Are illegal immigrants criminals? NOT!?

Question

By Ken Schoolland


I hear it from some of the nicest people one would ever meet. Some dear friends of mine, whom I respect very much, say that all illegal immigrants are criminals because they broke the laws that control who may come into this country. And since these immigrants are criminals, we don¡'t want that kind of person here.
Sadly, such accusations confuse what is legal with what is moral. American history is filled with people who broke unjust laws and were morally justified in doing so.


Legality ≠ Morality
The American Revolution was fought by men and women who broke the laws of England and of King George III. Had they been arrested, as was Nathan Hale, they would have been hanged for treason to the Crown. If breaking the law makes one a criminal, then the Founding Fathers were all criminals. But no one still believes that today.
Dred Scott and thousands of other slaves defied the Fugitive Slave Acts and ran away, "stealing themselves" from Southern plantation masters in the early 1800's. Those who were arrested were returned to their slave "owners," and anyone found trying to help them escape to Canada was prosecuted as well.
Thankfully, many juries exercised jury nullification. Declaring that the law was unjust, juries often refused to convict operators of the Underground Railroad. No one today would claim that a runaway slave was a criminal. Indeed, anyone who forcibly returned Blacks would now be considered guilty of having collaborated with the slave masters — albeit legal slave masters.
In the 1930's there were hundreds of Jews who came to American shores aboard the SS St. Louis, forcibly sent back by immigration quotas to perish in Hitler's concentration camps. Thousands or millions of potential refugees watched in desperate disappointment.
But suppose those passengers had defied immigration law and jumped ship in Miami harbor. Would anyone today call them criminals? I think not. Indeed, those who returned Jews to their persecutors might be considered guilty of collaborating with villainy — albeit legal villainy.


Treasures of the Earth
It may be illegal for people to seek freedom and opportunity in this country, but it isn't immoral. I admire the courage of immigrants who leave all that is familiar to them, risking life and limb on stormy seas and deadly deserts, in order to move to a strange land where everything is unfamiliar and potentially hostile.
Most of our ancestors moved for freedom and opportunity and we are the beneficiaries. Thank God they weren't arrested and sent packing, as were violators of the Chinese Exclusion Act. Indeed, we might wonder if we could have mustered the same measure of courage if we had been in their shoes.
It is convenient and simple to exclude new newcomers by calling them criminals. But the real reason is much more complex. For some people it is a fear of other races. For others it is a fear that newcomers might work hard and will "take" jobs. Others fear the opposite — that newcomers will not work hard and will take welfare.
In the first case, many immigrants are great entrepreneurs who offer jobs to Americans. Other immigrants take jobs, but they never "take" jobs that are not willingly offered to them by eager employers.
I often ask audiences: "Suppose you are an employer and you know only one thing about two job applicants in front of you: one is native-born and the other is an immigrant? Who would you expect to be the harder worker?" Audiences overwhelmingly favor the immigrant. Why? Americans are surely good workers. But the very act of migration is seen as proof of vigor, ambition, determination, and courageous self-reliance.


Choice: Employees Right, Employers Right
Americans have a moral right to make these choices for themselves — as employees and as employers. Says Robert W. Tracinski, a senior writer for the Ayn Rand Institute:


"The irrational premise behind our nation's immigration laws is that a native-born American has a 'right' to a particular job, not because he has earned it, but because he was born here. To this 'right,' the law sacrifices the employer's right to hire the best employees — and the immigrant's right to take a job that he deserves. To put it succinctly, initiative and productiveness are sacrificed to sloth and inertia.
"The 'American dream' is essentially the freedom of each individual to rise as far as his abilities take him. The opponents of immigration, however, want to repudiate that vision by turning America into a privileged preserve for those who want the law to set aside jobs for them — jobs they cannot freely earn through their own efforts....Any immigrant who wants to come to America in search of a better life should be let in — and any employer who wants to hire him should be free to do so."

