PERSPECTIVES

Over the past several years, we have seen that the characterizations of the illegal alien range from the sympathetic to the xenophobic. Such characterizations contribute to the confusion about the illegal alien problem. The media usually portray the plight of the illegal alien in the United States using the historical view of a nation of immigrants. Often, the media resist portraying the illegal alien as anything but the hard working border-crosser that simply wants to feed his family. However, the traditional image of aliens has long since changed as a result of the terrorist attack on the World Trade Center on September 11, 2001.

By way of introduction, immigration law violators are not immigrants. They are aliens who are in the United States in violation of law. There is a profound difference between individuals who legally apply for admission and fulfill all the requirements for admission, and those who decide to enter the United States, or intentionally overstay their visa, in violation of law.

Excluding breaking the immigration laws of the United States and committing ID theft and fraud, do illegal aliens commit more crime than legal immigrants? Probably, but nobody really knows. Do illegal aliens commit more crime than citizens? Most likely, but nobody really knows.

What we do know is that the Justice Department does not report crimes committed by foreign nationals, illegal aliens, or even Hispanics (about 80% of illegal aliens are Hispanic). Interestingly, the DOJ does, however, report crimes committed against Hispanics, including illegal alien Hispanics, but will not distinguish if the perpetrator was Hispanic himself. (Crimes committed by Hispanics, including illegal alien Hispanics, go into the “Caucasian” category, as “Hispanic” is an ethnicity, not a race.)

Some local law enforcement officials have expressed concern that their officers may not enforce Federal immigration law because illegal aliens have not committed a felony and, as such, the local officers may not have the authority. In fact, this distinction is irrelevant since the courts have agreed that state and local police have inherent authority to enforce all federal immigration laws against violators, whether the violation is a civil or a criminal offense.

That being said, the only instance in which illegal immigration is a civil, rather than criminal, violation is when an alien either overstays his/her legal visa or violates the terms of his/her visa. However, if that alien then obtains employment, a criminal act has been committed— most often by the alien (presentation to the prospective employer of an expired, fake, stolen, or altered document), but sometimes by the employer (failure to comply with the I-9 process). So, most illegal aliens—even overstays —have committed a criminal violation .

The real reason cities prohibit their cops and other employees from immigration reporting and enforcement is, like nearly everything else in immigration policy, the numbers. The immigrant population has grown so large that most public officials are terrified of alienating it, even at the expense of ignoring the law and tolerating violence. In Southeast, we’ve seen a curbside work solicitation resolution, defeated by a vote of 3-2; we’ve seen Brewster’s mayor publicly call for the establishment of a day laborers’ work station, and sadly, in the weeks following the death’s of Lori and Kayla Donahue, we’ve seen weekly reports of illegal alien drunk driving incidents in and around Putnam County.

The problem of criminal activity among the illegal alien population in our area can only be addressed when our elected officials recognize the scope of the problem and address it in a uniform, consistent way. This means enforcing existing laws and fully prosecuting those individuals who employ illegal aliens.

Doing anything less will dishonor the lives of Lori and Kayla Donahue.

Ed Kowalski, of Pawling, is a Director of 9/11 Families for a Secure America. His niece, Elizabeth Butler, was murdered in June 2005 by illegal alien Ariel Menendez. Menendez was felony and misdemeanor-convicted prior to his murdering of Elizabeth.