I have a lot to say on immigration — but I’m going to do this more piecemeal. The issue is complex, even though the “send ’em all home” crowd thinks otherwise, and the Gang of 8 and its supporters (including the journalists who inevitably describe the bill as a “delicate compromise”) seem to think they can fix things all in one fell swoop.
But I’ll start with this: yes, illegal immigrants have broken plenty of laws. They’ve illegally crossed the border or overstayed visas. They’ve committed identity theft in obtaining fraudulent documents or have violated dozens of employment laws in working under the counter. They’ve driven without licenses and without insurance.
But at the same time, our government has told them, time and time again, “fine by us.” Despite claims to the contrary, genuine, sustained efforts at enforcement are not undertaken at the level needed to eliminate illegal workers. The current administration has openly declared its lack of interest in deportation, and has declared that official government policy is to refuse to enforce the laws. The prior administration was not as blatant about it, but certainly likewise communicated to the world that illegal immigration was not a big deal — kind of like the 55 mph speed limit, or a rolling stop at a stop sign.
This may not be fair. This may not be just. This may be yet another example of the executive branch overstepping its authority. But it’s where things stand, and millions of people have built lives in the United States based on receiving the message from our elected officials that if you don’t cause any trouble, America is just fine with working with false documents or under the table.
Now, does that mean that they have some kind of acquired right to stay in the United States? Something like adverse possession in real estate law? That’s where I would draw some distinctions — certainly, I have no moral qualms with sending back a recent arrival whose strongest connections are to Mexico, who doesn’t know English, who sends all his earnings beyond basic living needs back to family in Mexico. Someone who’s been here longer, who’s learned English, who’s integrated into his community — in this case, I think, by our failure to enforce immigration laws for so many years, such a person has a moral, if not legal, claim to legalization. Of course, there are plenty of people in the middle, and no bright line — but my proxy “bright line” would be a simple test: not whether the individual is willing to take an English class in the future, but whether the prospective legal immigrant speak English right now, as a demonstration that he/she has assimilated into our country in such a way that deportation would be a hardship more significant than just the fact that the mere fact of living in Mexico can be considered a hardship compared to the living standards in the United States.
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