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Treat Those Masses Yearning to Breathe Free With Decency

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Bill Ong Hing, a professor of law and Asian American studies at UC Davis, is author of "To Be an American: Cultural Pluralism and the Rhetoric of Assimilation" (NYU, 1997)

During his visit last week to California, one of Mexican President Vicente Fox’s top priorities was better treatment of undocumented Mexican workers in the U.S. His call to safeguard “human rights” of workers can only be accomplished by granting them amnesty.

Legalizing these workers would be an important step in overhauling onerous U.S. immigration policies aimed at criminalizing those who are simply seeking a better life. The nation decided long ago, as a matter of public policy, to punish those who attempt to cross our borders without proper documents. We punish them for jumping the border or for being boat people. For seeking political freedom. For seeking economic freedom. For seeking options. For dreaming.

The decision to criminalize applies to those whose travels across the southern border have been cultural rituals for generations--across a border into territory that for generations was part of Mexico. The decision applies, regardless of the hardships or conditions endured in the journey. Why do we make those aspiring to a better life into criminals?

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Some might argue that we can no longer allow compassion to overrule reason. So we punish to protect our borders, to protect our economy--even as employers continue to recruit these workers. After all, we cannot take everyone in, can we?

Today’s immigration selection system simply does not have room for many relatives who do not have the support of multinational corporations, professional backgrounds or substantial funds for investment. For the same reasons, the system has no slot for anyone who simply has a dream or sense of adventure, irrespective of the person’s drive, creativity or ingenuity. The system results in very severe backlogs in certain family immigration categories, particularly for siblings of citizens and spouses and children of lawful permanent residents. For some countries, such as the Philippines and Mexico, the waiting periods for some categories are 10 to 19 years. Many would-be immigrants are left with little choice but to explore other ways of entering without waiting.

We have the power to exclude, to punish and to criminalize these border crossers. But that power must be implemented morally and ethically with an understanding that we are dealing with real human beings. We should remain vigilant in our efforts to put a face on these good brothers and sisters who have been demonized by misguided segments of our society. The accents and skin hues of these people may differ, but they are the voices and faces of our own immigrant ancestors.

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