6 thoughts on “The War on Immigration (Legal and Otherwise)

  1. A game I played with my dad and his not-quite-a-wife life partner was “In terms of the degree of moral gravity involved, what crime do you think most closely resembles reentry into the United States without a visa?” (By which I meant “unlawful reentry,” 8 USC § 1326, which is where you get significant responses from the US criminal justice system, and bear in mind that “unlawful reentry” doesn’t always mean the act of crossing the border in some fashion despite the terminology; it often means “being found somewhere in a US jurisdiction.”) Anyway, the question was, compared to some other crime, what’s the equivalent moral gravity of “illegal immigration”? And I’ve played this game with a few other conservative people as well.

    The answers I get back from conservatives most frequently seem to be, “armed robbery” (like sticking up a liquor store with a gun) and “sexual assault.” My guess is that these are crimes that conservatives associate with that class of people they describe as “illegal aliens,” and aren’t thinking about how a) there are already laws against robbing liquor stores and sexually assaulting people, and b) the act of entering the U.S. is something that can and should be viewed as discrete from other kinds of crimes because c) immigrants both “legal” and “illegal” commit crimes of all categories at measurably lower rates than natural-born citizens.

    My answer is, “Driving without a license.” This seems pretty close to me, because it’s something the government has made a ministerial offense, which is to say it’s something the government has required that one get a piece of paper from the government before one does it, usually involving some substantive showing of eligibility and the payment of a small but greater-than-trivial amount of money to the government. But by itself, doing this thing doesn’t actually cause harm to anyone. It might, however, lead to a greater risk of some other harm, already made illegal by other laws, manifesting. (Causing an accident that hurts people in the one case, or obtaining employment that edges a citizen or green card holder out of an opportunity in the other.) So there is some enhanced risk of future harm that we can identify from the noncompliance with the ministerial regulation.

    Now, Ordinary Times alum Jason Kuznicki properly points out that there are epistemological problems with my construction of this problem, since some crimes derive moral gravity from their intent and others derive moral gravity from their effect, and shorthand descriptions of crimes often leave the description of these two factors ambiguous. Which is completely true, Jason is a really smart dude and I respect his opinion whether or not I agree with him.

    But it’s also a finer degree of philosophical analysis than most people are going to dig down into. I think for purposes of discussing how urgent a problem this is and what the appropriate governmental response to it might be, we can dispense with being super careful about how we craft the question. And until we can reach some consensus on how morally grave illegal reentry is, it’s going to be very difficult to form coherent policy about it.

    1. Oooooh, that’s a good one.

      Here’s my answer: “Crossing a picket line” (or, crudely, “being a scab”).

      Is it morally wrong? Well… That’s really complicated.
      Is it somewhat corrosive to the social compact? Well… that’s really complicated.
      Should the government involve itself? Well… that’s really complicated.

      WAIT WAIT WHY ARE THE UNION MEMBERS REVOLTING

      1. I don’t think it’s even illegal to cross a picket line! It’s scummy to do, in my opinion, and maybe not a great idea from a safety or economic perspective depending on… Factors.
        But I don’t think it breaks any law.

        1. It’s not illegal. I’m pretty sure that laws have been passed to make it explicitly legal in a hell of a lot of states (and I’m only hesitating because I’m pretty unsure about Michigan).

          I agree that it’s not illegal.

          I’m only speaking in terms of moral gravity.

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