Fear & Loathing on the border

The never-ending immigration debate continues to shed more heat than light. I see more vague, heartless, and ill-informed opinions on this topic than just about anything else. As a pro-immigration conservative, I often feel like my views aren’t reflected in all the noise. Here they are; I hope they are specific, compassionate, and informed.

America is just different. I am not implying necessarily better, but no sane person can deny the core attractiveness of the concept of America. We are a creedal nation: one defined not by blood or religion or geography, but by an individual’s commitment to espousing a common set of beliefs. If you wonder what they are, re-read the Declaration of Independence and the Constitution. More people want to come to the United States and live there than anywhere else in the world, and the numbers are not even close. Some immigrants already espouse the American creed; others just want to get away from whatever ills plague them in their own country. All we ask of those who arrive in America is they (eventually) share our creed.

Alas, more people want to come and live in the United States than the United States can reasonable digest. It is not a matter of space or jobs: it is a matter of culture. Just as America changes everyone who comes to live in it, every immigrant (legal or not) changes America. The vast majority of immigrants make America better. A tiny minority make it worse, or even intend to do it harm. Regardless of good intent, cultural changes take time.

If you look throughout American history, the greatest anti-immigrant movements happen not during large swells in immigration, but just after, as the new immigrants settle down and spread throughout the country. Thus has it always been; thus it is today. Foreign-born residents made up 13.7% of the US population as of last year, the highest level since 1910 (14.7%). When the first foreign immigrant lands in your small town, he is a curiosity; when several hundred follow, you begin to wonder why you can’t find white bread at the corner “supermercado.”

Asking such a question is not inherently racist or anti-immigrant. Racism requires intent (I know some academics posit a whole different theory of implicit racism: I disagree, but let’s leave that for another post, another day). As an expat in Mexico, I often hear expats complaining that we as expats should not change the local culture. These same voices call people racists when Americans say immigrants should not change America’s culture. Consistency, anyone?

Since the wave of immigration has passed, a wall is not the solution, as I have previously noted. That said, a wall is neither moral or immoral, it is just an object of policy. A wall can trap innocent people in utter subjugation: see “Curtain, Iron.” A wall can keep sadistic murderers from harming innocents: see “Prison, SuperMax.” Some immigration proponents state that the existing US-Mexico border wall is immoral because it forces immigrants to the desert where they are more likely to perish. These same people claim the wall is ineffective. Logic, anyone?

America has less physical border control than almost anywhere. I say almost anywhere, because contrary to FaceBook memes, the tiny Vatican state has none. Due to the amiability of our neighbors (and despite our occasional extra-territorial forays), America has few walls or fences, and only recently (post 2001) became interested in tracking people coming and going. America didn’t even have immigration laws until the late 19th century; our view was “if you can get here, good on you!”

See that gaping opening around the colonnade? Come and go as you please!

Today, America’s immigration system is designed to be difficult to pass. There is simply too much demand, from too many places, and Americans see no reason to to make it easier. We have to screen against drug smugglers, foreign terrorists, child-traffickers, routine criminals, and folks who just want to come to America despite not qualifying. We have to screen people from everywhere, with every language, dialect, religion, race, and culture. We have to move hundreds of thousands of people and millions of dollars of products across our borders instantly everyday to fuel our trade-based economy. And we have to do all this while remembering–in our creedal nation–you can’t spot a “real American” by how they talk, dress, pray, or behave. Some humility for the challenge facing our immigration and customs officials, por favor?

Some people think immigrants (legal or not) get a free ride of generous benefits at the cost of American taxpayers. Most immigrants would admit their material life is better in America, at least eventually. But immigrants qualify for only the most basic public services, such as the right to children’s education, emergency medical care, some anti-poverty programs, and various legal protections. Mostly they work multiple (lousy) jobs, have taxes and Social Security taken from their pay (which if not legal immigrants, they will never be able to file for and recover), and send as much of their paycheck home as possible to support a family.

