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<p>Then by that logic, U.S. colleges and universities should not be admitting international students, either, because they “cannot get a legal college degree-level job [in the U.S.] upon graduation” and therefore allowing them to pursue an education in this country “is not doing that person any favors.” Horsepucky. A quality college education is a quality college education, wherever you go in the world.</p>
<p>Let’s be clear about a few things. First, most “illegal immigrants” don’t cross our borders unlawfully. The best estimates are that about a third do. Most enter the country perfectly legally, but become “illegal” because they overstay their visas or violate their status (e.g., a “business visitor” ends up taking a job, or someone on a student visa takes a job or drops a class and ends up with fewer credits than necessary to qualify as a full-time student, or someone here legally on an H-1B “guest worker” visa loses his job and stays to look for another job). There are a zillion different ways to violate the immigration laws, many of them hypertechnical. </p>
<p>And many of the violators don’t even know they’re “illegal.” My wife worked with a man who had been here legally for 20 years but never got a green card or became a naturalized citizen; he was a prominent professional, well-respected in the community, in all respects a model “citizen” except that he wasn’t a citizen, and he got tripped up on a technicality—he failed to file a required form on time (he says he didn’t even realize the form was required because his status had recently changed and he wasn’t aware of all the paperwork requirements). ICE told him he had to leave the country immediately and re-start the process to immigrate legally or else he’d be deported and probably never have a chance to re-enter the U.S. legally. So he left for his native land with his fiancee (a U.S. citizen), they married in his native country, but now they’re half a world apart because she needed to return to her job. She is sponsoring him for legal immigrant status but that works on a quota system so there’s no telling how long it will take, and in the meantime if he so much as sets foot in this country for a conjugal visit he’s “illegal,” and he was “illegal” the moment his form was overdue. Of course, ICE wouldn’t classify him as an “illegal immigrant” because they don’t classify anyone as an “illegal immigrant”; there are just people who are here lawfully and those who aren’t, and then a third class of people for whom it’s not certain whether they’re here lawfully or not because, e.g., they’ve filed a form or application required by law and have not yet gotten a definitive answer because the bureaucracy is so slow, and who therefore are “undocumented” but neither certain of being deemed here lawfully nor certain of being deemed here unlawfully, and therefore in legal limbo. (Which is why laws like Arizona’s authorizing local law enforcement to round up all the “illegals” is so stupid, because many people may be here lawfully but don’t have documentation–or don’t yet have the bureaucratic decision–to prove it).</p>
<p>I have a colleague who’s a Canadian citizen. Canadians don’t even need visas to come here, they just flash a passport at the border and they’re good. But to work here they either need H-1B “guest worker” visas or they need to become permanent resident aliens with Green Cards. Many don’t bother because the worst that can happen is they’re deported to Canada (or more likely, given the opportunity to leave voluntarily). The Canadian standard of living is comparable to that of the U.S., no one there will hold it against them for being kicked out of this country, and it’s easy for them to pass as U.S. citizens because most Canadians are white-skinned and native English speakers, so what’s to worry? (In my opinion skin color and English proficiency are among the most important factors animating the anti-“illegal immigrant” fervor; no one gets worked up about illegal Canadians, even though they’re probably the second-largest illegal group, after Mexicans–though in my experience there are a lot of undocumented Irish, too). Anyway, my colleague is here perfectly legally on an H-1B visa–he’s arguably the single best-qualified person in North America and possibly the world at what he does–but he has a disabled adult daughter in Canada who he can’t bring with him because she’s deemed unable to support herself. He easily makes enough money to support her, and if he were a U.S. citizen he could sponsor her for legal immigrant status, but because he’s not a citizen his assets and earning capacity count for nothing. A lot of Canadians in that circumstance would just take their chances and bring her anyway–and it would be easy for a Canadian to do, just pull up to the border crossing, flash Canadian passports, and say you’re on your way to Disney World for a family vacation. But he’s not that kind, and he doesn’t want to risk embarrassing the institution. In the end, he’ll probably return to Canada to be with his daughter, and our university and our nation will be deprived of his services and his unique skills and talents because of some really short-sighted and rigid immigration laws.</p>
<p>The second point is this: violating immigration laws is generally not a criminal offense, therefore illegal immigrants are not “criminals.” Cheating on your taxes—or even shading the truth just a bit–is a criminal offense, but millions of Americans do it every year. Misreporting assets or income on a FAFSA is a criminal offense. Overstaying your visa or violating your status is not a criminal offense. This is all civil law, the equivalent of failing to shovel your walk and someone slips and falls and you’re legally liable, or breaching a contract; there are penalties, but they’re not criminal penalties. Here, the legal liability is deportation. That’s it. No one goes to prison, no one even pays a fine. Entering the country illegally is a crime, but as I said earlier, most aliens who are here illegally didn’t enter illegally. Lying to a federal official is a crime, but it’s equally a crime for U.S. citizens to do it, yet U.S. citizens do it all the time, smuggling in that extra bottle of French wine or underreporting the value of items acquired abroad. The vast majority of “illegal aliens” have committed no crime; most are here just trying to be with loved ones or supporting their families, and willing to undertake the risk of being sent back somewhere else. The children who are here “illegally” don’t even get to make that choice until they’re legally emancipated at age 18, and by that time many know no other homeland. They’re not felons, they didn’t even commit misdemeanors; they’re just kids, for gosh sakes, trying to grow up in the communities where their parent brought them and where they live, and the one best hope they have is to stay in school, study hard, earn an education, and hope that opens some doors for them. The effort to demonize them as “illegal,” thereby falsely implying they’re criminals, is harsh, cruel, unjustified, and in many cases just downright racist (because that’s an accusation that’s routinely hurled against Hispanics but not against Canadians).</p>