|
Law in Contemporary Society
|
|
Crossing Borders: The Failures of Immigration in the United States and Australia-- By WilliamTodd - 19 Feb 2025 The current state of immigration in the United States is a mess. However, this is by no means a recent phenomenon. This is an issue that has been festering for decades with no real effort to wholly address it by any administration or any congress. This is an issue that has been waiting to be exploited by the right people at the right time, to maintain power and to foster hatred. This is an issue that has the potential to drastically alter the way people see the notion of immigration; to fundamentally transform the lens through which the American people view immigrants themselves. The rise of a fascist president at a time of increasing national frustration with the government’s disjointed and ineffective approach to immigration is undoubtedly a reflection of growing public dissatisfaction. However, it also has the potential to profoundly shape this dissatisfaction and to project it towards inhumane and draconian policies that seek to preserve racial domination as well as the president’s own power indefinitely. While this rightly raises alarms concerning the decaying fabric of our cultural values and the uncertain future of American democracy, it surely seems somewhat distant and unimportant to many – those who face the very urgent and very real threat of deportation. Having grown up in Australia, I am no stranger to the perils of a broken immigration system. Indeed, there is no shortage of overlap between the two Australia and the US when it comes to the strict and unforgiving nature of their immigration policies. Both countries stand out as attractive destinations for those seeking asylum and hope of a new start, unhampered by the destruction of war and political instability. Yet, they both maintain policies that make it extremely hard for those emigrating from around the world to enter and remain within their borders. The only major difference is a geographic one – as an island, Australia has an extremely effective natural border-wall. The combination of surrounding water and immense distance to any other country means that any person seeking refuge or asylum must travel long distances by small, ill-equipped boats in treacherous seas. These vessels are routinely intercepted by border patrol agents and the individuals aboard are shipped off to immigration detention centers, prison-like facilities in neighboring territories such as Christmas Island or Papua New Guinea. This kind of treatment may sound inhumane and shocking, but its practice is so deeply rooted in Australian law and politics that it faces very little resistance and widely enjoys bipartisan support. Reflection upon these injustices prompts necessary questioning about what can be done by lawyers to challenge these primitive policies and promote the rights of immigrants. There is a dire need to fight for legislation and robust policies that better cope with the reality of increasing mass migration in the modern world. The widespread prevalence of war and worsening levels of regional instability are drastically redefining the scope of immigration around the world and expanding the need for wealthier and safer nations to open themselves up to accepting unprecedented numbers of refugees. The reality is that these problems are only going to become more and more exacerbated in the coming years as the number of climate refugees increases in the midst of worsening effects of global warming. The need for help will only deepen. This will require legal and political approaches grounded in compassion and respect for the dignity of all people. This may sound far-fetched, especially given the current sense of indifference and brutality that seems to plague the political landscapes of both the US and Australia; And it is surely made worse by the fact that both citizenries are accustomed to view immigrants and refugees as inferior and undeserving of access to happiness and a basic standard of quality of life. However, for those that believe in the sanctity of human rights and the importance of upholding preserving each and every person’s dignity, we must not be deterred. We must educate. We must organize. We must fight back. To shift a national conscience, we must do so through widespread collective action. This long-term approach is built and sustained by transforming public opinion and simultaneously pushing policy agendas that not only support immigration in theory, but that also take practical steps to ensure adequate funding and resources that can support a robust infrastructure capable of administering a sophisticated immigration network. While these strategies are designed to effect meaningful change over the course of many years, they are largely void of any real substance when it comes to combatting immigration at this very moment. The need to fight for those currently or soon-to-be impacted by immigration crises around the world cannot be understated. I ground my assertion of the importance of improving immigration systems in the humanity of the very people at the center of it. This subsequently necessitates action to help people right now. As lawyers and prospective legal practitioners, we must staunchly defend immigrants around the country from the threat of deportation. This crisis is undoubtedly one in which those in the legal industry possess unique abilities to directly stand up and advocate for those in need. The illegality of recent immigration trends cannot be masked by a fascist regime that preaches hate and stokes division on the back of misleading facts and racist attitudes. The constitutionality of deportations and threats to birthright citizenship must be challenged with compassion and a keen awareness of the legal landscape. The daunting nature of this task is not lost on me – yet, there is no other choice. Obedience to fascism now breeds obedience in the future. It is time to take a stand. This will require bravery and courage in the face of seemingly insurmountable obstacles, but I am confident that it can be done. For that little boy in a Panamanian hotel; for that little girl in a detention center on small island in the middle of the Pacific – it must be done.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:
|
|
