I've written on this subject many times. Partly it is because of where I live in San Diego and the reality that immigration is an issue that we confront every day. Part of it is that it's an issue that is pervasive in the news today. Literally any station that you tune in is likely to have a story on the crises at the border. Or as some have said, the manufactured crises. Add in the hatred of President Trump by many members of the media, and you get over-the-top histrionics about abuses, atrocities, law-breaking, and mistreatment by our Customs and Border Patrol, ICE, and any other governmental agency that is trying their best to handle what has become an incredibly bad and increasingly out of control problem.
It is very, very difficult to get to ground truth when it comes to illegal immigration. Just the term "illegal" is controversial for the crowd that believes in open borders and that our obligation as America is to be a refuge for people oppressed from other countries regardless of the circumstances. For me, illegal is illegal and it's difficult for me to use any other word. But I'm getting off topic. As was the case with his essay on American Exceptionalism last week, a good friend and former Priest has written a superb essay on immigration that I'm going to copy in its entirely below. I might also inform you that he is a lawyer and is currently retired from the Priesthood after a wonderful career and is now practicing immigration law in Arizona. So with those bonafides, he knows what he is talking about. It is really one of the best, most complete and most logically written discussions of immigration that I've read in a long time.
Like many, I'm disgusted with our political leaders (on both sides) who cannot come together and solve this problem. It seems to a laymen like me that they should be able to get it done. If the whole issue of irrational hatred of the President weren't present, I like to believe that there would be some movement to solution. Maybe that's naive as it hasn't been done previously, but the problem hasn't really reached crises levels of today previously.
I'm also dismayed and frustrated that so many Christian (especially the Episcopal church) leaders seem to be myopic on this subject and I am heartened to see a Christian leader like my friend and former Priest step up to writing a thoughtful and logical essay that not only is honest but offers solutions. Because I'm not seeing much honesty or ideas from Christian leaders. It's as if they have no concept of living in a country with the rule of law. Now I get that the plight of the individual and the tragic scenes that are played out on our border can be heart rending. But at the same time we have a country of laws and a system in place, flawed as it is. Too many Christian leaders have very little tolerance for those of us who are suspicious of the hundreds of thousands of individuals who make their way from Central America with nothing and claim asylum. It's a clear abuse of the system but they get away with it and has very little to do with a true claim for asylum. It seems that their first reaction is to blame the government for enforcing (or trying to enforce) laws in existence and preach to us about welcoming law-breakers and oportunists. There is also the issue of human trafficking and drug running that they seem to turn a blind eye to. I don't know why that is but it's disheartening. We are the most generous and magnaminous country on earth when it comes to immigration, but to hear some of these Christian leaders you wouldn't know it. Their lack of leadership and honesty is somewhat breathtaking and has resulted in my largely ignoring or dismissing anything they say on this subject.
There are a lot of issues when it comes to immigration, but the one that grates on me the most is providing to non-U.S. citizens bigger and better benefits to ILLEGAL immigrants than to U.S. citizens. We've all heard the rediculous idea that illegal immigrants should get health care that all of the Democrat presidential candidates have signed up to. And I think that may have doomed them! The job of our government (for, of and by the people) is to protect our citizens and provide for the general welfare. Look at the dichotomy of the two photos below. One is of clean and safe shelters for illegal immigrants and one is of our citizens, many of whom are Veterans, on the street. We have an enormous homeless problem that cities and states across the nation are ignoring. And yet the Federal government does backflips to ensure illegal immigrants crossing the border are housed appropriately. Now don't get me wrong. Providing for these people at the border given our current laws, is necessary but for goodness sake how do some of our city and state officials look at themselves in the mirror as they ignore our homeless problem. In some cities certain areas are dangerous and unlivable. Is that providing for the general welfare?
So here is his essay. As I've said, I believe it is honest, logical, forthright, and provides both lessons and recommendations.
Seven Lessons on the Current Immigration Crisis
The current immigration crisis on our southern border is a complex, difficult issue – and don’t let anyone tell you otherwise. Immigration itself is one of the most complex areas of law; only tax law is more complicated. So, there are no perfect answers to the current crisis. With that said, here are my seven “take-aways” on what is happening at our southern border. I write as an immigration lawyer who has experienced the crisis at the border, helped as many migrants as I could, and is well aware of their suffering and heartbreak, but am also conscious of the limits on the present system to accommodate everyone seeking entrance to our country.
First, the immigration crisis at the southern border is not new. Under President Obama there also was a massive influx of migrants from Central America, including thousands of unaccompanied children. The facilities for these children became so overcrowded that temporary shelters had to be erected, including putting children in “cages” or modular cells, having them sleep on the floor and providing for their physical needs in a bare minimal way. As I say, this was under President Obama. Sadly, the same scenario now exists under President Trump, which is why the recent border aid bill passed by Congress is so needed. Quite simply, the system is overwhelmed by the numbers of asylum seekers coming to our country, and especially children. It was not designed to handle so many people so quickly. Thus, we have the congestion, overcrowding and a seemingly endless backlog of cases.
