The Law of the Land
May 10, 2010
The recent new immigration law in Arizona has turned the country in turmoil.
The Arizona law makes it a crime to be in the State illegally (I thought that’s what illegal meant!) The law also requires that non-documented individuals have an identity card and allow the police to ask for ID whenever there is “reasonable suspicion” that an individual may be in the U.S. illegally. Arizona’s illegal immigration is particularly acute. More than 7% of the total population of Arizona is illegal.
Supporters of the new law claim that it allows border authorities to do their job. Furthermore they believe that the law will help in reducing drug related crimes that include kidnapping and murder. These are solid arguments. Criminals, particularly violent ones should be arrested, prosecuted and deported.
Opponents of the law claim that it violates human rights, encourages profiling and is unconstitutional.
There is no doubt the U.S. has a major illegal immigration problem and that an overall immigration reform is urgent. According the U.S. Census Bureau, there were 10.8 million illegal immigrants living in the United States on January 1, 2009. Approximately 60% of illegal immigrants come from Mexico.
Most of illegal immigrant have been in the U.S for a number of years, are employed, pay income and social security taxes and provide a valuable contribution to the economy. We should find a way to allow them to stay in the country legally.
An interesting question in this debate is what should an individual do when he or she believes a law is immoral or unjust?
The answer of course depends whether we are dealing with a democracy or a totalitarian regime.
In a dictatorship the options are not many: Exile when possible or resistance (for the courageous.) My maternal grandfather Charles Gabriel Petter was courageous and entered the Resistance during the German WWII occupation of France.
In a democracy the options are many from public demonstrations, as we have witnessed these recent days, to the ballot box and civil disobedience. We should utilize all the possible legal ways to oppose a law we believe is immoral.
A more pertinent question is how to you determine if a law is morally acceptable or not and what are the criteria for making that determination?
We should examine a law in view of our core values such as justice, fairness, the sanctity of life, respect, and honor.
The 19th. Century French economist and statesman, Frederick Bastiat once said:
“When law and morality contradict each other, the citizen has the cruel alternative of either losing his moral sense or losing his respect for the law.”
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