Equity in Contemporary Immigration Enforcement: Defining Contributions and Countering Criminalization

Immigrants contribute economically, socially and culturally to the United States regardless of their legal status. However, the rise of “crimmigration,” or the “criminalization of immigration law,” has discounted these contributions, preventing them from being taken into consideration in deportation decisions.  Over the years, scholars have articulated a range of factors that justify protection from removal or even regularization of status. This article builds upon that literature, and presents a more nuanced typology of the societal contributions that should weigh against removal. A second purpose of the article is to expose how the powerful trend of criminalization has begun to infect even the limited space where discretion can be exercised, and has converted even favorable activity into perceived criminal activity. The authors suggest that two types of contributions by noncitizens should be taken into consideration in the context of immigration enforcement decisions: first, sustained economic, social, and cultural contributions; and second, contributions that support the government in its functions, such as serving in the military, serving as a sponsor for an unaccompanied minor, or aiding in a criminal prosecution. One of the perverse consequences of the current system is that immigrants may refrain from making contributions to the community for fear of detection and deportation. The authors acknowledge, however, that their “contributions framework” overlaps somewhat with the concept of “earned citizenship,” which posits that an original evil act has to be somehow overcome by good behavior. In truth, illegality in immigration may result from flaws in the current immigration system or in U.S. foreign policy. Nonetheless, restoring balance and equity into the current immigration system by articulating the circumstances that should grant a “right to remain” seems to be a worthwhile undertaking, as it may help to restore the immigration system’s “moral legitimacy.” (American Immigrant Policy Portal)

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