To the legalist, however, who places law above moral right, the employer who hires as he pleases is a criminal. The legalist wants stricter penalties against employers who defy state mandates on hiring. Once again this is reminiscent of historic laws that were used to criminalize employers who dared to hire Blacks, women, and Jews. Violations were illegal, maybe, but not immoral.


Welfare Magnet?
But what of the immigrant who takes welfare? Isn't this a burden on society that must be stopped?
Yes, it is. But politically powerless newcomers are no more responsible for the welfare system in this country than they are responsible for the tyranny and corruption in a country that they are fleeing. Okay, stop the flow of welfare, but at the same time remove the plethora of [anti-] labor laws that make it difficult for newcomers to be hired.
It is wrong to assume that most immigrants come to America to get on the welfare gravy train. If this is true, then immigrants would be moving away from states with the lowest welfare and into states with the highest welfare.
My research (The Journal of Private Enterprise, Spring 2004) demonstrates that the opposite is true. In overwhelming numbers, both the native-born population and the foreign-born population through the decade of the 1990's moved away from states with the highest welfare and into states with the lowest welfare. While there are some high profile exceptions, most immigrants seek opportunity, not welfare.
The brilliant economist, Julian Simon, demonstrated that immigrants are a great source of productivity and economic growth. They always have been. Simon declares that most wealthy industrial nations will depend on the productivity of immigrants to provide revenues for the increasingly costly welfare demands of a native-born population.


Moral Principles
Governments do not decide morality. Governments behave morally when upholding moral action and behave immorally when suppressing moral action. Morality is based on principles far more constant and profound than the variant whims of majority votes.
The people who understood this best, were those rebels who defied the law of the day to pen these words: "WE hold these Truths to be self-evident, that all Men Are Created Equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness."
To George Washington this meant, "...­the bosom of America is open to receive not only the opulent and respectable stranger, but the oppressed and persecuted of all nations and religions, whom we should welcome to a participation of all our rights and privileges."

Answer 1

I liked the first parapraph of the "Treasures of the Earth" part!

"It may be illegal for people to seek freedom and opportunity in this country, but it isn't immoral. I admire the courage of immigrants who leave all that is familiar to them, risking life and limb on stormy seas and deadly deserts, in order to move to a strange land where everything is unfamiliar and potentially hostile."

Answer 2

There's a Major Difference. The So-Called Illegal Immigrant is a Criminal by Government and the Criminal Immigrant is Criminal by Law. Author, Eddie Smith.

Answer 3

If you go to Walmart and try to sneak in through a back door even the the main entrance is open to all shoppers you will be arrested for tresspassing if you are American and sneak across back to the u.s through un official crossing without being seen by custom you will be arrested guaranteed it's the law a federal crime felony it doesn't matter you can be a lily hire blue eyed blonde English speaking flag waver w.a.s.p

Answer 4

Forgive me for not reading your entire 'question', but the answer is yes, they are criminals. They have entered this country illegally, by passing customs and ignoring the laws of this land and EVERY nation on Earth. In fact, you may be interested to know that the penalties for illegal aliens found in Mexico are extraordinarily harsh by American standards.

Secondly, by staying and working in this country they continue to break laws. They evade taxes, which is a felony. Many steal identities and operate under false identities which is a felony. They take advantage of government funded social programs that have been paid for by American citizens for American citizens. Programs that they, as non-citizens, have not contributed to. It can be argued that this is theft which, at this level, would be a felony.

Finally, can't you make your point any more succinctly?

Answer 5

Yes, by definition, they have broken the law. Most continue to break additional laws to fascilitate remaining in the country, as well.

Now, it is a bit of a leap to say that someone has broken a law that they are a criminal 'type' and thus undesireable. For instance, it is possible to break laws unknowingly, and it is also not unusual to break laws as a matter of civil disobedience when a law is unjust (in such cases, though, you do not evade punishment - accepting said unjust punishment is part of making your point). Neither of those cases would be immoral, even though they do represent breaking a law.

