Commentary Magazine


Compassion and the Rule of Law

The surge of illegal aliens–and in particular unaccompanied minors from Central America–across the border in Texas has started a debate in which more than immigration reform seems to be stake. While most conservatives are decrying the situation as the result of President Obama’s mistakes, some liberals are focusing on what they believe is the lack of compassion for the children that is being forgotten amid the politics. But as the plight of these desperate kids becomes publicized, Americans are being asked to make a choice between their charitable instincts and the rule of law.

That’s the conceit of a good deal of the coverage of the reaction to the border surge in which demonstrations by Americans angry about the arrival of busloads of illegals are seen as proof of the intolerance and anger at the heart of resistance to immigration reform. The deplorable condition of many of these children and the hardships and violence they faced on their way to the United States all demand the sympathy of any decent person. Once in this country, they deserve humanitarian aid. Republicans who have expressed reluctance to allocate funds to deal with the crisis may be right not to trust President Obama to use the $3.7 billion he has requested wisely. But so long as they are on American soil, there can be no question that the government and concerned citizens must do whatever is needed to see that they are housed, fed, and given the medical care they need.

But that isn’t what’s at stake in this debate. Nobody is saying that the kids shouldn’t be cared for. But the notion, pushed by the United Nations and a growing volume of liberal commentators, is that we must treat these illegals as refugees and let them stay in America rather than being sent back home.

The argument for this proposition rests principally on the idea that the kids are in genuine danger from violence in their own countries. Looked at from that point of view, sending them back would be a death sentence. Thus, granting them asylum is being represented as not merely ethical but our obligation as civilized people.

But the problem with this reasoning is that if this position is allowed to stand, Central America and indeed, much of the rest of the world, might well empty out as immigrants seeking a better life pour into the United States.

It may well be that some of the unaccompanied minors who have come here recently in their tens of thousands would be in danger back home. But the laws regarding refugees were intended to provide a haven to those with a genuine fear of persecution because of their politics, ethnicity, or religious beliefs, not merely those who had the bad luck to live in a country where the rule of law has broken down. Violence is nothing new in Central American countries and even if it has surged lately, declaring that anyone who had fled these nations has a right to stay in the U.S. would render all existing immigration law and even the concept of borders meaningless.

Such compassion is, after all, relative. Those declaring that the United States must absorb children sent streaming over our borders by parents who hope they will be allowed to stay are not, after all, also advocating that war refugees from Syria, Iraq, or Afghanistan or conflicts in dozens of other countries also be taken in with no questions asked. The point of such demands is not merely humanitarian but to underscore demands that those already in the country illegally be allowed a path to legalization if not citizenship.

I have always been sympathetic to such arguments since it seems to me that 11 million people cannot be deported and therefore amnesty is what we’re experiencing now. But the border surge and the subsequent demands to grant tens of thousands of illegal aliens who are minors asylum demonstrates the danger of signaling that illegals will not be deported.

Granting refugee status to the current group of unaccompanied minors will herald the start of future surges that no amount of border patrol or improved security will be able to halt.

If these children deserve compassion, and they do, then by all means the U.S. should extend it to them. If it means more aid to the countries where they must be repatriated or the creation of centers in those countries where they can be protected against predators and poverty, then so be it. But if they are allowed to stay we might as well kiss goodbye any hope of America being able to police its borders or to have a say in who comes or goes.

As the people of many Central American nations have learned to their sorrow, the collapse of the rule of law means is the beginning of the rule of predators and the end of compassion. If we are to avoid the same fate and to be of any use to those who understandably wish to come here–whether legally or illegally–we must not allow a false argument for compassion to undermine our rule of law.

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3 Responses to “Compassion and the Rule of Law”

  1. OCTAVIO LIMA says:

    The biggest problem with this compassion argument is the fact these people fleeing their countries are doing so because of the breaking down of the rule of law in their home countries. How is it that breaking the laws of this country will improve their lots?

  2. D W HENDRICKS says:

    The law was written to keep the children who get here from being abused. However, it seems that there are great delays in having their cases heard and many do not show up for the hearings. This leaves open opportunities for abuse. Will any changes in the law close these loopholes?

  3. MICHAEL ZORN says:

    “Rule of law” is not just another pretty, empty phrase, like “hope and change”. It’s a legal concept, the main one that separates free societies from despotic ones.

    Rule of law means that a society – and a government – operates under well-established laws, laws that change only after careful deliberation and common consent.

    The Rule of Law is what lets people, and companies, plan for the future, knowing that the rules will be essentially the same down the road, and that their leaders and government will not change them arbitrarily.

    Until recently, we have been living in a country that recognizes the rule of law. The Obama administration has effectively swept aside rule of law in our country. They have changed almost all the rules relating to health care and insurance. Obama has arbitrarily changed ans waived the ACA rules – after its implementation – making it almost impossible for anyone to reasonably plan for the future.

    What we see in many South American countries is not a lack of the rule of law, but simple lawlessness.

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