OUR VIEW:
It's not a crime to be here illegally
Civil and criminal law are vastly different
April 29, 2010 7:55 PM
It has never been a crime for an immigrant to be in this country illegally.
Arizona just made it a crime — a misdemeanor the first time, a felony for repeat offenders.
Even some erudite Americans remain confused about immigration, which leads to bad policy. In today’s Gazette, and in newspapers throughout the country, columnist
George Will explains the new
Arizona law like this: “Arizona’s law makes what is already a federal offense — being in the country illegally — a state offense. Some critics seem not to understand Arizona’s right to assert concurrent jurisdiction.”
Critics don’t understand because
Arizona will adjudicate a new law that’s nothing similar to federal law.
Robert J. Barron, a leading immigration attorney in
Colorado Springs, confirmed that it’s not a
crime to be in the United States illegally. It’s a common misconception that feeds immigration hysteria.
Federal law says it’s a civil infraction — just as it’s a civil violation, and therefore “illegal,” to send e-mail spam without an “unsubscribe” option. The difference between a civil and criminal offense is colossal.
It’s understandable why some want to make criminals of immigrants in violation of a mere civil statute. In
Arizona and a few other states, a relative few are causing significant problems. That’s because we have created mayhem at the border by refusing to reform federal
immigration laws and adjust quotas to serve the country’s realistic needs.
If criminal immigrants are terrorizing
Arizona, it’s because immigration has become a kind of underground railroad. It thrives because our nation’s economy begs immigrants to fill jobs, at wages exceeding minimum wage, even as unemployed Americans subsist on
state assistance or
unemployment insurance and show themselves unwilling to clean motel rooms or work landscape labor. When the market demands forbidden fruit — as seen with guns, liquor, marijuana and Cuban cigars — an underground solution will fill the void.
The United States needs
immigration reform that allows generous numbers of law-abiding citizens of
Mexico and other countries south of the border to come and go from the United States lawfully — committing neither civil nor criminal infraction — in order to produce for our economy in compliance with wage and labor laws. It needs a secure border, with enforcement of laws that make sense.
The United States cannot prosper and thrive without substantial numbers of immigrants. American citizens have not reproduced in quantities to provide a
labor force adequate to fund pensions, provide
health care, buy
existing homes, fund
Social Security, and produce ample wealth in the form of goods and services.
Most developed and developing countries, including
China, are learning that dwindling fertility rates of the past 30 years mean economic peril or more immigration.
Only warm bodies create wealth and prosperity. There is no other source. Therefore, it would benefit us to pass laws that favor reasonable and lawful importation of law-abiding immigrants. Establishing a new class of criminals produces nothing but another burden for the state.
— Wayne Laugesen, editorial page editor, for the editorial board