Friday, January 25, 2008

Illegal Driver Essay

I was an illegal driver today. Yes, I was going at least 4-5 miles over the speeding limit all the way. Why did I flaunt the law so shamelessly?
Pat Buchanan talks about “rampant criminality” in his rages about the current immigration system, but if we want to see real rampant criminality, we don’t have to look any further than our roads. We all do it. Why? Because we don’t think the law enforcement officials care and we don’t think it is any big deal.

We probably should. Statistics show that about 1/3 of all traffic fatalities are related to speeding. But we’ve come to expect a certain kind of tolerance for this illegal behavior. A highway patrolman once told me that he doesn’t usually stop someone unless they are at least 10 mph over the limit. I wish he was around when I got a ticket in Texas for going 76 in a 70 mph zone.

Until recent years, the same kind of tolerance was imagined in the enforcement of our immigration laws. They aren’t criminal offences for the most part – just civil. For the most part, persons wanting to immigrate to the U.S. have to have some kind of relationship sponsoring them to live here – either through an offer of employment or through family sponsorship. Until just a few years ago – 2001 – someone who established that relationship could still stay and get their green cards by paying a fine. We reasoned that the relationship was more valuable to preserve than the minor civil violation.

But in 2001, that changed. 911 happened and nativist voices started screaming (and still are) that any forgiveness of this civil violation in favor of a fine (like I would pay to a zealous policeman who caught me driving “illegally”) was an unthinkable “amnesty.” When Rush Limbaugh was charged with a federal drug crime for which he could have gone to jail, but was instead given probation and a fine and community service, was that amnesty? He paid for his crime. He avoided a trial, conviction, and jail, by paying a fine and promising to not do it again. I would say justice was served. As much as I dislike what he stands for, I thought that was a typical and reasonable solution. The government didn’t have to have the expense of a trial, but still got something paid for the crime. Why isn’t that an acceptable solution to undocumented immigrants? If they have the necessary relationships to immigrate to the U.S., but can’t because the law is so unforgiving, why can’t we fix that with a giant plea bargain that gives them status, but requires them to pay a fine, wait in line, learn English, pay back taxes?

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