Opposing view: Prosecutions deter illegal immigration

The government recently said it would prosecute aliens entering illegally, even those traveling with children. This seemingly harsh policy actually protects foreign nationals.

Illegal entry is a crime. Prosecuting illegal entrants deters it. Deterrence avoids the dangers of smuggling, as women and children “often find themselves at risk for assault and abuse such as rape, beatings, kidnapping and robbery” at smugglers’ hands, according to Immigration and Customs Enforcement.

Illegal entry by families has been increasing. In April 2017, 1,118 family-unit aliens were apprehended entering illegally. One year later, 9,647 were.

The makeup of aliens entering illegally has also changed. Before 2011, more than 90% of arriving aliens were single adult males; today, 40% are families and children.

Why? Aliens believe they won’t be detained if they arrive with children.

The Department of Health and Human Services makes placement determinations for unaccompanied alien children. Under recent interpretations of a 1997 settlement agreement, there is a presumption that apprehended alien minors (even those arriving with parents) will be released to HHS within 20 days.

Previously, parents in family units were typically also released. Thus, the most effective deterrent — detention — did not discourage their illegal entry. But parents and children are separated in criminal court daily; immigration prosecutions shouldn’t be different.

For families legitimately fleeing persecution, there are two other options: applying for asylum elsewhere (like Mexico), or applying at a port of entry.

Separately, news reports state that HHS cannot reach sponsors of 1,475 placed unaccompanied alien children. This also occurred under the Obama administration but is likely only news now because of the Trump separation policy.

It isn’t surprising that sponsors here illegally would evade government scrutiny. The solution is humane detention of all illegal crossers, under government protection, until their cases can be heard.

Andrew Arthur is a resident fellow in law and policy at the Center for Immigration Studies.