
The White House’s position on undocumented immigrants is that “they are all criminals.” Press Secretary Karoline Leavitt has repeatedly stated that all illegal immigrants are criminals. She groups violent offenders with all undocumented immigrants, including children.
The justification for the current treatment of undocumented immigrants is that “they broke our immigration laws.” Whenever a politician, media pundit, or anti-immigrant activist approves of the denial of due process to the undocumented, they always end their position with the words: “they broke our immigration laws.” I am convinced that people do this because they have no idea what the United States of America’s immigration laws are.
I state this because people present the idea that the breaking of any of the American immigration laws is a serious crime. Therefore, abductions by unidentified masked men, denial of due process, and incarceration in concentration camps are appropriate. What are our immigration laws? And are they severe crimes under federal law?
The two most common immigration laws broken by undocumented immigrants are entry without inspection (EWI) and overstaying a visa. It is estimated that 54% of undocumented immigrants enter the United States without permission, EWI. I realize the idea of people entering without permission infuriates many citizens. However, strictly looking at this violation through the eyes of the law. An EWI is a misdemeanor.
It is difficult to find a common comparable crime in federal law. The best reference point I can provide is speeding on a federal road. Federal roads are not common around the country. The George Washington Parkway in Virginia and Washington, DC is a federal road. Speeding on the GW Parkway is a federal equivalent of entering the United States without inspection.
To simplify, an EWI is a federal misdemeanor equivalent to a Class B misdemeanor at the state level. Entering the United States without permission is the equivalent of breaking the speed limit. During Trump’s presidential campaigns, he often referenced a “catch and release” policy held by Obama and Biden for immigrants caught at the border. However, for most of modern history, the United States has similarly treated EWIs as routing traffic stops.
Border patrol agents would catch illegal border crossings, provide the trespasser with a citation that would lead to a court hearing, and let the individual go of their own free will. Similarly, when most people are pulled over for speeding, they are given a citation, and a follow-up court date can be assigned if the individual doesn’t pay the fine.
A key difference is that if you pay the speeding ticket, no court appearance is necessary. All EWIs are required to attend court. The main point that I want to make is that about half of all undocumented immigrants are guilty of a misdemeanor. An EWI is a criminal offense, but a far cry from a felony, which is how the undocumented are depicted.
I also want to note that I’ve been driving in the United States for 30 years, including the GW Parkway, as I live in the DMV. I would say that nearly 100% of drivers in this country break the speed limit daily. Speeding tickets are rare in comparison to the frequency with which this Class B misdemeanor is violated. And citizens are not held accountable for the retroactive infractions committed that a police officer did not cite. It is hard to believe that Americans are as passionate about following the law as they are about referencing “our immigration laws.”
The second most common immigration infraction is overstaying a visa. This is the immigration infraction that Melania and Ivana Trump most likely committed during their courtships with Donald. Unlike an EWI, it is not a criminal offense. Overstaying a visa is a civil offense. It is estimated that about 46% of undocumented immigrants are guilty of this civil violation. Again, there is no perfect equivalent. The most similar infraction would be a parking violation.
Not a parking ticket, but parking illegally without receiving a ticket. This is the infraction that I am guilty of. Sometimes when I give a talk on immigration, I use this analogy. It’s like I park my car every day in a no-parking zone, but I don’t get a ticket. I realize this idea also enrages many on the right. Let me clarify that while I am not currently paying a citation. I do pay taxes. And based on the tax returns we have seen of the president. I pay a hell of a lot more in taxes than Trump does. I pay into a social security and Medicare system that I have no access to. Immigrants like me do pay during our time here.
I also use the parking violation reference because, like speeding, I see people violate this law daily as well. From my perspective, Americans seem to choose which laws to love and which to conveniently ignore. There is an immigration law that is a felony.
Going back to an EWI. You can commit a felony one of two ways if you receive an EWI. The first is if you simply do not attend your assigned court hearing after receiving an EWI. Similarly to not paying a speeding ticket and not attending court for that infraction will have more severe consequences. If a recipient of an EWI doesn’t attend their court hearing, they are now charged with a felony that will lead to removal orders. The second way is if you do attend your EWI court hearing and are given an order to leave the United States. If you do not leave the country by the date the court sets, that individual is now guilty of a felony.
