Reflections on immigration, in three parts
I.
When a stranger sojourns with you in your land, you shall not do him
wrong. You shall treat the stranger who sojourns with you as the native
among you, and you shall love him as yourself, for you were strangers in
the land of Egypt: I am the Lord your God...
You shall not oppress a sojourner. You know the heart of a sojourner, for you were sojourners in the land of Egypt..."
~God, in Exodus
Then I will draw near to you for judgment. I will be a swift witness
against the sorcerers, against the adulterers, against those who swear
falsely, against those who oppress the hired worker in his wages, the
widow and the fatherless, against those who thrust aside the sojourner,
and do not fear me, says the Lord of hosts.
~God, in Malachi
Cursed be anyone who perverts the justice due to the sojourner, the fatherless, and the widow.
~God, in Deuteronomy
For IF you truly amend your ways and your deeds,
IF you truly execute
justice one with another,
if you do not oppress the sojourner,
the
fatherless, or the widow, or shed innocent blood in this place...
THEN, I will let you
dwell in this place, in the land that I gave of old to your fathers
forever.
~God, in Jeremiah
etc, etc, etc, etc, on and on and on, in the Bible.
https://www.openbible.info/topics/immigration
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II.
"What's the "illegal" part of being an illegal
immigrant? Is it a crime to simply be an undocumented immigrant
residing in the United States? What about sneaking across the border?
The confusion lies in the legal difference between improper entry and unlawful presence. Here's what you need to know:
Improper Entry Is a Crime [a misdemeanor, Dan]
To be clear, the most common crime associated with illegal immigration is likely improper entry.
Under federal criminal law, it is misdemeanor for an alien (i.e., a non-citizen) to:
- Enter or attempt to enter the United States at any time or place other than designated by immigration officers;
- Elude examination or inspection by immigration officers; or
- Attempt to enter or obtain entry to the United States by willfully concealing, falsifying, or misrepresenting material facts."
So, to be clear, crossing the border without proper permission is, in the US, a misdemeanor.
Misdemeanor is defined:
"A misdemeanor is considered a crime of low seriousness, and a felony, one of high seriousness. A principle of the rationale for the degree of punishment meted out is that the punishment should fit the crime."
A crime of low seriousness.
The punishment should fit the crime.
What has happened a great deal of the time when someone commits the "crime" of crossing an imaginary line illegally? A good deal of the time, an immigrant and/or his family is...
* In danger
* Being oppressed
* At risk of starving or just barely surviving
...when they leave their usually beloved homes, families and friends to come to the US to stop the threat. That is, they choose to engage in a victimless misdemeanor to avoid starving, death and oppression. Generally speaking, they don't want to leave their homes. They would much rather stay, but sometimes the threat is too great!
How serious is that "crime..."? Is it serious at all? Is it even rationally called a "crime..."?
Or is it only reasonable, moral and prudent?
What would you do if you were being oppressed or your family was starving where you were and there was not a good chance of changing it there... what would you do IF you knew you could escape that threat by committing a minor misdemeanor to save your/your family's life?
Of course, it is a moral and appropriate answer to violate that misdemeanor law to save lives!
Of course it is. If you disagree, then do us a favor: Go to a nation where you will be oppressed, threatened and starved and take the place of someone there, surrender your citizenship to them. THEN, tell us how you'd stay where your life/your children's lives were threatened.
Until then, I don't think anyone who says it is an actual "crime" to cross an imaginary line can be taken seriously.
Also, of course, any law that makes a crime of the victimless action of merely crossing an imaginary line to try to stay alive is an immoral, wrong and irrational (and, if you care about the Biblical examples easily found, unbiblical) law.
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III.
Unlawful Presence
"Some may assume that all immigrants who are in the United States without legal status must
have committed improper entry. This simply isn't the case. Many foreign
nationals legally enter the country on a valid work or travel visa, but
fail to exit before their visa expires for a variety of reasons.
But mere unlawful presence in the country is not a crime. It
is a violation of federal immigration law to remain in the country
without legal authorization, but this violation is punishable by civil penalties, not criminal."
I repeat:
MERE UNLAWFUL PRESENCE IN THE COUNTRY IS NOT A CRIME.
Read it and understand.
And how often is it the case that we're talking about
unlawful presence, as opposed to the misdemeanor of
improper entry?
In fact, a 2006 study
showed that roughly 45% of undocumented immigrants originally entered
the US legally, but then remained in the country without authorization
after their visas had expired.
http://www.cnn.com/2017/02/24/politics/undocumented-immigrants-not-necessarily-criminal/index.html
Nearly HALF of what are popularly called "illegal immigrants" are NOT "illegal." Overstaying a visa is a civil infraction, like parking in the wrong place, not even a misdemeanor.
And of course, it should not be a crime.
What sort of monsters criminalize people for a victimless crime of crossing an imaginary line in order to stay alive/not be oppressed?
The time has come to recognize that crossing a line to try to stay alive is in no reasonable way a crime. The time has come to stop calling it a crime.
In fact, the only moral crime is in criminalizing people who are merely trying to stay alive. This is something we all should be able to agree with and work towards.
By all means, let's keep it regulated, let's watch out for bad actors and those who would cause harm. I'm not saying let's have an
entirely "open" border. BUT, the notion of criminalizing merely trying to stay safe and alive must end.