I hope I never hear the phrase “We are a nation of immigrants” again. It is true and utterly specious. The phrase is trotted out as some kind of justification, but for what? The Native American peoples came to the hemisphere from elsewhere, and they were not uniformly welcoming of the newly arrived European settlers. Subsequent groups of migrants arrived in accordance with the few laws and limits on immigration, but were more often threatened than welcomed. Hardly a history anyone should cite to support any position in the current debate.

Just a plaque, folks

Likewise, spare me your tired, huddled masses of Statue of Liberty quotes. The statue, a gift from France in 1886, is a monument to the American ideal of Liberty (remember, our creed?). It’s official title is “Liberty Enlightening the World” and its design is based on the Roman goddess Libertas, calling to mind the connection between the Roman and American Republics. By coincidence only, it sits on Liberty island, not far from Ellis island, where millions of immigrants later processed to enter the United States. What about the famous “give me your tired, your poor, your huddled masses, yearning to breathe free?” It is inscribed on a plaque at the base, in the museum. Emma Lazarus wrote the poem to promote the acceptance of refugees as part of a fundraiser to pay for the base of the monument. The Statue is about why people would want to come, not whether they should be allowed to.

If overall immigration is at modern lows, why are we having a debate? For one reason, the time to solve any political issue is when there is no crisis. You fireproof the building when you can, not once the fire rages. There is a surge in the number of families and children from Central America arriving at the US-Mexico border. Some suggest it is the fruit of America’s long involvement in Latin American affairs. If that were the case, we would expect to see the greatest number of immigrants from the countries where America was most recently involved. Most of the immigrants come from Honduras, Guatemala, and El Salvador. America supported several coups in Guatemala in the early 1980s. Yet America invaded Panama in 1989; where are those refugees? America supported a coup against Honduran President Zelaya when he suspended the constitution and tried to remain in office in 2009; so why did Honduran emigration increase ten years later?

The reality is all these countries are experiencing increasing violence and decreasing economic opportunity. The migrants who arrive at the American border frequently tell media sources they ‘just want a better future for their families’. Given the demand to immigrate to America, ‘wanting a better future’ is not going to get you into the country legally. Legal immigration is handled in the immigrant’s home country and strictly regulated by national quotas. These migrants are showing up at the border and claiming asylum as refugees from a “well-founded fear of persecution.” I’ll spare you the legal details surrounding this phrase and just note that high crime and no good jobs won’t qualify, meaning most of these asylum-seekers will be denied. But if that is so obvious, why did they risk so much? How do poor people from underdeveloped, violent nations suddenly decide to risk everything to walk with their children to the United States?

There are two groups responsible for spreading the word: human-traffickers and pro-immigration activists. Agustin Gomez, the Guatemalan father of the young boy who died in ICE custody after crossing the border, said, “We heard rumors that they could pass (into the United States).They said they could pass with the children”. The coyotes who organize and move people across the border are actively recruiting and offering discounts for migrants who bring their children with them. One coyote told the foreign press, “Everyone took advantage and sent them (the children) over. Some coyotes charge less because they know if you turn yourself into immigration, there is no problem. You will always go through.”

Meanwhile, groups like Pueblo Sin Fronteras (People Without Borders) have been visiting communities in Central America for fifteen years, helping organize groups to reach the United States in protest of American immigration laws. Desperate people are told they will be welcomed; they are used: by the coyotes for profit, by others as political tools. The numbers of such immigrants are not yet a crisis, but they are taxing America’s ability to detain, care for, and process them. They are increasing, and there is no logical reason for them to stop coming.

If you care, I have covered my views on immigration previously here. I would only add that the problem of families with children showing up to request asylum will only grow worse. It got bad once before under the Obama administration, and it was only brought under control by a combination of carrots (foreign aid, direct support to Mexico, catch-n-release) and sticks (family detention, some child separations, threats to without foreign aid). Sound familiar? That administration was (I believe) embarrassed by what they did, but they still did it; the current administration seems proud of it. In any event, some of those policies have been ruled unconstitutional, so there are fewer tools to address the situation.

