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Jack DeVine: Confronting Illegal Immigration — Fairly

It’s time to get real about our massive illegal immigration problem. The ongoing furor about the administration’s actions in dealing with that problem has become wholly politicized, and like so many politicized issues, is fraught with spin, bad information, hysteria, and fierce opposition — and as indicated by the Los Angeles riots this weekend, opposition that is rapidly escalating out of control.

It needn’t be that way. Illegal immigration was the #1 issue of the 2024 election, and voters made their views on the matter quite clear. But a quick look at recent mainstream and social media reporting suggests that there is now rampant public disagreement with how it is being handled. What changed?

In my view, not much. We are confronting a very ugly situation with no easy answers. To deal with it, we must think clearly, speak clearly, and act responsibly. I’d offer a few keys:

Recognize the magnitude of the problem.

We have in our midst a huge number of people — 12 million, perhaps, or maybe 15 or 20 million — who entered our country illegally.

These millions may give our workforce a boost, but on balance, they pose a substantial long-term burden, financial and otherwise, on our social support systems. While most of the illegal entrants came here for no purpose other than to improve their lives, the illegal immigrant flood clearly includes a criminal component as well. It takes only a small fraction of the millions of unvetted new residents to pose a dire threat to public safety — a problem further compounded by the fact that we don’t know which ones they are, and we’d best not wait until their violent actions reveal them.

And make no mistake, the illegal entry by millions was an unprecedented mass violation of American law, aided and abetted by our own government. In effect, we invited them here, and our complicity in their illegal entry adds to the challenge of undoing the damage, but also of treating them fairly.

Let’s stop blurring the distinction between legal and illegal immigration.

We are a nation of immigrants. Immigrants founded and then built our nation. Most of the people who read this column are immigrants or descendants of immigrants. While the Left routinely asserts that the current administration and those who support it are anti-immigrant, that’s simply untrue. We — Americans of every stripe — revere immigrants. They are us.

But legal and illegal immigration are polar opposites. Those who try for political points to sour public opinion about the Trump administration’s efforts to close the border and to diminish the threat posed by criminals here illegally do so by implying that we are blaming all immigrants for the violent actions of the few. Nonsense.

They adamantly oppose attaching the adjective “illegal” to those whose presence here is, in fact, illegal. They object to the noun “alien” — although people from other countries who are here illegally are exactly that. And their heads explode when we attach those two words together.

Words matter. Dropping the word “illegal” is not just journalistic shorthand — it changes the entire nature of the issue at hand.

Dispel the myths about cruel and unfair treatment of illegal immigrants.

The Left’s prevailing narrative is that the Trump administration’s treatment of illegal immigrants is a violation of the spirit and letter of our Constitution, and a betrayal of our nation’s core values.

The extreme case in point was the Left’s canonization of Kilmar Abrego Garcia as the “Maryland Dad,” supposedly a peaceful and well-settled immigrant suddenly snatched from home and family by ICE (Immigration and Customs Enforcement), deported for no reason and with no opportunity to defend himself, and delivered to a notorious maximum security prison in (his native) El Salvador.

In the wake of furious objection from media and politicians and a flurry of court rulings, Abrega Garcia is now back in the U.S. Last week’s grand jury indictment makes clear that the reasons for his expedited deportation were rock solid. He will now get yet another day in court, and we’ll see how this judge and jury dispositions the charge, with supporting video evidence, that the Maryland Dad is in fact a serial human trafficker.

Our Constitution guarantees due process to all persons in this country, not just U.S. citizens, and the Supreme Court has ruled that the guarantee applies even to individuals present in the country illegally.

Although impractical to apply on a grand scale (i.e., to the millions whom we invited here and now would like to send back home), I believe the court’s interpretation is a good thing. The essence of due process is fairness, and that is the hallmark of our nation.

But what process is “due” to those found to have entered our country illegally? The Immigration and Nationality Act (INA) classifies unauthorized entry into the U.S. as a misdemeanor, punishable by deportation. And that law clearly outlines the process to be followed in adjudicating those cases. That process includes notification of the charge and opportunity for a hearing, prior to deportation, except in specific situations that warrant expedited deportation, such as reentry of a previously deported person.

Moreover, in this extraordinary situation, the Trump administration has gone a big step further by offering cash incentives ($1,000 plus free air travel) to those who volunteer to self-deport — an accommodation that reflects our nation’s role in tacitly permitting their illegal entry.

Ignore the myth. Persons apprehended by ICE are afforded the due process specified by law (the INA). And no, they are not snatched off the street, thrown into unmarked vans, and then “disappeared,” as asserted by public officials who should know better.

Final point here: re the Garcia and related cases, I agree with those on the Left who maintain that the U.S. should not be sending illegal immigrants to maximum security prisons, in El Salvador or elsewhere. But I wholly support expedited deportation in circumstances called for by our laws, delivering INA offenders back to their home country and leaving it to that country to decide their fate.

Snuff the violent protesting, now.

As a direct consequence of the extreme politicization of the illegal immigration issue, we must now deal not only with the millions of illegals in our midst and the criminal activity perpetrated by some, we must also deal with the idiots who have decided that this is their next opportunity to demonstrate just how angry they are via Molotov cocktails, rampant vandalization, and attacks on law enforcement (ICE, in this case).

This weekend’s riots in Los Angeles had the distinct flavor of the 2020 George Floyd “summer of love” riots, a national disgrace that left dozens dead, countless injured, and billions in damages. The president was criticized (of course) for calling out the National Guard, but he cannot let this situation get out of control.

The president has his hands full with this one. We should not be supporting him because we’re Republicans or opposing him because we’re Democrats. We’re all in this together, like it or not. Patience, forbearance, and (maybe too much to ask) a touch of unity would be a big help.

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