Immigrant rights activists were in the street yesterday in New Mexico in support of a bill that that would repeal a state law that makes it illegal for undocumented immigrants to get a drivers license in that state. New Mexico is one of two states that grant drivers licenses to illegal immigrants. Utah is the other. Law suits and legislative challenges are already being prepared. Rallies are being planned. The courts are looking into the matter.
Proponents of the measure argue that the law would help bring illegal immigrants out of the shadows and strike a blow against the various industries that cater to providing false documents to illegals. Said one illegal immigrant, "it is difficult being undocumented and not having identification." I imagine it is. It is difficult for any person who has violated the law to live a normal life. Entering the country illegally is a crime. Like all criminals, those who violate our nation's immigration laws must keep a low profile and keep an eye out for the authorities. Just as drug dealers, burglars, and prostitutes must be vigilant while plying their trades, illegal immigrants must be vigilant lest they attract the eyes of the authorities.
It is true that illegal immigrants are vulnerable to mistreatment, but that is an intrinsic part of their predicament . Those who have broken the law cannot always rely upon the law to come to their defense. Many years ago those who committed an especially outrageous crime were declared to be "outlaws." To be declared an outlaw was to be placed outside the law. As a consequence such people could not turn to the law for protection or restitution. They could be robbed and abused with impunity. Things have changed much since those days. Even serial killers can rely upon the law to protect them. Nevertheless, there are limits.
Those who have violated the law must be circumspect in their activities. If they are discovered they are subject to arrest and prosecution, or, in the case of illegal immigrants, deportation. That is not unfair. That is not cruel. That is precisely how things should work. The United States is a nation of laws, not prerogative. As it stands, it is illegal to be in the U.S. without documentation. That is the law. It is not a racist law. It does not single out one group. The law applies to all people regardless of nationality. It is as much a crime for a Swede to be in the U.S. illegally as it is for a Mexican. To allow law to be applied according to politics or sentiment is to undermine the rule of law.
Immigration laws are a federal matter, they are not state or local matters. States and municipalities are not at liberty to decide which federal laws merit enforcement and which don't. Certainly, discretion is allowed. But openly flouting the law should not be tolerated. Perhaps states have the authority to issue driver's licenses to those in the country illegally. Perhaps they have the authority to allow illegal immigrants the right to rent apartments or take part in state and local programs. That is a matter for the courts to sort out. But states do not have the authority to openly negate or ignore federal law.
Immigration has become a contentious issue in American politics. It excites passion on both sides of the issue. Many Americans are impatient at the pace of Washington. They do not want to wait for the issue to be resolved by Congress. Some will declare themselves to be "open" cities and welcome illegal immigrants. Some will decide to enforce the law even, or especially, if Washington doesn't. Some will attempt to pass their own laws out of frustration and hope to find favor in the courts.
Immigration is a matter of law. It is not an abstract matter of policy. Neither is it a matter of "justice". It is a matter that has real impact, both social and economic, on communities. As it stands, it is illegal to be in the U.S. illegally. If you do not like that law, change it. In the mean time, the government has an obligation to enforce the law.
State laws against illegal immigration do not exist in defiance of federal law. Indeed, they are only possible because of it. States have long passed laws to augment federal law. State laws such as those against drug trafficking exist alongside federal law with little friction. Why should state laws against illegal immigration generate controversy? It is only where state and local laws are passed in defiance of federal law that conflict arises and the federal government is obliged to step in.
So long as there are laws against illegal immigration states should not be grudged for enforcing those laws. Neither should they be grudged for seeking to enhance them. If people object to the nation's immigration laws they should seek to change those laws. Ignoring or flouting the law should not be an option. The friction that exists between state laws against illegal immigration and federal laws is essentially a political one. Some embrace laws against illegal immigration. Some abhor them. Some want those laws enforced, others want them ignored. Unless the courts step in and declare laws against illegal immigration illegal, the proper venue for that debate is the voting booth. Until then as long as there are laws against being in the country illegally, it should be illegal to be in the country illegally. There are federal laws against illegal immigration. States are obliged to observe federal law. Richmond was burned to make that point.
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