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A Compassionate View of Immigration Policy

By TChris, Section Social Justice
Posted on Fri Apr 14, 2006 at 08:00:09 AM EST
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by TChris

A federal appellate judge has taken a stand in favor of a compassionate approach to enforcement of immigration laws.

Judge Maryanne Trump Barry wrote in a court opinion this week that immigration regulations designed to combat terrorism sometimes left judges no choice other than to order the deportation of "decent men and women."

She asked U.S. Attorney General Alberto Gonzales to intervene to prevent the deportation of Malachy McAllister, making reference to the famous poem by Emma Lazarus welcoming immigrants at the Statue of Liberty.

"I refuse to believe that 'Give me your tired, your poor, your huddled masses yearning to breathe free ...' is now an empty entreaty. But if it is, shame on us," Barry wrote in a concurring opinion to a ruling Monday by the 3rd U.S. Circuit Court of Appeals that upheld the deporation order for McAllister.

Judge Barry takes issue with the right-wing refrain that "everything changed after 9/11."

"We cannot be the country we should be if, because of the tragic events of September 11th, we knee-jerk remove decent men and women merely because they may have erred at one point in their lives," Barry wrote. "We should look a little closer; we should care a little more."

Judge Barry's concurring opinion follows the lead opinion here (pdf).

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    A Compassionate View of Immigration Policy | 5 comments (5 topical)
    Re: A Compassionate View of Immigration Policy (none / 0) (#1)
    by Daniel Millstone on Fri Apr 14, 2006 at 08:55:02 AM EST
    The arbitrary manner in which US Immigration law has been applied by adminstrative judges and appellate panels (which work directly under the supervision of the Justice Dept.) has led to some startling reversals in the Circuit Courts of Appeals. Judge Posner's language has stood out in for its critique of the Immigration Courts. So far though, reversals, criticism of policy and calls for humane law enforcement have not caused an outbreak of Justice in the so-called Justice Department.

    Re: A Compassionate View of Immigration Policy (none / 0) (#2)
    by aw on Fri Apr 14, 2006 at 09:13:01 AM EST
    I guess just about any activity can be twisted into terrorism. It's defined so broadly.

    Re: A Compassionate View of Immigration Policy (none / 0) (#3)
    by Talkleft Visitor on Fri Apr 14, 2006 at 10:12:52 AM EST
    Here's another poem she could have sent: Kumbaya, my Lord Kumbaya Kumbaya, my Lord Kumbaya [repeat until physically ill] While McAllister probably doesn't qualify as a "terrorist", he is indeed a former member of a paramilitary group. And, if I read the report correctly he overstayed his tourist visa.

    Re: A Compassionate View of Immigration Policy (none / 0) (#4)
    by Talkleft Visitor on Mon Apr 17, 2006 at 01:00:32 PM EST
    I guess just about any activity can be twisted into terrorism Are you kidding? He served jail time for being an accessory to a paramilitary shooting and was a member of one of the more psycho terrorist gangs in Norn Iron. Probably half the reason he doesn't want to be sent home is because Irish people are less inclined to view republican terrorism as romantically as Americans are. He's a hero (in the small pond he swims in) in the US, just another scumbag at home.

    Re: A Compassionate View of Immigration Policy (none / 0) (#5)
    by Talkleft Visitor on Mon Jul 03, 2006 at 06:44:02 PM EST
    Speaking of immigration policy: during this July, a searchable archive called IssueLab will be featuring nonprofit orgs and the research they have produced on the issue of immigration. The Urban Institute, Economic Policy Institute, and the US Committee for Refugees and Immigrants (USCRI) are just a couple of nonprofits that have already posted their research online for your perusal. IssueLab serves as a centralized site on which nonprofits can list their research works at no cost, and anyone interested can search and access them. Check out their call for current and historical research on immigration at www.issuelab.com. It's amazing that we're seeing so much exposure on the question of immigrant rights right now, when this is really a matter close to the heart of American democracy itself--this country was founded by immigrants. What I feel like many people don't realize is that politicians aren't the only ones speaking out loud and clear on this issue. I think that the research carried out by nonprofits in the United States can offer a lot to discussion. Nonprofits often deal with immigrants on a personal basis and see both the struggles and opportunities in these people's lives. Not only do they observe the effects of current policy in the area of immigration, but they drive the formation of new policy at both the macro and micro levels. In discussing any controversial issue like this one, it's essential to look at the facts behind the stereotypes and hype. For example, of the total number of immigrants in the United States today, how many are legal and how many are illegal? What kind of numbers are we talking about when estimating the costs to the economy by illegal (and legal) immigration? Is it really true that, statistically speaking, immigrants are "stealing" Americans' jobs? What kind of hard and soft goods have immigrants contributed to American society in the past and present? Nonprofits work hard to provide the public with basic facts in answer to these questions, and also spend tons of time researching the pros and cons of current policy. They are the ones in the best position, I think, to truly offer a compassionate view.

    A Compassionate View of Immigration Policy | 5 comments (5 topical)