ICE--a
Latter Day Gestapo?
Under
the previous administration ICE (the immigration and customs
enforcement agency of the US government) arrested undocumented
immigrants if they committed serious crimes. Now ICE will arrest
undocumented immigrants even if they have not committed any crimes.
This expanded use of government enforcement powers has produced a
great deal of criticism and protest.
This
opposition to government enforcement practices is supported by
stories like that of Roberto Beristain which was recently in the
news. In 1998 Roberto came from Mexico to visit his aunt and decided
to remain in the US, outstaying his visa and becoming an undocumented
immigrant. Roberto moved to South Bend, Indiana where he married and
had several children and recently bought a restaurant which he had
been managing for a number of years. Roberto became a member in good
standing of the local business community. He was a good citizen; he
was well-liked. He did not have as much as a traffic ticket against
him.
Now
ICE has detained him. He is in line to be deported back to Mexico. He
has not faced a court. He has not been able to defend himself. Many
criminal cases are settled not by the defendant going to trial but
through negotiations between the defendant's lawyers and the
prosecuting attorneys. Roberto has not had an opportunity to
negotiate any settlement of his case. He has not been able to present
to a judge his situation as a husband and father to American
citizens, as a businessman who employs 20 other Americans, as a
respected member of his American community.
It
is difficult to resist comparisons between ICE and the secret police
in authoritarian countries which arrests people for no other reason
than that the government does not want them to be free and able to
live ordinary lives. What ICE does to people from Mexico or Central
or South America looks a great deal like what the Russian government
or the government in Egypt and in many other authoritarian countries
does to political protesters. If they get a chance in court at all,
they are liable to get a rigged mass trial which has but the thinnest
veneer of legality.
But,
of course, Roberto was
undocumented. In outstaying his visa in 1998 he had broken the law.
ICE is enforcing a real law; it is not arresting unpopular persons
under the pretext that they are have been broken the law. On the
other hand, it is difficult to forget the President's racist comments
about Mexicans a few months ago, characterizing all of them as drug
dealers, murderers and rapists. One
cannot resist the thought that the
change between the practice of the previous administration and the
present one is a response to the President's racist generalizations
about Mexicans. Roberto, after all, came from Mexico.
There
are thousands, if not hundreds of thousands cases like Roberto's.
(His case attracted attention because his wife admitted to having
voted for Donald Trump – a choice she now regrets bitterly.)
In
addition there are the cases of somewhere between 500,000 and 700,000
undocumented farmworkers whose employers are now extremely anxious.
If their workers are arrested by ICE their farm will have to shut
down because there is a shortage of farmworkers--American or
immigrant farmworkers with visas. If these farms shut down other
economic consequences will ensue. The now bankrupt farmers will spend
less money than before. That will have an impact on local economies
and will either result in serious poverty for some people or a rise
in the cost of social services for people without jobs. The products
of these farms will no longer be offered in the marketplace and that
may raise the cost of milk or fruit or other farm products. It is not
in anyone's interest to arrest undocumented farmworkers.
The
new practices of the Immigration and Customs Enforcement people are
in some faint sense legal. Undocumented immigrants are doing
something the law does not permit. But enforcing immigration statutes
as harshly as they are being pushed today results in breaking up
American families, depriving American children of their father or
mother. It proves that being a good citizen and a well-liked member
of a local community, is not valued by our government. In the past,
ICE made allowances for that. Undocumented immigrants like Roberto,
who led exemplary lives, checked in with ICE once a year and were
allowed to continue living as before if they had not run into legal
troubles. But this year, when Roberto reported to ICE, expecting the
visit to be a mere formality, ICE detained him instead. He has not
seen his wife and children since. ICE will no longer make any
allowances for his positive contributions to his adopted country. Nor
will it make any allowances for undocumented farmworkers who are
performing an essential economic service such as doing farm work for
which no other employees are available.
Deporting
undocumented Mexicans (or Jamaicans) is more important to our
government than rewarding good citizenship and doing essential work.
It is difficult not to see the actual application of immigration law
as no more than an exercise of blind racial prejudice.