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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Friday, September 25, 2015

Pope Francis Issues a Moral Challenge to Trumpism

Washington Post (Plum Line)
By Greg Sargent
September 24, 2015

Pope Francis’ speech to Congress today was notable for all kinds of reasons, but his words about immigration were particularly striking, because they came amid an intense argument over the issue among Republican presidential candidates in which the loudest voice is the one whipping up anger and hatred and xenophobia.

To me, the Pope’s treatment of immigration is important not because of who he is (though countless people around the world see him as a moral authority). Rather, it is noteworthy because he captured one of the most fundamental dilemmas we face on immigration with a striking moral clarity that could assist our understanding of the debate. Here’s what he said:

In recent centuries, millions of people came to this land to pursue their dream of building a future in freedom. We, the people of this continent, are not fearful of foreigners, because most of us were once foreigners. I say this to you as the son of immigrants, knowing that so many of you are also descended from immigrants…

Our world is facing a refugee crisis of a magnitude not seen since the Second World War. This presents us with great challenges and many hard decisions. On this continent, too, thousands of persons are led to travel north in search of a better life for themselves and for their loved ones, in search of greater opportunities. Is this not what we want for our own children? We must not be taken aback by their numbers, but rather view them as persons, seeing their faces and listening to their stories, trying to respond as best we can to their situation. To respond in a way which is always humane, just and fraternal. We need to avoid a common temptation nowadays: to discard whatever proves troublesome. Let us remember the Golden Rule: “Do unto others as you would have them do unto you.”

This Rule points us in a clear direction. Let us treat others with the same passion and compassion with which we want to be treated. Let us seek for others the same possibilities which we seek for ourselves. Let us help others to grow, as we would like to be helped ourselves. In a word, if we want security, let us give security; if we want life, let us give life; if we want opportunities, let us provide opportunities.

The Pope has implicitly, or perhaps explicitly, laid his finger on one of the most fundamental questions that underlies all the arguing among Republicans (and, indeed, all of us) on the issue:

Should undocumented immigrants be seen only as lawbreakers, or (provided they are not serious criminals) are they entitled, by simple virtue of the fact that they are fellow human beings, to a more morally complex and nuanced examination of their plight? If it is the latter, are there circumstances under which the specifics of their plight should mitigate our verdict and treatment of their initial lawbreaking? Are we morally obliged to locate a set of penalties and conditions under which we’re willing to allow them to stay?

That, I believe, is what the Pope meant when he suggested that any one of us might have done the same for our own children, and that we must view undocumented immigrants “as persons” whose “stories” should be listened to. We should provide fellow human beings with “opportunities,” just as we want “opportunities.” We must “respond as best we can” to their “situations” — i.e., bringing a nuanced view to the potentially mitigating circumstances of their lawbreaking.

The Pope did not reference “legal” or “illegal” immigration. So I cannot prove that he meant to frame the challenge as I have interpreted it. But it’s hard to read his urgent plea for tolerance towards the “thousands” who stream northward any other way, since there is already broad consensus that legal immigration is a good thing. Even Donald Trump supports it.

Indeed, in his response, Ted Cruz pointedly noted that “when we speak of welcoming immigrants, I believe that should refer to legal immigrants.” This distinction would not be necessary if the Pope were not calling for tolerance and accommodation (depending on the specifics of their plight) towards undocumented immigrants. Cruz disagrees with the Pope on this point. And that’s fine: The Pope has clarified the central question we face; Cruz took one side of it, arguing that illegal immigrants do not deserve accommodation (because they are lawbreakers), which is itself helpful and clarifying.

My reading of the Pope’s words is also consistent with the approach serious thinkers about illegal immigration have brought to the fundamental challenges it presents. In “Immigration Outside the Law,” Hiroshi Motomura argues that the unique specifics of this issue have created a situation in which, at various times in our history, a tacit, inadvertent deal of sorts with illegal immigrants has taken shape. Because the U.S. periodically needed — and needs — immigrant workers, and because the challenges of enforcement inevitably mean only a tiny fraction get deported, the end result has often been a tacit acquiescence as they slowly come to inhabit the role of “Americans in waiting.”

Obviously one can reject that tacit deal on moral and/or legal grounds by arguing that it’s wrong to reward lawbreakers under any circumstances. That’s an argument many conservatives believe in with principled fervor. As I’ve noted, it should not be dismissed, even though I think in this case it’s ultimately unconvincing and doesn’t adequately reckon with the practical challenges the problem presents, or with the positive contributions undocumented immigrants make to American society.

But the point is that the Pope today helped guide us towards this as the basic question we face: whether to treat undocumented immigrants as merely lawbreakers; or whether their moral plight, the weight of our history, and our sense that they add something to American life entitle them to something more. That’s what Donald Trump and Jeb Bush are really arguing over when Jeb describes illegal immigration an “act of love” and calls for a more rational approach to tapping their potential — and Trump mocks him for it while vowing to deport the 11 million. This is the basic split among Congressional Republicans that they have not yet resolved. GOP leaders are open to some form of legalization, but they have yet to buck those in their party who are not open to it under any circumstances (though many won’t quite embrace mass deportations, and instead want to leave them in the shadows).

Today Marco Rubio shed a tear when the Pope talked about immigration. Yet Rubio has retreated to a point where he’s dodging the obvious implications of the Pope’s message. After championing a path to citizenship, he now supports legalization, but only at some unspecified point in the future when unspecified border security goals are met. Surely Rubio agrees with the Pope’s call for accommodation, and not with Trump’s call for mass deportations. But his practical position on the issue now seems designed, at a minimum, to keep at bay those on Trump’s side of the argument.


Trump, by framing the issue as a choice between legalization and mass deportations, has made that sort of fudging harder to pull off. Now, in his own way, so too has the Pope.

For more information, go to:  www.beverlyhillsimmigrationlaw.com

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