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skyzyks's avatar

Immigration law is perhaps the best example of actions taken in bad faith by majorities in both national parties over the span of nearly 60 years. Enforcement provisions for both the Immigration and Nationality Act of 1965 and the Immigration Reform and Control Act of 1986 have been half-heartedly enforced by successive administrations from both parties with no significant or effective oversight from either party in successive Congresses; in particular, when each party controlled the legislative and executive branches at the same time. That makes two successive times in which promises were made in bad faith as enacted in law: Not just one Congress or administration but all of them since 1965 have, at best, selectively enforced the provisions as written. The reasons for all this bad faith in the political class are irrelevant. The only relevant fact is the bad faith itself. There is utterly no reason to believe a word from any congress-person concerning current or future immigration law until the provisions of relevant law currently on the books are enforced to the letter. The history of non-enforcement and ineffective oversight over the past 60 years is reason enough to assume that any proposed legislation if passed will be as ignored as past legislation has been ignored while consequences of the failure to enforce the law will be used in future politics as justification for yet more legislation to be passed.

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Jim Dueholm's avatar

I agree with most everything here, except I think the pathway for the Dreamers should be for permanent legalization, not American citizenship. The claim is that they "have known no other country," but they still came here illegally, and their youth gives them no special claim to citizenship.

I believe there is a cutoff date in the current proposal, in the sense that Dreamers don't qualify if they came after a specified date, but what argument are we to use against the young who came and continue to come after the cut-off date, a cohort that no doubt already numbers in the millions in view of the Biden border flood? They too will have known no other country, so on what moral basis can we exclude them from what we give now? It's a moral claim that, as the lawyers say, has no limiting principle. If we give the Dreamers permanent status rather than citizenship, we're making a prudential decision used to admit many adults, not one based on a moral claim that the young are entitled to automatic citizenship, so there is a limiting principle. Jim Dueholm

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