The Columbus Dispatch

Repealing Section 1325 won’t solve immigratio­n problem

- Juliette Kayyem Juliette Kayyem is a former assistant secretary at the Department of Homeland Security and faculty chairwoman of the homeland security program at Harvard University’s Kennedy School of Government.

The Democratic debates last week revealed many things, but few revelation­s told us as much about the state of the party’s thinking than a brief backand-forth between the two Texans in the race — Julian Castro and Beto O’rourke.

Early in the first debate, Castro, the former housing and urban developmen­t secretary, challenged “every single candidate on this stage to support the repeal of Section 1325.” That section of the federal criminal code makes “improper entry” — attempting to cross into the United States in between establishe­d entry stations or in order to avoid inspection — a criminal misdemeano­r, punishable by a fine and/or up to six months in jail.

Castro pushed O’rourke, a former congressma­n, to

support repeal and instead make unlawful entry a civil violation, mostly to stop the government’s controvers­ial separation of families. But O’rourke declined, suggesting that it would be unwise to remove all criminal disincenti­ves to illegal entry. On the second night of the debate, under questionin­g from a moderator, eight out of 10 candidates raised their hands to support repeal.

Repeal is an understand­able reaction to President Donald Trump and is quickly becoming party boilerplat­e. But that path is not a good one for the party or the country.

Democrats may be forgiven for spending most of their time debating how best to dismantle Trump’s harsh and inhumane policies. It is a sentiment that animated the “abolish ICE” movement last year, as though by getting rid of the agency responsibl­e for interior enforcemen­t and deportatio­n, the heartwrenc­hing aspects of a power that sometimes needs to be utilized will just go away.

The “repeal 1325” movement comes from a similar vein: that if we can reimagine immigratio­n as a civil violation, then difficult choices about who should stay and who should go will disappear.

But little of what is being done now by the Trump administra­tion can be laid at the door of Section 1325. Not the interior enforcemen­t efforts that have separated families, not the “Dreamers” waiting in limbo, not the wall. Castro and others argue that Section 1325 is what is giving the government grounds to separate families. This isn’t true. The administra­tion began by separating families under 1325 a year ago, but it now defends its separation­s as a way to protect kids. Ironic, yes, but also proof that repealing 1325 won’t stop an administra­tion such as Trump’s from breaking up families. It also means that even if 1325 remains on the books, a future president will be free to end family separation.

The 1325 debate, then, allows Democrats to avoid what can’t be avoided: that a nation based on laws must have deportatio­n, enforcemen­t and removal standards to protect its borders. The reality is that the next president will need to govern the United States. And that requires laws that allow a commander in chief to protect the borders, deport individual­s and keep some people out.

Democratic candidates give enforcemen­t lip service, but a party agenda that actually embraced a rigorous, effective and even humane enforcemen­t effort would include a criminal delineatio­n between those who come to this country through legal means and those who do not. Why? Because whether the law’s existence changes an immigrant’s behavior is secondary to a nation’s interest in defining a baseline of desired conduct — a lawful immigratio­n, including for asylum seekers — and by deeming a failure to abide by it as criminal behavior.

Dismantlin­g Trump’s horrific policies is an easy Day One agenda. But Democrats ought to be constructi­ng their own affirmativ­e-enforcemen­t agenda. This should include: re-establishi­ng Obama-era deportatio­n priorities that focused on immigrants who were a threat to their communitie­s; changes to chain migration, which has become too permissive; aggressive enforcemen­t of e-verify to penalize employers who hire unscrupulo­usly; and a focus on dismantlin­g large employers, such as the Trump family’s far-flung properties, that take advantage of undocument­ed workers.

If Democrats win in 2020, they will inherit an immigratio­n apparatus that needs a complete overhaul to align it with both our enforcemen­t needs and our values. A debate about Section 1325 will not make deportatio­ns go away. Let’s stop pretending it will.

 ??  ??

Newspapers in English

Newspapers from United States