A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the words of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust. All segregation statutes are unjust because segregation distorts the soul and damages the personality.” (Why We Can’t Wait 82)
Martin Luther King’s differentiation of just and unjust laws was used in the civil rights movement to condone the breaking of Jim Crow laws which were perpetuating immoral segregation. Our nation’s current immigration laws, which themselves hinder real integration for at least 4% of our resident population. Just as in the civil rights movement and today’s unresponsive immigration laws, unjust legislation creates criminals out of moral men and women.
Another important distinction, however, is that unjust laws create victims and victimizers. With more than 12 million people currently living on the other side of our nation’s immigration laws, more than half of whom have just overstayed visas, corruption and victimization are rampant. A New York Times article which ran yesterday detailed the sad story of several women who have been subjected to rape and sexual assault in hopes of procuring the ever-elusive Green Card. Nina Bernstein writes, “..it raises broader questions about the system’s vulnerability to corruption at a time when millions of noncitizens live in a kind of legal no-man’s land, increasingly fearful of seeking the law’s protection.” (Bernstein, Nina “An Agent, A Green Card, and a Demand for Sex” New York Times: Mar. 21, 2008. ) The chilling reality is that these sobering tales of corruption in low-level immigration positions belie the thousands and potentially millions of similar stories where people without rights, recourse, and protection of the law are taken advantage of by citizens, most of whom are legal through no merit beyond their birthplace.
Gone unchecked, this long victimization of immigrants has been below the national radar. With nativists calling for massive deportation, which would run upwards of $94 billion and shock jocks emphasizing the few extralegal residents who break other laws, the American public has been unaware of the power game going on in immigration agencies, businesses which hire undocumented workers, and in the hearts of normal people who are tempted to profit from the precarious position of these extralegal residents. Bernstein notes that,
Money, not sex, is the more common currency of corruption in immigration, but according to Congressional testimony in 2006 by Michael Maxwell, former director of the agency’s internal investigations, more than 3,000 backlogged complaints of employee misconduct had gone uninvestigated for lack of staff, including 528 involving criminal allegations. (Bernstein, Nina “An Agent, A Green Card, and a Demand for Sex” New York Times: Mar. 21, 2008. )
Because unjust laws fly in the face of a higher law, they make a mockery of the Justice which laws are designed to approximate. As a result, the “criminals” created by unjust laws become helpless victims and law-abiding citizens are tempted to use the law to their advantage. Victimized and victim become dehumanized because, as Dr. King stated, unjust laws degrade human personality and make us tend toward the worst in human potential.
At the risk of alienating some of my Christian brothers and sisters, the parallels between abortion legislation and immigration legislation are haunting and worthy of note. There are two reasons why many Christians, like the revered evangelical author Jim Wallis, are opposed to absolutely overturning Roe v. Wade: 1.) because when abortion becomes illegal, unsafe, makeshift clinics would instantly pop up and endanger the lives of thousands of women; 2.) to ban abortion while not simultaneously increasing welfare and child-care programs would be to sentence these children and their mothers to a bleak future. The main problem with overturning Roe v. Wade, then, would be the resulting victims and victimizers. Jim Wallis, along with many Christians, advocate a pro-life instead of pro-birth stance, by trying to rid the underlying causes of abortion. A simple scan of countries where abortion is illegal, such as Mexico, shows that instead of ending abortion these laws simply mar human rights by making the practice more dangerous and lethal.
In much the same way, unjust immigration laws like a quota system based on national origin and a lottery system based on mere chance create victims and victimizers. Our country must strive for comprehensive immigration reform so that our laws uplift human personality by granting immigrants and their native neighbors every opportunity to realize their full potential.
Smart Borders 