There are an estimated 1.5 million non-citizens with outstanding removal orders. The estimated number of undocumented immigrants in the United States is in the low teens of millions. Roughly 10 to 15 percent of illegal immigrants are guilty of an immigration felony. Using the law as a reference point, grouping every undocumented immigrant with those who have removal orders or are guilty of a violent crime is as logical as grouping every American who has committed a misdemeanor or civil infraction with those found guilty of a felony.
I realize this may feel like semantics to many. However, the abductions of people by unidentified masked men, the denial of due process, and the incarceration of people in concentration camps are conveniently justified by casually labeling anyone this administration deems undesirable as a criminal. That is an actual egregious use of semantics.
I do not include violent crimes on this list, along with other crimes like drug or property crimes, because they are not a violation of immigration laws. Those are crimes that anyone can commit, not just the undocumented. I do think it is worth noting that the data tells us: U.S.-born citizens are over 2 times more likely to be arrested for violent crimes, 2.5 times more likely to be arrested for drug crimes, and over 4 times more likely to be arrested for property crimes compared to undocumented immigrants.
More importantly, undocumented immigrants want to see illegal immigrants guilty of violent crimes deported from the United States as well. We have no sympathy for murderers, drug traffickers, and human traffickers. The undocumented are particularly vulnerable to these criminals as they often reside in the same communities. We just don’t want to group with them any more than car drivers want to be grouped with convicted felons. The issue for the Trump administration’s mass deportation policy is that the number of illegal immigrants who are guilty of violent crimes is only in the tens of thousands.
I do have sympathy for anyone whose only crime is an outstanding removal order. I don’t know their story. I don’t want to judge people in ignorance. I realize life is never that simple, and people can have good reasons for why they ignore the removal order. No more than I want to judge people who call undocumented immigrants: subhuman, illegal, or just don’t care what happens to them as long as they are deported. Again, I don’t know how they got to a place where they couldn’t see the undocumented as their neighbors. I want to love both groups and serve both groups, as they are my neighbors
The truth is that Americans can easily change their immigration laws if they want. Americans could make all immigration infractions felonies. I actually would prefer if racial profiling became a legal law enforcement practice. Not because I support discrimination. But because I would like to see ICE agents remove the masks, and because it would be less confusing when a federal agent arrested you just because of your race. My real preference is that all these draconian practices stop, and we could return to the rule of law. However, if the current Gestapo-like practices are going to continue, then just make them legal. Ultimately, it is up to us as to what type of society we want to be.
We are the ones who have to decide who is our neighbor, and what type of neighbors we want to be. If the abductions of people by unidentified masked men, the denial of due process, and the incarceration of people in concentration camps are exactly what you voted for. I can’t fault you for that; it is not my right to do so. Just don’t try to justify what is happening with lies. Don’t pretend to love the law when you don’t follow the law. Don’t pretend that one misdemeanor or civil infraction is far more severe than another misdemeanor or another civil infraction. Don’t justify atrocities behind the guise of laws you clearly don’t understand. And don’t pretend that the current immigration raids are not discriminatory. Be honest and transparent, nothing you yourself don’t demand of others.
For my part, I grew up in America. My parents brought me here when I was 8. I have spent my entire life here, loving this country. As an adult, I have always gone out of my way to buy American-made goods. Not out of a sense of patriotism, but because I care about jobs here. I care about my neighbors. Over the past decade, we have lived through an anti-immigrant movement that created a deep conflict inside undocumented Americans like me. I grew up believing that beneath all the rhetoric, Americans are good and decent people. With deep roots in Christianity and an unwavering faith in Jesus Christ. Trusting in God, defending freedom, valuing courage, and believing that any person here could realize the American Dream if they worked hard enough for it.
I grew up pledging allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all. I have never broken that pledge. As I watch the Constitution continually being violated by the executive office. I am left wondering, how does my country feel about me? And how do I feel about my country? Are we only to be your neighbors when the mood suits you?
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