Not to be out-progressed by her opponents, 2020 presidential hopeful Sen. Elizabeth Warren, D-Mass., endorsed the decriminalization of illegal immigration this week.
Though she hasn’t released a comprehensive immigration reform plan yet, Warren told the Huffington Post that she supports 2020 hopeful Julián Castro’s plan, which would repeal a federal statute that criminalizes illegal entry into the United States, punishable as a misdemeanor.
Under Section 1325, illegal immigrants caught crossing the border without permission could serve up to six months in jail. If they’re repeat offenders, they could face immediate deportation or serve up to 20 years, depending on the crime committed.
“We should not be criminalizing mamas and babies trying to flee violence at home or trying to build a better future. We must pass comprehensive immigration reform that is in line with our values, creates a pathway to citizenship for undocumented immigrants including our DREAMers, and protects our borders,” she said.
It seems Warren is one step closer to finally admitting our immigration system is facing a severe crisis, due to overburdened immigration courts, a lack of resources, and the unwavering flood of migrants that continue to seek help from the U.S.
Warren is now making the case that immigrants who cross the border illegally shouldn’t face prosecution before their cases are heard by administrative judges, which the system currently allows. Castro’s alternative is reclassifying illegal border crossings from a federal crime to a civil infraction. This would make immigration a singularly civil issue, giving immigration judges more authority, and thus, more responsibility. If they want to unclog the backed-up immigration courts, this isn’t the way to do it.
Ultimately, the problem with Castro and Warren’s effort is that it would do nothing to stem the tide of migration and everything to accelerate it. Our immigration system needs serious, comprehensive reform, but it must address the problem at its source. For Rep. Seth Moulton, D-Mass., this means giving aid to Central American countries that can’t support their own people.
“If you cross the border illegally, that’s illegal,” he said at a Washington Post Live event on Wednesday. “I want people to come to America legally. I want a system that encourages legal immigration because that’s who we are, a nation of immigrants. I think [Castro’s] plan would do the opposite.”
The problem of illegal immigration is ultimately the result of the America’s failure to enforce its laws. As it stands, few consequences exist for those who do cross our border illegally. Eliminating all consequences would subvert the execution, and thus the sanctity, of our laws, all while doing nothing to abate the steady flow of migrants in search of something better.
There’s a better way to tackle this, and it doesn’t start with opening the floodgates.
