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ACLU: Stop the Criminialization of the Undocumented

The ACLU has released an issues brief arguing against the criminalizing of the undocumented. It's both unlawful and harmful to public policy.

The use by states and localities of criminal laws to go after undocumented immigrants simply for being undocumented is generally unlawful, because the federal government has sole power to regulate immigration.

[More...]

...More important, the federal government's decision to prosecute more immigration violations criminally has diverted resources from prosecution of serious violent and property crimes. As federal prosecutions for immigration law crimes such as illegal entry have increased dramatically, with prosecutors choosing to pursue 97 percent of all such crimes referred to them, federal prosecutors have had less time for prosecutions for gun trafficking, public corruption, organized crime, and white-collar crime.

The full brief is here.

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    Unfortunately, Jeralyn, immigrants have ... (5.00 / 1) (#2)
    by Donald from Hawaii on Sat Feb 06, 2010 at 04:08:21 PM EST
    ... historically always been a target by nativists in both this country and others, particularly as popular scapegoats during times of economic distress amongst the so-called "ignorant masses."

    I'm certainly not unaware of the increasingly onerous legal plight of the undocumented in this country, as my own parents-in-law were in fact "Mexican illegals" for nearly 30 years, until they were eventually given immunity during the Reagan administration. They became naturalized citizens only after my wife and I were married.

    Let's face some facts here. If we really want to have an honest discussion about the subject of immigrants (legal and otherwise), we must admit to ourselves publicly and forthrightly that there are underlying direct and tangential factors driving such punative legal behavior toward las migras, et al., and most all have to do with the gradually deteriorating conditions that have existed within the middle- and working-class personal and family economies over the past 40-plus years.

    The aforementioned "ignorant masses", i.e., those who comprise much of our middle and labor classes, have been under considerable economic stress since possibly the latter half of the Johnson administration; when sccounted for inflation, real wages and earning power amongst those masses have actually declined significantly since the Nixon administration. The years of so-called national prosperity under Presidents Ronald Reagan, George H.W. Bush and Bill Clinton saw a serious consolidation of wealth by the richest 5% of our citizens, at the ultimate expense of everyone else.

    Regrding the topic at hand, I would therefore offer my own sad and somewhat discouraging observation that you and your fellow attorneys who practice immigration law will have to engage in a defensive holding action in the courts for the time being, at least until the general economic plight of the middle and labor classes in our country is somewhat alleviated, and some sociological "breathing room" for rational emotional compromise can be established.

    But in order to do that, we must first somehow begin to convince the good citizens of Thomas Frank's Kansas to break their common cause with the Republicans and conservative Democrats on such divisive nativist and socio-economic issues as illegal immigration, and resist further attempts by their cynical race-baiting political "sugar daddies" to manipulate them into voting repeatedly against their own economic self-interests.

    Simply put, we have our work cut out for us.

    Aloha.

    Unfortunately, vile Tancredo will get (5.00 / 1) (#3)
    by esmense on Sat Feb 06, 2010 at 04:20:28 PM EST
    more mainstream coverage than this -- and in the process have his insanity validated as part of the mainstream debate. While the ACLU, as an organizaton, will be, as it routinely is, dismissed and ignored as far Left and out of the mainstream.

    The answer is right there (none / 0) (#1)
    by pluege on Sat Feb 06, 2010 at 03:28:42 PM EST
    federal prosecutors have had less time for prosecutions for gun trafficking, public corruption, organized crime, and white-collar crime.

    a.k.a. republican crimes: public corruption, organized crime, and white-collar crime.

    republicans are very organized. Don't expect to see any shift of diversions from republican crimes any time soon.

    I think the best compromise... (none / 0) (#4)
    by Jerrymcl89 on Sat Feb 06, 2010 at 06:41:17 PM EST
    ... is allowing illegal aliens (I do resist calling them undocumented, because they have broken the law) to, via some route, become permanent residents, but not allow them to become citizens. I think some things need to be reserved for those who played by the rules.But I also think a mass effort to deport ten million mostly law-abiding and productive people doesn't do anyone any good. And I think removing the partisan argument that the Democrats are trying to mass-legalize potential Democratic voters wouls make it easier to pass something.

    I see your logic (5.00 / 1) (#7)
    by Babel 17 on Sat Feb 06, 2010 at 09:12:00 PM EST
    but I think your solution would work to keeping them an exploited class.

    Consider communities where they are a sizable portion of the work force. If their employers were being unfair how concerned would elected officials be?

    Fwiw, in any debate about illegal workers I'm sensitive to the plight of lower income workers who are legal residents/citizens and who suffer due to the competition from this unplanned for workforce.

    Those employer who profited from this won't have to pay a price. And they're still banking their gains.

    I'm assuming some form of a limited amnesty will be the eventual compromise.

    I'm old enough to remember how the first amnesty was solemnly sworn to be the last one we'd need.

    Many do, I think. That our government failed to prevent a need for a second one is partly why this next amnesty is such a hot topic.

    Enforcement is a tricky issue. Proposals for realistic enforcement for immigration invite comparisons to our current failed system.

    Parent

    As long as the labor market is (none / 0) (#8)
    by jimakaPPJ on Sun Feb 07, 2010 at 12:10:07 PM EST
    flooded, be it with illegal aliens, legal immigrants or US citizens, wages and working conditions will be poor.

    That is just how the commodity market, and labor is a commodity, works.

    If you want to help the "labor class" as some have described them, close the borders and enforce the law.

    That would include some draconian punishment for employers.

    No more outsourcing, too? (none / 0) (#9)
    by jondee on Sun Feb 07, 2010 at 12:18:09 PM EST
    Outsourcing is an entirely different problem (none / 0) (#10)
    by jimakaPPJ on Sun Feb 07, 2010 at 02:38:25 PM EST
    but if I could figure a way to stop it, I would.

    Parent
    You are right (none / 0) (#11)
    by nyjets on Sun Feb 07, 2010 at 03:28:50 PM EST
    Immigration (illegal or illegal) and outsourcing are two sides of the same coin.
    We need to punish companies that outsource and make it economically difficult for them to do so.


    Parent