I don't think either of those cases aply to illegals, though. They willfully break the law, they do it to gain tangible benefits, not as a form of protest, and they try to evade capture and punishment (even though the punishment is very mild - deportation). With greed as the motive, and an evident lack of contrition, judging such a crime also amoral is not entirely unreasonable.

But, personally, I would prefer to ignore the moral dimension. I think it is dangerous to judge people, even criminals, for anything beyond the actual crime committed. It is far too easy to go from merely maintaining the rule of law, to persecuting or favoring a group when you start adding in moral judgements.

...

"To George Washington this meant, "...­the bosom of America is open to receive not only the opulent and respectable stranger, but the oppressed and persecuted of all nations and religions, whom we should welcome to a participation of all our rights and privileges.""

An inspiring quote. America /does/ accept political refugees - those who face oppression and persecution in thier homelands - from arround the world. Most illegals, however, are not political refugees.

Answer 6

Lets spell it out for you. Definition of illegal


Illegal immigration refers to immigration across national borders in a way that violates the immigration laws of the destination country. Under this definition, an illegal immigrant is a foreigner who either has illegally crossed an international political border, be it by land, sea or air, or a foreigner who has entered a country legally but then overstays his/her visa in order to live and/or work therein. In politics, the term may imply a larger set of social issues and time constraints with disputed consequences in areas such as economy, social welfare, education, health care, slavery, prostitution, crime, legal protections, voting rights, public services, and human rights. Illegal emigration would be leaving a country in a manner that violates the laws of the country being exited.

Answer 7

Every country in the world has immigration laws.

Every country in the world enforces them.

Citizens have the right to DEMAND that its government enforces its immigration laws.

Period.

Your novel, which I didn't read (and it appears few others did either), does nothing to change these facts.

Answer 8

some are man, yes they can be nice, but people unidetified, for all u know we dont know **** about these people,, and ur an idoit comparing back then to know really im not going to read that crap i get wat ur saying, u need to know that so many illegals do ****, and then there underpaid,, to cause the boss be like i will pay u crap if u dont like it i will tell that ur illegalll, also wat about the american citizens hu. DUDE ur really dumb the goverement knows were u live and a little about u,, so if u kill someone like the president they find u like that illegals can be rapist, wat if u got rapped by an illegal, really hu, u can get rapped by united states citizens, to but they can probally find U.S. person, anyhow that not the point,
AND illegals who get free health care, that means tax payers, have there taxes raised, to pay for illegals who come in and get a free crap,. then also THEY SEND The kids who cant speak english to school

my freacking little brother, has like 3 illegals in his class they go slower cause pablou, and wat not, have to learn a new freacking launge, and his teacher isnt certifaied to speak spanish, so it hard for both, people, then the schools have to get bilugal teachers, then were they get the money the middle class, tax payers, it dosent effect the rich there, rich poor people usually dont pay taxes, oh but home owners do, okay so shut up and reseach some more u idoit

Answer 9

Well that was really long.
In fact I didn't even finish it, you pretty much covered it when you started by trying to say that "ILLEGALS" are not criminals. The FACT that they are called ILLEGAL should cover their criminal status.
And trying to preach that if the law is unjust and doesn't work for a particular group it is OK to break it just adds fuel to the fire.

HEY AMERICANS, the laws aren't working for us. The Government is working for the Illegals.
That's not fair to us, lets say the hell with the unjust unfair and Constitutionally violating Government and illegals and get rid of both. Since the laws are not working for our particular group, it is OK to break them, lets do it. It will be OK, it is for the future of our country.

Your stance justifies that stance.

History is always written by the victor, wanna see who writes about this chapter bub?

Answer 10

Do they break our laws? Yes. Therefore they are criminals.

Do they steal something in the nature of 100 billion a year? Yes. Theft is not a moral act, therefore they are immoral criminals.


Sorry, any attempts to validate and justify crime simply fails. Especially when, as in this case, the crime is done for purely financial gain.