The Foreign Service Journal, June 2019
THE FOREIGN SERVICE JOURNAL | JUNE 2019 31 notes in this performance—including the travel ban, chain migration and anchor babies—the cacophony surrounding the wall helps both supporters and opponents puff out their chests and strut their virtue. The only losers are those who have more than a partisan or emotional interest in resolving the conflict, including actual immigrants and the communities that receive them. They should not expect a resolution to their real and pressing con- cerns anytime soon. Yet the scope of irregular migration today—with upward of 65 million people on the move—is such that it cannot be pushed aside. At the same time, no single country can respond adequately on its own. Diplomacy in the interest of fashioning international agreements to manage the problem is the only viable approach. Legal Requirements vs. Humanitarian Instincts Public talk about immigration reminds me of every discus- sion I ever heard in a Bosnian coffee shop during my 2014-2015 tenure as principal deputy high representative, and earlier as a refugee officer. It invariably begins and ends with an impas- sioned reference to some horrific event that obscures rather than illuminates the issue at hand. Both sides illustrate strongly held opinions with graphic examples excoriating the other point of view. Anti-immigrant zealots demonize immigrants as rapists and murderers; the other extreme sanctifies them as innocent victims of circumstance or malice. Both points of view are dehumanizing. They rely on stirring but distorted images to carry their arguments rather than on real people with complex motives and histories. Their aim is to capture the moral high ground, not to solve the problem. But manipulating imagery does not change the facts. Immigration has no inherent moral value, and immigrants are neither more nor less virtuous than anyone else. They were pushed or pulled from their homes by a host of different reasons from personal ambition to cataclysmic disaster. Some are victims, some are opportunists; some should be welcomed, some rejected. What separates migrants and non-citizen immi- grants from their citizen neighbors is vulnerability. Regardless of wealth, stature or origin, immigrants are at the mercy of authorities and systems over which they have little or no influ- ence. Their voices and images may be emotionally affecting, but their future is beyond their control. That dependency drives the conflict about immigration reform, setting the rule of law against humanitarian impulse. It also opens the door to diplomacy. National laws deciding who may and may not enter a country always produce inequities; they always leave on the outside someone who has a legitimate need for entry but lacks the appropriate legal category or politi- cal timing to gain it. Visa classifications, refugee protocols and asylum guidelines cannot keep pace with global trends—from criminal violence and global warming to new definitions of marriage and family composition. Immigration liberalizers point to the law’s deficiencies and appeal to values over stat- utes, while build-the-wall advocates tout the law as the final, unyielding authority. The debate has turned into a name-call- ing melee as the number of migrants and intending immigrants continues to grow. My own views on migration evolved in two parts. As a junior consular officer in the Dominican Republic, I scrupu- lously followed the rules and kept away from America’s shores the “wretched refuse” desperate enough to believe our own mythology. Years later, as a refugee officer, I met human- ity’s outcasts in the makeshift places they sought shelter. The memory of a refugee child from Kosovo haunts me still. Who had the right to confine a 10-year-old boy behind a chain link fence? Legally, the government of Macedonia, whose border he had crossed; morally, nobody. It is shocking to me that I may now encounter that same scenario in the United States: legally permitted, morally repugnant. Unproductive Approaches to Irregular Migration Erasing that image and closing the distance between legal requirements and humanitarian instincts is a global, rather than national, enterprise. No single country has the politi- cal or social bandwidth to respond adequately to the grow- ing demands and pressures of irregular migration. Sixty-five million people on the move do not fit into existing categories, either legal or humanitarian. Neither will they be deterred by piecemeal border controls. Focusing on national immigration reform as a response to that wave is neither comprehensive nor realistic. It is akin to promoting air conditioners as the answer to climate change. The problem will just continue to grow until it overwhelms efforts to avoid it. Focusing on national immigration reform as a response to that wave is neither comprehensive nor realistic.
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