Criminal entry – Part 2
A few years ago, I was able to sit in the courtroom in Tucson AZ and watch the 100+ detainees being marched through the system. This, unfortunately, is an almost daily occurence in the Tucson Federal Court.
One after another, they plead guilty to entering the U.S. illegally, the Judge pronounced a sentence, and they were marched off to jail. Some of them were simply returning to the U.S. after a short trip home for an emergency. Some were returning to the U.S. for their spouses and children. It was heartbreaking.
The fact is that our government is creating a huge class of immigrants who may not be fixable in the future, even if we do eventually have immigration reform passed by Congress. If a criminal conviction will disqualify a person from a new immigration program, we are going to have a massive group of people who will not benefit once Congress acts positively on immigration.
Often the individuals going through this criminal process in Federal Court do not understand their rights or have an opportunity to assert a defense. For example, a person who is fleeing danger in their home country may plead guilty to get a short sentence, instead of spending months in jail awaiting a future asylum interview.
Criminalizing migrants from coming into the U.S. illegaly is not really an effective deterrent, because migrants are coming to the U.S. out of desperation, fear, love, family, or dire poverty. As we see in the news, the criminalization of illegal entry is not working – people are still coming, and the U.S. government is often violating our obligations under international treaties by failing to protect those seeking help. The Caravan (of Fear) has arrived at the San Diego port of entry, and some of the migrants are being charged with the crime of re-entry. The criminalization did not deter them from seeking safety. Humane treatment is called for – please call your Congressional offices.
