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Law in Contemporary Society
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Immigration and Presence-- By KevinS - 11 Apr 2016 America is a nation of immigrants. Obvious argument by European colonization aside, a significant percentage - nearly 25% - of the American population is either first or second generation immigrants. Besides demographics, the impact of immigrants on our society is undeniable. European immigrants in the mid-1800's provided crucial factory labor, Chinese immigrants greatly contributed to the transcontinental railroad, and Hispanic immigrants provide much of the nation's agricultural labor today. Despite of (or perhaps because of) the contributions from these immigrant groups, public sentiment responded negatively against mass immigration of these groups, sometimes with legislation. Since the Asian Exclusion Act of 1875, the U.S. has sought to regulate its borders against excessive immigration. While the U.S. has occasionally eased entry during the post-war period, the vast majority of American immigration history is one of exclusion. On November 20, 2015, this history was challenged by President Obama's Executive Actions on Immigration, which would recalibrate immigration priorities to maintain family unity by deferring action for parents of U.S. citizens or Lawful Permanent Residents. This proposition has been met with heavy criticism and sheer judicial stubbornness, embodied by United States v. Texas, which challenges the constitutionality of the President's prosecutorial discretion in immigration. In light of the immigration executive actions being before the Supreme Court after being ruled unconstitutional in the Fifth Circuit, the overall goals and values behind immigration policies warrant a closer inspection.Why is being here without permission so bad?("unlawful presence") (line cutting) (lack of sanctity/respect) (property right to exclude) (impermissible presence)Immigration vs. Criminal Violations(stigma) (public danger) (DHS association)What does this say about our values as a society?(fear) (authority)The Special Case for Undocumented Parents(other values and interests) (family) (futility of enforcement) Bar violent criminals and national security, I don't find a convincing justification for the removal of undocumented immigrants - parents specifically for DAPA - on immigration status alone. To the contrary, any forced deportation should be incumbent on the State's production of evidence, rather than a simple recitation of "entry without inspection."The key to improvement is focus. This is too large in topic, too blowsy in expression, ending in a proposition which (even if it were correct statesmanship and good social policy) is completely unachievable as law. You immensely exaggerate the importance of the recent immigration enforcement realignment, which is an adjustment in policy by an executive branch unable to unlock long-pending and plainly necessary legislative change. The heat of response is unrelated either to the legal or social effect of the activity, but you do not analyze carefully enough to explain that to the reader. Get to the heart of the one matter on which you have an idea that you can build an essay draft tightly around. If it's really why the only good immigration law is one that no conceivable Congress will pass, then you should at least deal seriously with the objections, which you don't have time, space or the inclination to do here. You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:
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