1. (Add'l) thread on new immigration policies separating parents from children at border. I'm outraged, yes, but my goal here is to provide some background and context for why, as matter of policy, the outrage is justified. There seem to be 2 arguments to justify this policy.
2. The first is that b/c these migrants are illegal, they are suffering a fate no different than if I was busted for some criminal conduct and separated from my kids. This is a turn of phrase that is not based in law. People are not illegal. Conduct is.
3. Nearly a 100 years of law has rightfully distinguished between immigration violations and criminal violations. The term "undocumented" immigrant is a way of designating -- through Rep and Dem policies -- that the status of a migrant is not related to crime.
4. Different laws, jurisprudence and courts have been established recognizing this distinction. Undocumented immigrants can commit crimes (robbery, murder) but they are put through the criminal justice system for that reason.
5. "Illegal" is not recognized in law as a status, so those promoting this argument are actually the ones inconsistent with the law and practice.
6. It is also worth saying that for decades what has motivated our immigration efforts has always been "family unification" so this policy also flies in the face of longstanding efforts. In other words, by simply utilizing the word "illegal" does mean anything substantive.
7. The second argument in favor of the policy seems to be some notion that by being horrible, the US will curb the flow of these migrants. There is no proof this is true, historically or now, but reporters and activists should look at the May numbers.
8. What this argument also ignores is that our policy IS the magnet. Many (and I won't say all) of these families appear to be seeking asylum based on our laws and international norms. We are, again, acting inconsistent with legal guarantees by these separation policies.
9. I'm all for efforts that curb migration: helping our southern neighbors economically, helping to curb violence and drug flow (I'm looking at you US for creating the market), helping nations suffering from disasters (Haiti) etc. are self-serving and still important efforts.
10. But what constitutes a magnet or a shield in migration patterns is very complicated and it is why we have always put an effort in assessing individually the needs and status of those we apprehend on this side of the border.
11. Trust me, I couldn't sleep either. I'm likely a little more right of center on this stuff than many who are expressing their outrage. My goal is to provide context for you all that you not only have moral righteousness on your side, you have history, law and practice as well.
