A Misdemeanor Should Not Mean Exile
N. Peter Antone
“What part of illegal do you not understand?”
That is a standard line I have heard from critics of legalization whenever undocumented immigrants are discussed. For some, that sentence seems to settle the matter — a complex immigration debate reduced to a single word, with no need for further discussion.
It is true that Congress has categorized unauthorized entry as a violation. However, it is generally designated as a misdemeanor. There are exceptions. In rare cases, a person who reenters the country illegally after being deported may face a felony charge. Minors who enter unlawfully are not considered to have committed a violation because of their age.
Misdemeanors are low-level offenses. Over time, conduct classified as a misdemeanor has included jaywalking, spitting on a sidewalk, driving with a burned-out taillight, failing to signal a turn, trespassing without damage or intent, loitering, removing abandoned property from a curb, dumpster diving, feeding pigeons, sleeping in a public park after hours, selling goods on Sundays and swearing in public, among many others.
The common thread is that misdemeanors do not necessarily reflect evil or malicious character. Many Americans commit misdemeanors during their lifetimes, often without realizing it.
Illegal entry is different in important ways. Although it is a misdemeanor, allowing it on a large scale could enable criminals, gang members, terrorists and drugs to enter the country. Even if most entrants are law-abiding, unrestricted entry strains communities and is unfair to those who follow the legal process. For that reason, it is best that anyone entering the country be properly vetted and do so legally.
My point, however, concerns those who entered many years ago, have no criminal records and have never abused the system. Some opponents of legalization appear to view illegal entry as a violation that can never be forgiven. Regardless of the circumstances surrounding the original entry or the person’s current family ties, deportation is seen as the only acceptable outcome.
That reasoning would be akin to saying that someone who once drove with a broken taillight should never be allowed to drive again. After many years, such penalties no longer serve a meaningful purpose. They become punitive for punishment’s sake. No other misdemeanor in American law carries a lifetime sentence of exile. Other areas of law recognize rehabilitation, statutes of limitation and equitable relief. Immigration law should not be the lone exception.
Most people who entered decades ago did not come intending to break the law. They came fleeing poverty or dangerous conditions, seeking better lives for their families. Many now have deep roots in this country; they have families and steady employment. Uprooting them and tearing their families apart serves neither justice nor the national interest.
We need a humanitarian solution that is fair, realistic and forward-looking. Our community understands both sides of this issue. We value the rule of law, and we believe in secure borders. But we also believe in family, redemption, and fairness.
For those who have lived here for decades, worked hard, raised children and stayed out of trouble, the question is not whether the law matters — it is whether justice requires permanent exile for a single misdemeanor committed long ago. A nation confident in its laws should also be confident enough to show mercy.