation is punishable by civil, not criminal penalties. Deportation is the main civil penalty associated with this infraction.
Under our immigration law, immigrants here, without an immigration status, who have never been convicted of a crime, cannot be referred to as “criminals.” Yet, in public policy debates, people who know better, the President, lawmakers and the immigration elite use misleading rhetoric and bogus statistics to imply that all non-immigrated residents are criminals or a dangerous threat to our communities. Such language is intended to distort the debate about the appropriate development of immigration policy and only serves to keep Americans agitated, confused and divided on what to do about immigration.
In the past few months, the Trump Administration and Congress have been wrangling over appropriate policy options for dealing with the 10.5 million individuals here without an immigration status. Whether or not, they can coalesce around an enduring solution for a portion of this group euphemistically called “Dreamers” remains an open question. When 85% of America is in favor of a path to citizenship for “Dreamers” is it any wonder that Congress can’t reach a consensus?
It’s a rare moment in America when a discourse concerning immigration doesn’t evoke the terms criminal or illegal. Our day to day immigration discussions are peppered with these terms. We accept them as normal despite the fact that they are pejorative and highly inaccurate. Whether intentional or accidental, the use of these terms by our lawmakers has shaped public opinion and is poisoning the well for many immigrants.
I believe we clearly deserve better than what these public servants have been offering, a mix of fear and duplicity that charts a truly negative direction for the country. Just think how much richer America would be if we could re-discover our heritage of nourishing liberty and opening our hearts to those seeking the same legacy. I say it’s time for cool and sober reflection, reconsideration, and recalibration.
Ricardo Inzunza, a native of San Diego, California, was appointed Deputy Commissioner of the former Immigration and Naturalization Service (INS) by President Ronald Reagan. During his 8-year tenure, his office was the central source for the development, implementation and oversight of all immigration service policies and practices. Now as CEO of RIA International, Ltd, Ricardo is often asked to serve as a business consultant to clients such as the World Bank and the Peoples Republic of China. He can be reached at 662 418 0913 (O), 202 664 3274 (M), or riatria@aol.com