At least according to my Facebook friends, the U.S. is in crisis because we can’t figure out what to do with migrants who stream across the border with companions under 18 years of age (or at least who say that they are under 18!).
As noted in Americans separating children and parents at the border and within and How does our government deport children? it seems that we are forced by our current interlocking laws to operate an open borders policy for anyone who can get hold of a child before coming into the U.S. Because the child cannot be imprisoned in our current facilities and the child cannot be separated from adults claiming to be his or her parents, the adults and children who are here contrary to our immigration laws must be set free to roam this great land of Sanctuary Cities.
It is kind of interesting that the country that permanently separates more native-born children from parents than any other (comparative statistics on what our family law system does: “The USA stands out as an extreme case”), an activity that excites little interest and no media coverage (unless it is a Hollywood plaintiff), is now mad with passion regarding the temporary separation of foreign children from parents (my own state of Massachusetts, for example, which has historically been very pro-separation of children from loser parents in its winner-take-all family court system (e.g., if the winner parent wants to move to California with the child), has sued the Trump Administration to demand that migrants be set free in Texas).
I wonder if there is a middle ground that can satisfy at least some people on both sides of this issue: facilities sort of like the debtors’ prisons that were run starting in medieval times, e.g., Marshalsea. Obviously the physical quality of the community would be up to a 21st century standard rather than a 14th century standard, but the basic idea would be the same: families could all be in prison together and adult members could go out and work during the day.
[Credit for this idea to a European friend who is a student of history. He noted that it was bizarre that a nation that was so passionate about divorce, custody, and child support litigation would find the treatment of migrant children to be intolerable. He drew a parallel to the Bad Old Days in Europe as well: “In the 18th century there were kidnappers in Europe. You’d pay them and get your kids back. The difference between kidnappers and an American pussy worker is that you have to pay her, but you don’t get your kids back.”]
Readers: Could this work if we simply didn’t call it a “prison”? Could we combine it with Sanctuary Cities? From Compromise: Unlimited Haitians for communities that prepare to welcome them?
What if Trump were to offer immigration proponents an unlimited supply of people, without any preference for those capable of working, on condition that immigration advocates use state and local tax dollars to pay for their housing, health care, food, and walking-around money? So if people in San Francisco want to build a 1000-unit apartment complex for Haitian immigrants, and folks will be permanently entitled to live there by paying a defined fraction of their income in rent ($0 in rent for those with $0 in income), and San Francisco commits to build additional apartment complexes in which any children or grandchildren of these immigrants can live, why should the Federal government stand in the way of their dreams? (Of course, the city and state would also have to pay 100 percent of the costs of Medicaid, food stamps, Obamaphones, and any other welfare services consumed by these immigrants or their descendants.)
So being in “family immigration prison” would simply mean that you didn’t have the right to move. A Sanctuary City would welcome you, park you in a public housing development that its citizens had funded, and let you live there for however many years it took for your asylum application to be considered (and then, in the event of a negative finding, obstruct your deportation?).
Basically we would have the same de facto open borders policy that we have today for anyone who can find a convenient baby or toddler, but the “families” admitted under this policy wouldn’t have the same freedom to move from city to city or state to state as legal U.S. residents.
Related:
- Promise of divorce ruined by children (Australia parental relocation study) (notes on a talk about how Australia has tried to balance the interest of adult plaintiffs in family courts (they want to have sex with new friends while spending the income of their former spouses) with the interest of children (they want access to both biological parents, even parents who are court-deemed “loser parents”))
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