To the Editor:
This Thanksgiving, Americans found themselves in the awkward position of celebrating the coming together of Native Americans and European settlers while facing a modern immigrant crisis on their southern border. Most families took the high road, choosing to chew their food rather than argue over political differences, while some can talk about politics without ruining the holiday spirit. Wouldn’t it be great if we could do that together as a country of Americans?
Even in these politically divided times, none of us is truly too shallow or jaded to engage in an earnest and sincere conversation about the most profound questions given our people by our nation’s founders. Don’t shy from this argument. Engage, as Americans do, and argue. For despite anything else, we are indeed the noisiest, greatest arguers on earth.
All debates should begin with a common understanding and agreement of the facts. What does the U.S. Constitution say about immigration? The words “immigration” and “refugee” do not appear in the U.S. Constitution or any of its amendments. This leaves immigration law up to the state and federal lawmakers.
So what does U.S. law say about immigration? Beginning in 1891, Congress established the Immigration Service and enacted additional quota systems after World War I in 1921 and 1924. The law remained relatively unchanged; immigration quotas were increased and family members of U.S. citizens were given preference in 1952.
Quotas and diversity lotteries expanded until 1990 when because illegal immigration remained a problem Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and the Homeland Security Act of 2002 which consolidated authority for border protection, customs, and immigration.
These laws give the U.S. government a wide range of options to secure the border through physical barriers, customs enforcement, and deportation.
What do these laws say about refugees seeking asylum?
The law regarding refugees in the United States is the Convention Relating to the Status of Refugees. This law is a treaty under the United States Constitution. According to the Constitution, a treaty is ratified when approved by two-thirds of the Senate. This treaty was voted on in the Senate Oct. 4, 1968. It received 100 percent approval with 59 voting yes and 41 not voting and not present. Under the U.S. Constitution, the Convention Relating to the Status of Refugees is law.
This treaty makes the protocol for asylum seekers clear. It is very thorough.
It avoids legalese and excels at explanatory language. It makes it clear that border security is a virtuous goal for any country and that some refugees, when entering, may break domestic laws of a given treaty member but that these actions should never be used as the reason, especially not the primary reason, to alter the status of an asylum applicant, or to bar them from applying in the first place.
It also clearly states that no actions that would put an asylum seeker under duress should be taken, and mentions several times that the family unit is the most important cohesive structure for a refugee and families should be maintained under all circumstances except the most extreme.
It explains examples of manipulative tactics that can’t be employed to deter refugees from accomplishing the task of actually filing for asylum. This is the law.
We are in a situation today where asylum seekers are following the law and border security is not. If we wish for those seeking to come to our country to learn and follow our laws, then we must be willing to do the same.
