19 March 2017
While I favor a welcoming and less expensive immigration legal process than the one we have, it is important that the individual rights of Americans and those in the USA legally as residents or visitors be protected. The context of individual rights requires that those who would enjoy them must also honor the right of others to enjoy them. People known to have acted in violation of others individual rights in other countries should be culled from the pool of those allowed to immigrate to the USA. They have no right to expect the rights we Americans are supposed to protect for one another. The legal process for immigration that the Constitution wisely assigns Congress to create in law is a rational recognition of this context for individual rights. We have a legal process created by Congress and flawed as it is, it should be enforced as the Rule of Law requires. I would like to see many improvements in the immigration laws, but it is important that government review the character of those wanting to immigrate to the USA for the worst misfits for a society that values individual rights.
Context should also be applied to the anchor baby issue. The Constitution both states that Congress will create immigration laws and that those born in the USA are citizens of the USA. Congress having established a legal immigration policy and the federal government having enforced it in accordance with the Rule of Law, there are not supposed to be any illegal immigrants in the USA. The writers of the Constitution no doubt made those born in the USA citizens in that context. Making children born to illegal immigrants citizens violates the context and creates the horror situation of legally having to deport their parents even as the children are incorrectly deemed citizens. Context properly held, those born of illegal immigrants should not be considered citizens.
Context is again critical to the issue of Muslim immigrants. For those Muslims who believe that the use of force to make others practice Islam or to prevent those born into Islam from leaving is a requirement of their religion, the context of freedom of conscience is violated. Freedom of religion is a subset of that broader freedom of conscience. As with every right, the right can only be claimed and enjoyed by those willing to allow all others that equal right to freedom of conscience. It is entirely rational to prevent the immigration of those who practice the religion of Islam and who believe that it requires them to use force to prevent others from enjoying their equal right to freedom of conscience. Doing so is not an infringement of freedom of religion as it is often claimed to be, but a recognition of the critical context in which all individual rights can be exercised.