Why are Illegal Immigrants Criminals?

Most Americans believe that reform of our immigration system is necessary, because there may be over 12 million “undocumented” “illegal” persons living and working in the country.  Many came risking their lives in order to better them by finding good work in the United States.  Many did find work, and now they greatly add to our economy by working jobs that many jobless citizens won’t apply for.  Despite being here for a long time, however, many live “in the shadows,” so to speak, always worried about an ever-possible deportation that would break up their families.  Most would simply like to pay their fines for breaking the law and begin the road to achieving citizenship.

Everyone knows, of course, that crossing into a country without having permission to do so is an “illegal” action.  So, those 12 million are “criminals.”   They broke a law.  But why is that law there in the first place?  Why is crossing a border without visa an illegal act that makes the person a “criminal?”

In 2-3 paragraphs use Conflict Theories (as in Chapter 8) to write a thoughtful and reasonable explanation about the origins of immigration rules.  Who writes them?  Why do they do so?  Who lobbies whom in order to control immigration? Why is Congress unable, or unwilling, to move on the issue?  What are the vested interests of those pushing for action and what are the vested interests of those pushing back?  Ultimately, how would Conflict Theorists explain “why are illegal immigrants criminals?”

Note:  You cannot answer this question by saying “Illegals are illegal because they broke the law.”  Rather, you need to describe how Conflict Theorists would answer the question posed above.

You will be graded for this exercise mostly on how well you show that you understand Conflict type theories of crime.  Errors in your understanding of specific immigration laws will not hurt you.  In preparing your essay, though, you may need to, or want to, do a little background research, just to be sure you’re not totally “out in left field.”   You do not need to know technicalities about immigration law to complete this assignment.   Still, I have listed here a few useful resources on immigration law.  You do not need to consult them or cite them.  They are listed here only to offer you help, if you feel that you need help on the issue.

http://www.uscis.gov:  US Citizenship and Immigration Policy website.

http://www.uscis.gov/policymanual/HTML/PolicyManual.html:  (US Citizenship and Immigration Policy Manual)

http://www.nilc.org/about_us.html   (National Immigration Council)

http://www.americanimmigrationcouncil.org    (American Immigration Council)

(FYI: Crossing into the USA without a visa is a misdemeanor-level act, almost the equivalent of a speeding ticket, but at the Federal level; not at the State or Municipal level.  Beware of all the “respect for law” hysterics you may read about from prejudiced individuals and from some politicians. When I speed, get caught, and pay the fine, I show “respect for law.” My actions aren’t the equivalent of treason or sabotage.)