Smart Borders

All future postings from blogger Matthew Webster will now appear on:

http://smartborders.wordpress.com

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Duty Free

        The border is a fascinating anomaly. Here, pesos and dollars can be spent on either side of the Rio Grande. Spanish and English are accepted at most places of business, and the schools teach countless students who cross a bridge every day for their education. Everyone knows medicines are cheaper in Mexico, and just a 90-cent toll to walk across. Animals cross in broad daylight unhindered by la migra.

Which brings us to the singular case of duty-free goods. A host of duty-free shops on either side of the border sell discounted liquor and tobacco products. The buyer gets a claims ticket, walks to the bridge, and as they are passing through the turnstile, their product is then handed to them. All that is left is to walk across to Matamoros, then turn around and head back through U.S. Customs. The very idea seems ludicrous, laughable, and yet thousands of people do it a week.

Duty-free stores highlight the absurdity of our current, unresponsive, dehumanized borders. They are set up to be impermeable for people (think the 2006 Secure Fence Act), and yet goods and products are encouraged to cross the border many times. When the United States moved many of its automobile and textile manufacturers over to Mexico, this free movement of products was surely brokered into the deal. Why then are people viewed so differently by the current immigration laws?

America’s immigration laws are being disobeyed covertly nationwide. Some 12 million illegal immigrants currently work and reside in the United States. The problem, is, that those businesses which lured them to the United States do not want to “declare them” to customs or fight for a real path to their citizenship. No, instead, American capitalism is content to keep them illegal (read exploitable).

In his publication Young India, Mohandas Gandhi worded it in the following way.

We have too long been mentally disobedient to the laws of the State and have too often surreptitiously evaded them, to be fit all of a sudden for civil disobedience. Disobedience to be civil has to be open and non-violent. (emphasis mine)

Gandhi clearly saw that the rules were being bent freely. He decried this form of evasive disobedience, though, because it merely bends the law and encourages lawlessness. The world is a different place because men like Gandhi and Martin Luther King, Jr. chose not to bend bad laws but instead break them, openly and fully intending to accept the state’s punishment. Only then can true change happen.

Starting with the Bracero Programs in 1942 which sponsored about 4.5 million migrant workers, the United States has uneasily bent its laws concerning immigrants it deems it needs economically but does not want socially. Countless restaurants and fields and factories across these United States currently employ Mexicans and other illegal immigrants at substandard wages and without benefits. This “duty-free” work force is capitalistic cowardice.

If we truly welcome immigrant labor, our immigration laws must be reformed immediately. For too many years, government policy has been “hard” on immigration and soft on enforcement. This sort of double-speak, this mental disobedience embodied by the border has allayed the conscience of Capitol Hill, has freed it of its duty to its citizens, those Americalmost immigrants, and those businesses valuing an economic edge above social welfare.

However, we are never free of our duty to any resident of these United States. Pretending that 12 million living and breathing and loving and working people are negligible simply because of they lack a classification that came to many of us freely at birth is to ignore our duty. For Americans, our borders have been “duty-free” places for decades. Our modern wars abroad do not touch us anymore with rationing, peace-gardens, and can drives and so cease to be real; in the same way, Americans are granted an international bill of rights at birth which enables them almost carte blanche access to the rest of the world. How different it is just a few hundred feet across a river!

There is no such thing as “duty-free” living, and it is our duty to speak out against border policies and immigration laws which are unjust and limit residents’ rights. As Gandhi famously wrote, “Noncooperation with evil is as much a duty as cooperation with good.”

Criminalization

Much dialogue on marijuana in the last few decades has centered around the large rates of incarceration and the exorbitant cost of imprisonment. According to estimates in Eric Schlosser’s book Reefer Madness, some 20,000 inmates are currently imprisoned primarily for a marijuana charge. Proponents for legalization have a valid point when they argue that if marijuana were no longer criminalized, it would save the United States millions of dollars in lost labor and imprisonment fees.

What is more bizarre, then, is that very few politicians or advocates have spoken loudly or clearly on the topic of immigrant criminalization. With more than 12 million undocumented immigrants currently living and working in the United States, this number defies all logical enforcement and flouts our underfunded prisons.

There are essentially two types of bad legislation. Some failed legislation are good laws badly enforced, as in the case of the Emancipation Proclamation or school desegregation in the South. Both of these were good laws which lacked a concerted effort at universal, uniform enforcement. While some states succeeded in integrating students of all ethnicities, many states found loopholes and ways to thwart real enforcement.

The other sort of bad legislation are bad laws impossible to enforce. Prohibition, as laid forth in the 18th Amendment, was a good moral choice but bad legislation. State-mandated alcohol abstinence was impossible to enforce; it succeeded in little more than feeding mob activity and criminalizing thousands of people who up to this point had been law-abiding citizens.

Our current immigration system in the United States would fit into the latter category. With over 12 million illegalized citizens, it is fiscally and theoretically impossible to punish, discipline, fine, imprison, or detain every extralegal immigrant in the U.S. Its enforcement is impossible, but that has not stopped us from pouring $6.7 billion dollars into border security for 2007. Border security received more than a 3% raise from 2006, while education funds remained essentially the same and emergency funds were cut by 2%, even in the wake of the Katrina fiasco. With all these increased border security measures, the cost to apprehend a single illegal immigrant crossing the border has risen from $300 in 1992 to $1700 in 2002. And we still have over 12 million undocumented immigrants.

The only immigration reform which has been approved in the past few years has been in bulking up our border security. However, that is missing the crux of this situation – this is ultimately self-defeating, prohibitively expensive, and impossible to enforce.

Martin Luther King, Jr., in his outspoken speeched against Vietnam, stated that, “Justice is indivisible.” To have a law on the books which is unjust and not being enforced is to shake the very bastions upon which our justice system stands. Ultimately we must join with King in agreeing that, “no document from human hands can make these humans any less our brothers.” While amnesty will not solve everything, offering a feasible path towards citizenship for potential illegal immigrants as well as undocumented workers currently residing in the U.S. will begin to address this article of failed legislation and this pock upon our moral countenance.