Immigration law should be administered fairly

Church does not oppose enforcement of immigration laws, if done so humanely

You may be surprised by this, but Catholic teaching acknowledges the right of a sovereign country to control its borders and enforce its immigration laws. However, that does not mean the human dignity and human rights of immigrants should be violated.

Over the past 30 years, U.S. immigration policy has been characterized by an increase in enforcement measures without corresponding updates to other aspects of the legal immigration system. Immigration enforcement funding has risen dramatically, with immigration enforcement, compared with other U.S. enforcement agencies, now being the largest share of the annual budget. Moreover, enforcement policies and practices have been added to the system during this period, including the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996, which has weakened due process protections for immigrants.

Under the current administration, an executive order has made all immigrants without legal status priorities for deportation, regardless of the length of time in the country, their U.S.-citizen children, and other equities in the country.

While enforcement is an important element of any immigration system, so is fairness and justice.

First, our system unjustly detains immigrants who are seeking asylum and are no threat to our society — even women and children. This prevents them from receiving community support and from accessing legal representation.

Certainly those who are a threat to our communities should be detained, but the vast majority of immigrants are not threats and have not committed a criminal offense. Instead of incarcerating them, our government should place them in community-based alternatives to detention, whereby community groups could provide them with housing and legal support. Such programs have been proven successful in ensuring immigrants show up for their hearings and are able to obtain legal representation, which also makes the court system more efficient.

Second, our immigration justice system should uphold the values upon which our nation was built — fairness and equal justice for all. Sadly, often our immigration court system does not meet this test, as it has been neglected and underfunded by Congress for years.

Additionally, the use and expansion of expedited removal, a part of the 1996 act, deprives individuals of the opportunity to go before an immigration judge to seek relief from deportation. This policy adversely impacts the ability of asylumseekers to have their claims adequately heard.

Third, state and local law enforcement officials, who are charged to protect the public, should not be required to enforce immigration laws. Changing the nature of their important mission would distract them from their essential task of public safety and undermine trust between them and immigrant communities. However, federal, state and local enforcement officials should cooperate in identifying immigrants who may constitute a threat or have committed violent crimes.

Now more than ever, law-abiding immigrants are scapegoated for our social ills and painted as criminals. Such rhetoric creates fear in immigrant communities, reducing cooperation with law enforcement.

We can do better. Bipartisan efforts to enact immigration reform have fallen short in the past 10 years, but the need for reform exists.

Comprehensive immigration reform would restore the rule of law by increasing the legal avenues available for immigrants seeking to work in important U.S. economic sectors. By bringing 11 million undocumented persons out of the shadows and into the light, we can ensure all are included in a new system governed by the law, not illegal behavior, including by unscrupulous employers. It also would protect law-abiding immigrants and isolate those who are a threat to our communities.

For over three decades, U.S. immigration policy has been marked by increased enforcement, but our nation is still seeking an effective way to manage migration flows. Enforcement policies, fairly applied, are part of the solution — they are not a solution by themselves.

Migration is a global challenge, but also a global opportunity. Our nation has led the world in the integration of immigrants from around the world, to our great benefit. We must not continue to turn our back on this heritage, which has served our nation so well.