On a bright June 15th President Obama directed the Department of Homeland Security to use their prosecutorial discretion to discontinue the deportation of those young undocumented immigrants under the age of 30 who had arrived in the United States before they turned sixteen, had lived here for at least five years, had not been convicted of a crime, and had graduated from high school or are currently in school. The standing rhetorical trope was that these youngsters should not be punished for being brought to America “through no fault of their own.” While some complained that the president did not have the right to determine which laws should be enforced or that the policy turnabout was cynical, so close as it is to a hard-fought election, much of the response, including the reaction from many Republicans, was that the policy, if not the process, was right.
Again and again we heard the mantra that children should not be punished for acts that were not their fault. How could a three-year-old decide whether to live in Tampa or Tampico? How could a seventeen-year-old valedictorian decide to return “home” to Veracruz when her family lived in Santa Cruz? According to surveys, most supported the idea that it was fundamentally unfair to prosecute and persecute these children.
This rare bipartisan comity raised an underlying issue. Many things happen to children through no fault of their own. Do we as a society have the responsibility to respond to these generational fault lines? Most dramatic are the pernicious effects of poverty. Just as some children are brought across the border in violation of immigration laws, other children are born into home-grown poverty through no fault of their own. Or they are brought up in familial environments of violence, drugs, neglect, and abuse. Does society have any responsibility in ameliorating the damage?
Perhaps we claim that these are fundamentally different matters. In the case of undocumented children, we are merely deciding that, if they pass our moral hurdles, they be left alone. This seems like a sturdy . . .
Read more: “Through No Fault of Their Own”: Immigration, Social Injustice and the Bank Bailout