DACA and AL: if you do it long enough it’s OK

First, as I’ve said many times, I think the GOP should propose a law with a path for citizenship for illegal aliens and personhood/citizenship for the unborn.

Second, usual caveat that “I voted for Castle,” and I have no particular opinion of Steven Bannon, one way or the other.

However, I would like to present a few scenarios for your consideration:
1) A school says “We think plagiarism is bad.  A first offense is a failure of the assignment.  A second offense is a failure of the course.  A third offense is expulsion.  Oh, but if you’ve been plagiarizing for 4 years of school, and we find out a month before graduation, you’ll be allowed to graduate with those who have been working hard.”
2) A man loses his job.  He decides that applying for disability/unemployment, Medicaid, etc., is too difficult and/or demeaning and would require too  long a wait so he starts stealing for a living (i.e., Fun with Dick and Jane).  He steals for years.  His children grow up learning to steal with him.  He gets caught after years of stealing.  Do we let him off because he’s been doing it so long and because his children are involved?
3) A family jump the fence of a rich Hollywood celebrity or a bishop and declare themselves residents of his home.  Technically, per Catholic Social Teaching, there is a greater obligation for the celebrity or the bishop to share his residence than for a country to allow open immigration–and in the latter case, try emigrating to the Vatican and see how that works out.

This is the struggle I have with the concept of “amnesty” for illegal immigrants and their families.  I used to take a stronger pro- stance, but then legal immigrants or second/third generation Mexican-Americans whose relatives came here illegally convinced me that it’s an injustice to those who work hard to come here.

And the same is true of the controversy around Amoris Laetitiae: if you point out it’s a double insult to the victims of adultery who already suffer from “no fault” divorce and rubber-stamp annulments.  It’s like saying, “If you’ve sinned long enough, you’re OK,” on this narrow group of sins, but would the same reasoning apply to a serial killer or a racist or a thief?

In the current discussion, there are three issues at play:
1) How best to handle illegal immigration (and this is far too complex an issue, morally or legally). What I do know is that arguments from emotion or “justice” work both ways, and I tend to focus on the injustice towards those who are struggling or have struggled to follow the US’s existing laws that are already more generous than most countries’s immigration laws. I see this as basically the equivalent of “plagiarism is bad but if you’ve been plagiarizing all through school and just got caught right before graduation we won’t expel you.” Just as the “justice” and “mercy” of AL is unmerciful towards the victims of adultery and the children of the first marriage. At the same time, aspects of US law regarding refugees are inconsistent and purely political.
2) Whether the president has the right to legislate via Executive Order, and he doesn’t. Outside of a proper Catholic monarchy, the only way to even remotely protect against corruption and dictatorship is a precisely worded Constitution implemented literally (this is a principle Aristotle understood two and a half millennia ago). Dictators always act in what they think is “justice.”
3) Whether the bishops have “moral authority” to be expressing “moral outrage” over one particular aspect of US immigration policy, particularly on the grounds of a supposed absolute obligation to enforce positive Scriptural law in a particular way. If that is the case, if refusal to “welcome the stranger” regardless of the circumstance is a moral duty, then they should be leading by personal example. Saying that it’s wrong to hop the bishop’s wall and declare yourself a resident of his palace but it’s right to hop the border and declare yourself a resident of another country is hypocrisy.

 

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