Who’s behind the law making undocumented immigrants criminals? An ‘unrepentant white supremacist.’
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Feel free to reply to any comment by clicking the "Reply" button.I read this article as carefully as I could in 15 minutes. It was a good article on the surface, meaning that it gave a clear context in which Section 1325 came to be written: the who, what, when, where, how and why. As I say, it did a good job of that, but I would imagine there is a deeper purpose in it's writing that crosses a line.
The fact is that it is a crime in most countries to sneek across its borders and to live "unofficially." If one were to be found out, the penalities can be quite stiff. I lived in the PRC for nearly 20 years. Let your visas expire there and see what happens: you're fined ¥500 ($72.83) for each day you were there illegally. If you don't resolve your visa issue within a certain period, and pay your fine, you are deported, and you can't come back. Now, that's what happens if you just overstay your visa, meaning you started out being legal. Now, back to our law.
By putting Section 1325 in a negative historial context, I expect that the WP hopes to generate support for its repeal. The problem I have with this is that it is a kind of "ad hominem" attack, meaning something like "since the writer of Section 1325 was a racist, Section 1325 should be repealed." I don't think one has to be too bright to realize the faltiness of this line of thinking. The reason "ad hominem" is considered a rhetorical error is because any idea can be rejected simply on the grounds that one dislikes the person who proposed it. (Bob says 1+1=2. Bob is an asshole. Therefore, I do not accept Bob's idea that 1+1=2.)
I've travelled internationally more than most Americans have. As I said, I lived in China for nearly 20 years. In the summer, I often work in Rome, and I've visited about 15 other countries. I've never done the math, but it would be interesting to know how many hours I've spent going through customs and passing through immigration checkpoints. It is patently obvious that it is illegal to attempt to circumvent this process and for good reason!
I may not agree entirely with how Section 1325 is enforced, but I agree with its existence, and it doesn't make the slightest difference to me, nor should it to anyone else, who wrote it.
Diogenes
Level 6
June 30, 2019
2
What other aspects of China and other countries' systems should we adopt just because that's how everyone else does it? Also the issue isn't that a white supremacist influenced a law, the issue is that white supremacist ideas influenced the law. And looking at the John Tanton-founded organizations and their influence in the Trump administration and it's clear not much has changed.
I'll add that the way you describe the Chinese system, it's not obvious that it's more harsh than the US system.
@WilyRickWiles Let's not muddy the water: what part of this is racist in your opinion:
8 U.S.C. § 1325 - U.S. Code - Unannotated Title 8. Aliens and Nationality § 1325. Improper entry by alien
(a ) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts
Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under Title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under Title 18, or imprisoned not more than 2 years, or both.
(b ) Improper time or place; civil penalties
Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of--
(1) at least $50 and not more than $250 for each such entry (or attempted entry); or
(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.
Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.
(c ) Marriage fraud
Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.
(d ) Immigration-related entrepreneurship fraud
Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with Title 18, or both.
@DavidQDauthier It's the legal history and the intent behind changes in the law that reveal the underlying racist philosophy.
@WilyRickWiles So you're saying the law is racist because the person who wrote it was racist, is that right?
@DavidQDauthier No. Consider three scenarios:
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An individual who happens to be racist writes a law that requires business to pay a 30% tax on their income. He bases this on his knowledge of Keynesian economics. The law is not racist even though the person who wrote it was racist, because it does not have any racist provisions and was not based on a racist philosophy.
-
That same individual writes a law that criminalizes civil immigration violations. He bases this on his nativist and eugenicist philosophy. The law is racist not because the person who wrote it is racist or because it has any racist provisions, but because it was based on a racist philosophy (i.e., it was designed to achieve a racist outcome).
-
That same individual writes a law with racial immigration quotas. He bases this on his nativist and eugenicist philosophy. The law is racist not because the person who wrote it is racist, but because it has racist provisions and because it was based on a racist philosophy.
