Thursday, January 31, 2008

"They broke the law. They're criminals."

An interesting comment that comes up often when debating the issues surrounding undocumented aliens (or "illegal immigrants," if you prefer) is something to the effect of "they broke the law" or "these criminals." A lot of the time it's used in defense of plans that require them to "wait in line" for citizenship or legal residency behind their countrymen (or women) who "played by the rules" or "did it the right way."

I'm disappointed that this comment is usually left unchallenged. Here's what I would say if that came up in a debate I was having:

"Interesting that you seem to put so much weight on them having broken the law. Let me ask you: have you ever driven faster than the posted speed limit? Have you ever crossed the street in the middle of the block or against the red? Have you ever failed to come to a complete stop at a stop sign? You broke the law. You are a criminal. Do I have the right to demand that you be deported from this country? If you get caught, sure, there needs to be a penalty, but a penalty that is proportional to the damage or danger your behavior posed to the public. The mere fact that a law was broken is not sufficient reason to defend deportation.

"That's all assuming that the law is just. I don't think it is. In the 1850's, it was illegal for a slave to cross the "border" between a slave state and a free state without permission. That slave couldn't claim to be free just because they'd made it to a place where slavery was illegal. The fugitive slave law said that that person would be returned to a state of slavery if they were caught pursuing a better life north of the border. Anyone who helped them escape knowingly was also considered a criminal, even though slavery was illegal in their state.

"Does this law sound familiar? We're trying to pass those laws now! Would you label a fugitive slave a "criminal" and do everything in your power to return them to slavery? Would you insist that they "wait in line" behind the other slaves who were "doing it the right way" and "following the rules" by pursuing the option that some masters held out to their slaves of allowing them to "buy" their own freedom by taking on extra work over the course of decades... only to leave their families and children behind because they were still property? Would you lambast those citizens of the free states who hired former slaves and provided housing for them as "part of the problem"? I hope that in this day and age, the answer to these rhetorical questions is obvious.

"Do you understand that the desperation that drives people to leave behind family and community and risk their lives to travel hundreds and thousands of miles and be treated like a fugitive is the same kind of desperation that drove slaves to flee to the freedom of the north? Do you understand that it is not the lowlife criminals of these poverty-stricken nations that try to make it to the USA, but the most motivated, disciplined, hard-working and inspired citizens?"

I doubt I'd actually be able to make that argument without being shouted down, but it's what I'd want to say. If a law is immoral, then persons of conscience have a moral obligation to fight against it and defy it. The laws that try to drive hard-working immigrants from our nation by treating them worse than we treat our pets and livestock are immoral, and I applaud those immigrants who put their lives on the line and endure the brand of "criminal" to work for a better life for their family. We need more citizens with this relentless drive to wrest a living from their own sweat, blood and tears.

- "A lousy hundred bucks? Is that all my blood and sweat is worth?"

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