Taking to heart the idea of the onus being upon myself as a member of the laity, I did some more checking on what my Bishop has said on this issue. It is too easy to confuse the bombastic opinions of activists, politicians, and reporters citing our bishops with the official positions of our bishops. It turns out the missive I was made familiar with was, as I suspected, related to an older version of the bill.
A later missive was dispatched in March of 2010 highlight two specific moral concerns with the bill:
“we are concerned that the present language of these bills does not clearly state that undocumented persons who become victims of crime can come forward without fear of deportation”
“However, the bill itself does not limit enforcement to persons suspected of criminal activity, thus leaving the possibility of criminalizing the presence of even children and young persons brought into our country by their parents.”
Those are both outcomes are valid moral concerns. The premise that the legislation will cause those outcomes is, however, speculation based on worldly disciplines, not theology.
I agree with my bishop’s moral concerns or judgment that it would be bad if victims of crimes could not report crimes without risking being deported. Likewise I reject the idea of minor children being charged with misdemeanors or felonies for being brought into the United States by their parents.
I simply don’t agree with the speculation that the language of the law provides for such outcomes. For example, I noticed language in the bill that specifically prohibited directing the first section against persons under 18 years of age. I’ve also observed protections for victims and witnesses in our other governing state statutes and policies.
But I respect the moral concerns my bishop has, and I’m happy to see initiatives in our state legislature already moving to amend or add to the law to provide greater explicit protections.
Then there is an April 21st missive, asking the governor to veto the bill. That horse has obviously left the barn, but my bishop’s moral concerns remain:
“The reason we raise these issues is based on testimony that occurred during legislative debate where it was noted that SB1070 may compel local police, far removed from the border, to ignore more serious crimes because of language requiring that they enforce federal immigration laws to the ‘full extent permitted by federal law.’”
“Additionally, we note that SB 1070 has been improved so that it is at least up to the police officer’s discretion as to whether crime victims and witnesses will be turned over on immigration charges. It would be much better, however, if victims and witnesses could come forward knowing for certain that they will not be deported.”
“Our concern is that this bill could make felons, not only out of dangerous criminals (as is warranted), but also the many undocumented immigrants who have come to this country at a very young age and have no familiarity with any other country but the United States. We are concerned for these children and for families that may have a mother and a father, one of whom is a citizen and the other of whom would now be considered a criminal.”
Issues #2 and #3 have already been addressed in part by my passages above. Issue #3 has been expanded on so I’ll address it further.
To the first issue, though, the outcome of police being compelled to ignore more serious crimes to enforce immigration law is a legitimate moral concern. The factual dependencies, however, are again rooted in speculation on possibility based on the worldly discipline of law. Again, the language in the bill specifies that, “A REASONABLE ATTEMPT SHALL BE MADE, WHEN PRACTICABLE” and lawyers and lawmakers have made it clear that such language never requires an officer to pursue an immigration violation over a more serious police call.
To the third issue, though, I see a further concern that a legal adult my be effectively stranded in an unlawful state in Arizona due to the actions of their parents over a decade ago. Such cases are, however, for Federal ICE policy to resolve. Culpability in one’s criminal state is further subject to a judge or jury. The Federal law is what it is and needs to be addressed lawfully. The concern about citizen / non-citizen pairings and parentage, however, does not seem like an urgent concern as there are already special VISA provisions for families where one parent is a citizen.
My bishop’s moral concern, however, is of great importance to me. We should work towards Federal immigration reform that delivers just outcomes for those illegal residences who are demonstrated to have been unwillingly stranded in the United States unlawfully by their parents.
So I think we need to work towards further legal reforms and improvements that specifically address these moral concerns with practical and just responses. We can not afford to get side-tracked by side-tracked by bombastic and uncharitable rhetoric fueled by lobbies who reject any and all legislation that restricts or reverses illegal immigration.