LLOYD: Respecting constitutional rights should be foundation of immigration enforcement
Daily Herald file photo
Jared LloydWhen you start talking about things that people feel strongly about, you get many different responses.
I appreciated that after I published some thoughts last week about the importance of seeing the humanity of everyone involved in our current immigration enforcement processes. I talked about how I think it’s important that we recognize it even for agents of U.S. Immigration and Customs Enforcement (ICE).
In some of the discussions I’ve had since my editorial was printed, I realized that I certainly should’ve done more to emphasize that I firmly believe that everyone involved — local citizens, impacted communities, undocumented immigrants, protestors and local authorities as well as federal agents — deserves the same respect.
I believe that is a fundamental basis of our foundational national document, the United States Constitution.
Since it was ratified in 1788 and implemented in 1789, including the first 10 amendments that are known as the Bill of Rights, it’s purpose has been to provide a framework to respect the humanity of those living in the boundaries of the United States of America.
The individuals who came together to work out that framework put in place ideals based on what Thomas Jefferson had written in the Declaration of Independence in 1776: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
Now they were also just people like the rest of us and over the centuries since we’ve worked to overcome some of their limitations regarding different genders, ethnicities, cultures and religions. We haven’t achieved utopian perfection, certainly, but the ideals are still worth aspiring to.
I think it’s understandable that our current immigration enforcement actions make many concerned and fearful about failures to meet those standards.
We see acts of violence occur during protests and fear that our First Amendment rights to free speech and peaceable assembly will be violated.
We hear about individuals having their property invaded without proper warrants and fear that our Fourth Amendment rights against unreasonable searches and seizures will be violated.
We learn about individuals being detained for hours or days without proper hearings and fear that our Fifth Amendment rights to due process of law will be violated.
We see evidence of individuals being targeted and/or harassed because of their appearance or rumors of governmental affiliation and fear that our 14th Amendment rights to equal protections under the law will be violated.
There could be other examples raised as well but when we look at the things that are happening in places across the country as well as here at home in Utah, there are clearly valid concerns.
If violations of rights can happen to someone else, we fear it can happen to us as well.
So what is the solution?
That’s not an easy question to answer. As with any complicated issue that we face, we face the challenge of having rights of different groups conflict.
One current example is this: Which is more important — the right of an individual to mask their identity to protect themselves and their families from being targets of violence or harassment, or the right of a community to be able to identify an individual in a position of enforcement who may have acted violently or excessively?
I can see both arguments. I don’t know if I see a clear right answer.
In my conversations, I’ve come to some of my own conclusions about our current immigration enforcement crisis:
1. Implementation has been a failure.
I believe that a logical examination of the facts backs up this assertion. Quotas and massive raids result in escalation and anger, not making communities safer.
ICE agents certainly didn’t receive nearly enough training for what they have been involved in and were told to take actions that they never should’ve been taking. Those elements — in my view — were the fundamental reasons for the biggest tragedies, including the deaths of Renee Good and Alex Pretti in Minnesota.
If implementation of increased immigration enforcement was the goal, it certainly could’ve been handled in a much more effective, more transparent and less controversial way.
2. Accountability and compassion are both needed.
It is indisputable that every undocumented immigrant in the United States faces potential consequences for choosing to not complete the process to become a naturalized citizen. Those who break other laws (just like for all citizens) increase the consequences they may face. While our justice system is far from perfect, it certainly has the duty of maintaining law and order, including for those who are undocumented.
But many undocumented immigrants are also fleeing dangerous situations and are at greater risk of being exploited. I believe everyone deserves a chance to learn and to do things the right way. I applaud all of those immigrants who have successfully navigated the naturalization process and have earned their citizenship.
I think we need to strive for the right balance of holding people accountable for their actions while seeking to be compassionate in finding the right solutions.
3. Compromise — not partisanship — is our best hope.
Pointing fingers, shouting slogans and grandstanding for political purposes aren’t going to improve the situation. We need to step back from the raw emotions and fears, and instead focus on the root causes.
Someone I talked to believes that ICE itself may never be able to regain the trust it has lost, and I can see that as being likely. It may need to be disbanded in it’s current form, with its responsibilities being taken over by other institutions (hopefully with clearer, better implemented strategies in place).
We would also benefit if our legislative body could move beyond the petty bickering that has resulted in it losing so much respect and actually work together to update and clarify immigration laws and processes.
Will any of these things change? I don’t know, but I hope so.
But whether they do or not, I challenge all of us to continue to remember and value the principles and ideals of respecting each other.
It may not solve all the problems but it will always be a step in the right direction.
Jared Lloyd is the managing editor of the Standard-Examiner and can be reached at jlloyd@standard.net.
