As an immigration attorney for 30-plus years, I can say with certainty that immigrants are a blessing to our nation. Over the years, I have been privileged to have helped hundreds of immigrants achieve what we call the “American Dream.”
That is why this current climate of abusive language, policy and action strikes me as being so very un-American.
Immigrants have built this nation. And now, a new wave and a new generation of immigrants is helping to build our nation. From agriculture to zoology, immigrants fill jobs that U.S. citizens either cannot, will not, or are not qualified to do.
Without immigration, our economic engine would grind to a halt. GDP and innovation would plummet. Just look at the winners of Nobel prizes − nearly 30% of those awarded to U.S. citizens went to recipients who were born outside the United States. (Most of the U.S.-born winners likely had immigrant roots too.)
Nevertheless, we continue to hear the blatant, unsupported lies from government officials, disproved many times over by statistical evidence.
No, immigrants are not thugs, rapists or murderers. They do not eat pets. They are being grossly vilified in order to score political points.
The actions being carried out by ICE and our federal government are in blatant disregard of the law.
The Immigration and Naturalization Act (INA), which is the centerpiece of U.S. immigration law, does not define or refer to “illegal alien.” The accurate term for an individual who lacks permission to be present in the United States is an “undocumented alien.”
To put it simply, “aliens” become undocumented in one of two ways. First, they may enter the United States without the appropriate documents. Or, they may enter legally and then lose their legal immigration status due to a visa violation, a conviction or the denial of some immigration benefit. (Readers wish to delve further can visit my website at sethnalaw.com)
Being here without documents does not terminate immigrants’ rights to due process. The U.S. government has unlawfully removed many people – even those with pending immigration cases including asylum – without a hearing, without a chance to challenge their removal, and with no regard whatsoever for their safety. (Visit saveimmigrantfamiliesUSA.com if you want to understand the rights of immigrants and make a difference in their lives.)
The executive is also violating – or at the very least, refusing to obey – federal court orders. When the Trump administration blatantly thumbs its nose at the federal courts, it sets up a constitutional crisis.
At this time, the federal and, to a lesser extent, the state courts are the “thin black line” that stands between the chaos of the Trump administration and our experiment in democratic governance which has evolved over the last 250 years. However, in recent decisions on emergency motions brought by the Justice Department, the Supreme Court has ruled in the president’s favor in the overwhelming majority of those cases, many without written opinion explaining the court’s reasoning.
There is an emerging chasm between the rulings of district court judges and their reluctance to toe the line the Supreme Court seems to be drawing.
On July 10, for example, a federal district judge in New Hampshire issued a nationwide injunction protecting a class of U.S.-born children in direct response to the Supreme Court’s June 27 ruling on the Trump “birthright citizenship” executive order. While the Supreme Court had ruled district courts could not grant nationwide injunctions, it permitted class-action lawsuits.
Finally, as an attorney, I find it reprehensible that ICE agents invade state courtrooms to make dramatic arrests of aliens while they are complying with the law by appearing at court. Doing so demonstrates disregard for due process within the state and federal court systems, as well as the rights of both defendants and victims.
Courthouse raids lead to reluctance in the immigrant community to appear in court, to testify against criminals and to seek justice for wrongs they have suffered, both civil and criminal. “Make America Safe Again?” Courthouse ICE raids achieve the opposite.
For those of you who will not stand idly by, there is an opportunity to stand up and fight for what we believe is right.
There was a popular bumper sticker during President George Bush’s term: “If you’re not outraged, you’re not paying attention!”
If you’re outraged, speak up. Do what you can. Attend rallies. Write letters. Quietly (or loudly – choose your appropriate volume) oppose. And remember, your final opportunity continues to reside in the (gerrymandered) ballot box, provided the Republican majority in Congress and state legislatures do not eviscerate even that basic right of our democracy.
Farhad Sethna is an attorney immigration attorney with Cuyahoga Falls-based Immigration America.
This article originally appeared on Akron Beacon Journal: The myth of ‘illegal’ immigrants and why federal actions are unconstitutional | Opinion
Reporting by Farhad Sethna / Akron Beacon Journal
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