A common misconception many Americans hold today is that undocumented immigrants are committing a crime by remaining in the United States. However, in the case of Arizona v. United (2012) a verdict was reached which stated otherwise; the actual action of crossing the border is a crime, whereas residing in the United States without authorization is a civil offense. Furthermore, it seems plausible that a person found in the United States without proper documentation must have committed a crime to be in United States in the first place. However, this is also another misconception as the court came to the decision that this cannot be assumed and therefore an undocumented immigrant found in the United States cannot be charged for a crime.
That being said the federal government and in particular the U.S. Immigration and Customs Enforcement (ICE) Agency is aggressively trying to crack down on illegal immigration and deport any undocumented immigrants.
In addition to the misconceptions previously mentioned, I think many Americans including myself were misinformed during the recent presidential campaign on what sanctuaries cities were and what they did for undocumented immigrants. Knowing little to nothing about sanctuaries cities, I thought these cities helped prevent all undocumented immigrants from being deported regardless of their criminal record and thus hindering ICE. This is far from true, as a matter of fact San Francisco, a sanctuary city, specifically states that it’s not their responsibility to implement the federal government’s immigration policy and so they won’t help (San Francisco Resolution 1087-85), they will not discriminate against people based on their immigration status, and ensure their safety and welfare (Sanctuary Ordinance). On top of all of this, the laws only apply to undocumented immigrants who are law-abiding.
Despite these regulations there’s still been multiple incidences where undocumented immigrants have been mistreated. For instance, in 2006 a stabbing victim contacted SFPD officers for help and instead they arrested her. Another example is the case of Zarceno vs. San Francisco. In 2005 Mr. Figueroa was detained by United States Customs and Border Protection officers, who issued him a Notice to Appear, however it did not include the hearing date or location and so upon him missing the hearing, he was ordered to be removed. Ten years later he reported his missing car full of expensive tools and was instead arrested on suspicion and wasn’t read his rights. He was both scared and confused not knowing what was happening to him as his English was poor and wasn’t provided with a translator. A background check then revealed a warrant for him and so the SFPD contacted ICE agents. He was illegally transferred to ICE and remained in jail for 2 months. To top it all of the SFPD auctioned his car with all his tools in it. These awful examples are from a sanctuary city, and so I can’t even imagine how unjustly undocumented immigrants get treated in non-sanctuary cities.
Personally, I don’t think it’s okay for people to illegally immigrate to the United States especially when there are others following the rules and going through the right procedure to come to the United States legally. I understand that sometimes people are in immediate danger and are willing to do anything to escape and come to America, but at the end of the day there are rules to be followed and so it shouldn’t be a surprise when ICE agents are trying to find them and deport them. Perhaps there is also some blame to be on the United States for not accommodating and making the process quick enough for those in danger, but whatever the case is illegally immigrating is a crime and should be dealt with accordingly. However, I also don’t think two wrongs make a right. Discriminating against these people and not providing them basic assistance when in need of help is just as wrong if not worse. If you ask me, the real crime is arresting a stabbed victim in need of medical attention just because she doesn’t have proper documentation. As shown in the case of Moreno vs. Napolitano, ICE agents were abusing their power and in some cases taking illegal action just to deport illegal immigrants. These measures include issuing immigration detainers, detaining subjects without a warrant, and the absence of determining whether a subject is likely to escape. I don’t have a problem with ICE deporting illegal immigrants, especially criminals, but I don’t believe there is a need for such extreme actions to be taken as long as these people are law-abiding and contributing to our society. I believe this is where sanctuary cities like San Francisco come in, they are doing the right thing by just trying to protect and provide undocumented immigrants with rights anyone should be entitled to, not just American citizens.
