Attorney General Jeff Sessions’ New Approach to Illegal Border Crossing – Prosecute Them All
On May 7, 2018, Attorney Jeff Sessions gave a speech in San Diego, California in which he described a much tougher stance on immigration violations. Citing a ‘no tolerance’ policy, Attorney Sessions declared that if an alien crosses the border illegally, smuggles other aliens across the border illegally or makes false statements or files false applications to immigration officials, he or she will be prosecuted with potential prison time. In order to accommodate these prosecutions, he has directed and reorganized dozens of prosecutors and immigration judges to the southern border states.
First, a few policy thoughts. It does not matter if one thinks the current laws are fair or easy to skirt: the fact is it is the current law. The last major immigration bill was passed in 1996, titled the Illegal Immigration reform and Immigrant Responsibility Act of 1996 (IIRIRA). Attorney Sessions was elected to the Senate in 1997. He was a Congressman for the entire duration of IIRIRA. Attorney Sessions had twenty years in Congress to introduce legislation to fix what he considered was broken under the IIRIRA. To suddenly feel the need to ‘fix’ broken immigration laws through severe punishment under his Justice Department is callous, lazy and does nothing to fix the overall immigration problems in this country.
Second, in one of the most shocking parts of his speech, Attorney Sessions also declared that “if you are smuggling a child then we will prosecute you, and that child may be separated from you as required by law.” This is incredibly inhumane and goes against the basic, fundamental rights of parents to have, raise and protect their children.
One cannot group all illegal aliens as deserving the same punishment. Just as the law does not treat murders and sex offenders the same as drunks or speedy drivers, neither should immigration officials treat all border crosses. Of course, our country must work to stop drug and human traffickers, gangs, violent criminals and other unworthy individuals from crossing the border into the United States. Many of these people pose a threat to United States national security and should be prosecuted. But, should we really treat families trying to reunite as the same? Does a mother’s love and desire to be with her children or spouse compare to a violent gang member’s illegal intent? A DUI convict and a child murderer are both criminals under the law, but we do not execute drunk drivers. The same humane distinctions should exist in immigration.
Asylum Seekers
While most of his speech focused on prosecuting immigration violators, other parts of his speech focused on asylum seekers. Aside from the aggressive and unnecessary tone of Attorney Session’s speech, one would think that the nation’s highest law enforcement officer and licensed attorney would understand the mission of the United States immigration laws and complementary United Nations human rights treaties. The United States – along with hundreds of other countries in the world – cannot simply turn away a person who fears persecution. Laws regarding asylum and other humanitarian forms of relief must be addressed in a proper legal setting, without rushed hearings or interviews.
As it stands, any foreign national (FN) who presents his or her self to the United States border has the right to seek asylum. The FN will undergo what is called a ‘credible fear interview’ to determine if his or her claims of returning home are genuine. Asylum officers are trained to identify fraudulent or frivolous claims. If an asylum officer or judge does not find credible fear, the FN will be deported.
If an asylum officer finds credible fear, an FN is referred to immigration court to present his or her case to an immigration judge. An asylum seeker may also seek bond and to transfer of his or her case to another part of the country. With the rise of violent gangs, corrupt governments and threatening and intimidating neighborhoods throughout South America, more and more asylum seekers are able to pass the initial credible fear interview.
Until there is actual immigration legislation to fix our immigration system, all United States law enforcement officials must follow the laws of the land. Call them ‘border crossers’ or ‘illegal immigrants’ or anything else, these people are still people and they have the right to be heard.