On immigration enforcement, we all actually agree
The other day I had a friendly (no kidding), civilized (really) exchange with a reader about how we should enforce immigration law, in which I completely agreed with his hardline view that we “vigorously and aggressively” enforce such laws with “no exception!”
I know what you’re saying. You think this is some kind of trick. It’s not. It’s all explained in our brief correspondence. The reader wrote: Greetings Mr. Montini, I read your column today regarding your pleasure with Sheriff Penzone upholding the law. I'm glad to hear that you are a strong proponent for upholding the law. As such, I know that you will insist that the federal government immediately enforce all federal immigration law. I look forward to you next column insisting that the federal government vigorously and aggressively enforce all federal laws related to immigration — no exception! Thanks, for your strong stance on enforcement of immigration law. Dale Clements I responded: I agree with you, Mr. Clements. We should enforce immigration law as we do all other laws. Let’s say two legal citizens are caught and convicted of the same crime. One is a first time offender with a job and a stable family. The other is a career criminal with a long rap sheet. The courts will take into account the aggravating and mitigating circumstances in each case. The first criminal will no doubt get less time, perhaps even probation, while the second will wind up in prison.
All I would ask is that we do the same in immigration cases. Our justice system (which is to say the U.S. Constitution) affords the same rights and protections to every individual involved in a criminal case, regardless of citizenship.
In Arizona a mother of two American kids who was working as a custodian, paying her bills, caring for her family. She has no criminal record other than having used someone else’s social security number to get her job. She reported regularly to ICE, even knowing it risked deportation. Has she attempted ever to steal this other person’s identity by using the social security number? Or perhaps tried to get a credit card? Or some type of government benefit? Access a bank account? Use that SS number for any financial gain?
No. To all of that. And yet, we have treated her exactly the same we treat undocumented criminals who have done all of those things and a lot worse. So, yes, I agree with you.
We should treat migrants caught up in immigration cases the same as any other criminal suspects. Rather than punishing all of them in the exactly same way we should weigh the evidence individually and take into consideration mitigating and aggravating factors. It troubles me that we don’t. It troubles me that the fact we don’t treat people equally doesn’t trouble a lot of other people.