I agree with each of your three scenarios. You say that a racist may write a non-racist law, but that some laws may be racist due to the fact that they are either 1. based on racist philosophies or 2. contain blatant racist provisions. Once again, I agree, and you seem to be saying that Section 1325 would fall into the second of your three scenarios, is that correct?
- Generally:
If so, I focus my question, what part (or parts) of Section 1325 is based on racist philosophy?
Specifically:
- Is it racist to believe that some people try to enter the US:
-Under false pretenses?
-Surreptitiously?
-Through sham marriages?
-Through sham businesses?
- Is it racist to make laws to limit and/or to punish these activities?
@DavidQDauthier I would argue that pretty much all of our immigration laws starting with the Chinese Exclusion Act have been racist. Originally, you just had to live here for a certain number of years. That changed when non-WASPs started showing up and nativists started getting upset. In isolation I don't particularly take issue with civil penalties or penalties for fraud, but I know that dysfunction has been engineered into our immigration sudden across the board--just ask an immigration lawyer. Moreover, I suspect that the outrage about fraud is manufactured by nativist organizations and not based on any credible statistics.
Regardless, the immediate issue, and the legal subject of the article, was the part of the law that makes it a misdemeanor to cross the border illegally, which is often precipitated by border agents profiling migrants to tell them the port of entry is full. Not only was it problematic when written, but today the Trump administration is leveraging it to carry out a nativist agenda to treat migrants worse than criminals in terms of conditions, family separation, and due process.
@WilyRickWiles I agree with most everything you have said, particularly in the case of the Chinese Exclusion Act, about which I've read extensively. No legitimate American, I believe, could or should be against immigration. It would be extremely hypocritical, to say the least, for anyone of European stock to oppose immigration for reasons that I hope are obvious.
In point of fact, currently, the US admits approximately 1 million legal immigrants each year from countries all over the world, and no one is trying to stop that. Some of the dearest and most beloved people in my life are immigrants. Some of the most important citizens in my community of Redmond, Washington are immigrants, and no one is upset about that--at least they shouldn't be. That's what America is about.
The issue is illegal immigration, and, forgive me, but I still cannot detect even the scent of racism in Section 1325. I asked you to enlighten me by stating clearly which parts of Section 1325 are based on racist philosophies, and you have yet to do that. I believe in strong borders, and I believe that immigration is a privilege not a right, so perhaps I'm blinded to what you appear to feel is painfully obvious.
Will you please enlighten me? Please explain which part (or parts) of Section 1325 is based on racist philosophy. You have argued that Section 1325 falls in your scenario 2, but I think it should fall into your scenario 1. How am I wrong in thinking this?
@DavidQDauthier Organizations like FAIR, which is embedded in the Trump administration, are looking to decrease legal immigration, particularly non-white immigration.
@DavidQDauthier It's all tainted and I don't have time to disentangle it at the moment.
FAIR was founded in 1979, so it had nothing to do with the writing of Section 1325. Even if it did, which it didn't, that doesn't answer my question.
@WilyRickWiles Well, when you find the time to "disentangle," I look forward to your answering my question. Thanks in advance.
Who cares if a White Supremacist created this law? There are many more people that aren't White Supremacists that support it. I guess we should just open the flood gates, let everyone through so we can all hold hands and sing kumbaya or something?
JobyOneKenobi
Level 7
June 30, 2019
0
Who cares? The law was based on white supremacist ideas and now those ideas are again being used to justify new immigration policies. Here's a couple things we should do: stop treating people caught up in the civil immigration system worse than criminals and grant citizenship to people who have lived here for decades or since childhood.
@WilyRickWiles yes who cares. Does every country that has immigration policies have a history of white supremacy? No. This country already accepts a million immigrants legally every year. Isn't that enough?
@WilyRickWiles I agree with granting amnesty for existing illegals now but the leaky faucet needs a new o-ring.
Interesting read, yet not surprised there are still some old Crow laws hidden in our laws.
criminey359
Level 7
June 30, 2019
1
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