Political Punch Response to Bishop Tobin regarding immigration

Sep 4, 2008

As a lawyer involved day to day with issues of immigration enforcement, as well as a Catholic, I read with interest the August 19, 2008 letter from the Bishop of Providence, the Very Reverend Thomas Tobin, regarding immigration enforcement in Rhode Island. See August 19, 2008 Letter  In that letter, he asks Immigration and Customs Enforcement (ICE) to stop its recent enforcement operations in Rhode Island.

 

Bishop Tobin asserts that the recent arrests of aliens unlawfully present in Rhode Island are "unjust" and inconsistent with "God's law." He seems to say that arrests by ICE agents are only legitimate for those who are “responsible for felonies or other serious crimes.” Bishop Tobin “encourage[s] the agents and staff of ICE to evaluate the morality of their participation in immigration raids." 

 

Does an ICE agent act immorally when he or she arrests an alien who has violated U.S. immigration law?  The basic teaching of the Catholic Church on immigration is that nations are "obliged, to the extent they are able, to welcome the foreigner in search of the security and means of livelihood which he cannot find in his country of origin.” (Catechism of the Catholic Church, (CCC), #2241). Such persons should be able to reside with their immediate families in the United States. (Charter on the Rights of Families, art. 12) However, nations, "for the sake of the common good for which they are responsible, may make the exercise of the right to immigrate subject to various juridical conditions.” (CCC, #2241).

 

These principles are seen in U.S. immigration law. Family ties are key in determining who can reside in the United States. For example, an alien who marries a U.S. citizen can obtain lawful resident status.  Moreover, Congress has accorded a right to remain here if an alien can demonstrate a threat of persecution in his country, or if conditions in his country are too dangerous.

 

However, for the sake of the common good, Congress has drawn lines and placed limits on immigration. Potential immigrants must follow the law. Non-citizens of the United States who enter the U.S. surreptitiously, remain longer than permitted, or commit crimes here are subject to arrest. The ill-effects of illegal immigration in this country are demonstrable in a number of ways, for example, the identify theft that aliens may perpetuate against U.S. citizens in the alien’s attempt to work here illegally.

 

For immigration laws (or any laws) to have relevance, they must be enforced. An ICE agent in arresting an alien unlawfully present in the United States is enforcing a law duly passed by Congress designed to promote the common good.

 

Moreover, such an arrest does not automatically result in an alien's removal from the United States. After an alien is arrested, the immigration law accords him a variety of rights, such as the right to request release on bond and the  right to apply to remain here, if eligible to due so.  

 

One may certainly advocate for some form of legalization of those currently illegally in the United States or new visas to permit more persons to work here legally, based on principles of Catholic Social Doctrine. President Bush promoted a form of earned legalization as well as greatly expanded temporary work visas last summer, but such attempts failed in the Senate.

 

But assuming U.S. law could be more generous, it does not follow that ICE is acting immorally in enforcing the current law against those who violate it. As recognized by the Church, a nation has a right to make immigration subject to various juridical conditions.  If someone violates those conditions, he may be arrested.

 

In short, ICE agents are not violating the moral law in arresting aliens unlawfully present in the United States.   

 

Paul B Hunker III