The plight of these refugees is horrific. Imagine how bad things must be to decide to walk hundreds of miles with your children to an uncertain future. It is immoral to separate children from families just to deter immigration; it is just as immoral to encourage families to take their children on such a trek without any reasonable hope of success. Those who simply say “welcome them” must answer the questions: what solution do you propose? how many will qualify? why favor those that can walk to the border (Latin America) over those who can’t (Africa and Asia)? how will we pay for it? and, where will they go? There is nothing compassionate about the moral hazard of encouraging poor people to undertake great risk neither they, nor their chosen host nation is prepared for.

Part of the reason the immigration debate is so nasty, is it isn’t just about the immigrants, but about who we as Americans are. The nature of the American creed is up for debate: what are we asking the immigrants to profess to believe in? Compassion or the rule of law? The right to life, liberty, and the pursuit of happiness? Individual autonomy, diversity, and acceptance? Different views of who we are color how we approach the problem. Either way, the people who suffer most are those most vulnerable: the would-be immigrants themselves.

5 thoughts on “Fear & Loathing on the border”

  1. Pat as is usual you cut through the yelling and screaming and present a calm and rational point of view. We need you now more than ever.
    VR
    Chris

  2. Pat, you are spot on that nations have the right to control their borders and impose immigration measures. However, U.S. and international law recognize that refugee situations often involve great peril and require nations to allow people — however they crossed the border — to demonstrate that they have a well-founded fear of persecution and that their lives or freedom would be threatened if deported.

    The 1951 Refugee Treaty defines them as people with this well-founded fear. Recalling a few stains on our history—for one, turning away German Jewish asylum seekers on the liner St Louis in 1942 and sending it back to Europe…and an “camps”—the US ratified it in 1968. It requires the 145 signatories to refrain from automatically returning refugees to lands where their lives or freedom are threatened. The treaty forbids signatories from imposing penalties on refugees on account of “illegal entry” so long as they present themselves to authorities—CBP in this case and even if they don’t have papers—and show cause for their persecution. Prosecuting individuals at the border for illegal entry violates the international laws that the US agreed to uphold.

    Automatic criminal prosecutions of these refugees violate U.S. law. Title 8 of the U.S. Code states that all non-citizens who arrive in the U.S. (whether or not at a designated port of arrival, including people stopped in international waters before getting to the U.S.) have a right to apply for asylum, irrespective of the non-citizens’ status. A related statute, 8 U.S.C. 1231(b)(3), states that the U.S. cannot remove non-citizens to a country where their lives or freedom would be threatened. The same goes for the U.S. refusing to expeditiously “extract” Afghan, Syrian, and Afghan personnel (and their families) who have aided US troops in those three countries and whose lives have been threatened—and sometime taken—for working with us. This is not a case for telling them to “go to the back of the line” (which doesn’t exist anyway).

    Trump has consistently demonized these refugees—U.S. law be damned. Not all will make it through adjudication, but they have a legal right to state their case in a timely manner without having their families torn apart. It doesn’t mean we take everybody. It does mean they have their day in court. (Admission: I lifted my thoughts on this issue from an eminent law professor who has published on the topic for 35-plus years, advised refugee law clinics in Eastern Europe, consulted for UNHCR, and has written a casebook on the topic used by more than 100 law schools and universities. I also went to parochial and high school with her).

    1. Strong commentary, Jim, and thanks for the additional research. I would add that the 1951 Convention (as since amended) limits the term refugees to those whose fear is a result of several categories (e.g, race, religion) and does not include criminal violence or economic deprivation. So people have the right to claim asylum, but the vast majority of those doing so at the southern border will be rejected. Your point leads to the larger issue: the various refugee conventions were designed to address the WWII and post-war refugee issues. They did not envision refugees crossing multiple safe countries to reach a country of choice.The conventions have “national security and public order” exceptions which a certain US President could seize upon to expel applicants. And the Legislative and Executive Branches did not take into account HOW the judicial branch would interpret those conventions, hence our current mess. Lastly, many of the “laws” you mention are actually rulings under current debate: the “Muslim ban” was clearly an unconstitutional restraint according to most legal experts, until it wasn’t, definitively, by the US Supreme Court. Which is why we need comprehensive immigration reform.

  3. Well done! Thought provoking—wish we could get everyone in Congress to thoughtfully read your comments as a precursor to discussion.

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