Second, the children in detention are not all being separated from their parents. Many are in this country alone or have come with strangers hired by their parents to bring them to America. The government cannot just release them into the general population, as we do with adult asylum seekers. Relatives or social service agencies need to take responsibility for them. It would be wrong to release these children into the care of strangers, or those who cannot prove they are their relatives or parents. Human trafficking is a serious problem in immigration. These children could easily be forced into sex or work slavery without any oversight from social service agencies. The government has a responsibility to ensure that these children are not exploited or used for illegal purposes. Thus, the children need to remain in custody until their safety and security can be assured.
Third, the political pandering and party politics on the current crisis in disheartening. I go back to the aid bill recently passed by Congress. There is no debate that conditions for the children in custody is deplorable. And yet, the progressive caucus in the House voted against the bill, even though it passed in the Senate by a vote of 88 to 8. How could any House members have such a callous indifference to human suffering as to vote against a bill that is desperately needed to help the children in custody? Sadly, they put politics above people. They voted against the bill to further a political agenda against the President and immigration authorities. Thankfully, their efforts failed, and enough House Democrats and Republicans were able to pass the bill. Along the same lines, I was dismayed by the Democratic presidential candidates at their debate last week. They all raised their hands that Americans should pay for the medical care of undocumented immigrants. But not even in Canada, which has a government-run medical system, does that happen. Every Canadian province has a waiting period before someone new to the province can get free medical care, and you must be a legal resident to get it. While it may make sense to provide medical services to everyone in the country, regardless of status, the question of how to pay for it is a serious one. In the same debate, the Democratic candidates all agreed that an illegal crossing into the United States should be a civil and not a criminal offense. In other words, a person can enter the United States by bypassing a border crossing without any serious consequence. And yet, that practice is not true for American citizens. It is a criminal offense for an American to cross into the United States from either Canada or Mexico without going through a border crossing and being approved by a border agent. The penalty for illegal entry is a hefty fine, confiscation of one’s car and possibly jail time. If that is the case for Americans crossing illegally into the United States, why should that be any less so for non-Americans? One last point: We all saw the horrific picture of a father and daughter lying face down in the Rio Grande River, their lifeless bodies clinging to one another. The picture was enough to bring tears to our eyes. I can’t begin to imagine their desperation to embark on such a dangerous journey and to attempt to cross a river where many others before them have drowned. But I need to ask a question – and I am not being heartless in asking it: If that father and daughter had waited their turn and entered through a border crossing, would they both be alive today? Yes, there is a long wait at the Mexican border, but at least there is relative safety. The fact is: It is not only illegal to try to enter the United States by other than a border crossing, it also is dangerous, with migrants dying either in the desert or drowning in a river.
Fourth, the United States can accept many more immigrants into this country – not just for compassion’s sake but for our own sake and the economic prosperity of our nation. America now accepts about 1 million immigrants a year, but I think the country could accept at least 3 million a year – there are many jobs in this country that go unfilled, and not just high-end jobs but basic laboring jobs that employers find difficulty filling. We need more workers in this country, and we will need more in the coming years as Americans are having fewer children. Quite simply, a broad-based immigration workforce is essential to our economy. One possibility is for Congress and the President to authorize 3-year work visas for people who seek to come to our country for economic reasons. I think America could take several million of these people, vet them for any criminal activity, and ensure they have their medical vaccinations and are in good health. After 3 years in the country, they could apply to renew their visa, and then renew it again after another 3 years. After nine years of being in the country without any criminal activity, they could apply for legal permanent residence, and then citizenship.
Fifth, we need to legalize the eleven million undocumented residents now in this country and give the DACA recipients a path toward citizenship. This makes eminent sense – to allow those undocumented persons already in this country to remain here so long as they have no criminal record, are in the workforce and paying taxes. We are not going to kick out of the country eleven million people, nor should we. They can pay a fine, learn English, wait their turn to become legal permanent residents, and over time apply for citizenship. Similarly, recipients of DACA should not have to fear deportation. They are here in this country working or being educated in our schools and universities – they are in every way Americans except for their status. It’s time to put them on a path to citizenship.
Sixth, the present immigration system is broken and needs to be entirely re-created.
Seventh, don’t blame Donald Trump for this crisis. I can understand why people dislike Donald Trump. He says things that are bombastic, vulgar, offensive and just plain wrong. His actions have exacerbated the immigration crisis, but he did not cause it. As I indicated at the beginning of this reflection, it was under President Obama that we started caging children who were coming to this country in massive numbers. And as much as we hear reports of ICE raids and people being arrested and deported from the country, we need to keep in mind that under President Obama 3 million people were deported – more than under Presidents Bush and Clinton combined.
The only way for immigration to be addressed properly is for the President and Congress to come together and work on a bi-partisan bill that will: 1) provide border security both structural and electronic, 2) legalize the undocumented immigrants already in this country, 3) provide a pathway to citizenship for DACA recipients, 4) revamp the immigration laws to allow more visas for economic immigrants, 5) require asylum seekers to apply in their own country rather than at the U.S. border, and 6
The Rev. Dr. Gary Nicolosi July 1, 2019
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