Tag Archives: Immigration

Home Again

There are many reasons why people want to emigrate to the United States.  One oft cited reason is abundance of economic opportunity.  Where one is perhaps stymied in his attempts to set up shop on a street in Bangladesh so that he will be able to make enough to support himself and his family, he will have no problem doing so in the United States.  Work hard, play by the rules, and the rewards will come your way.  This is the capitalist myth, aimed especially at immigrants, that has endured for as long as Ford has been making cars.  And it has worked — at least in luring immigrants to the United States.  What happens to most of them after they arrive and settle here is a different story.

I often wonder whether some immigrants now in the United States would not have been better off staying in their home countries.  Of course, there are many places that are not liveable even for the most resourceful and optimistic individuals.  I cannot tell you where those places might be from personal experience but if news accounts are to believed modern day Syria seems like an example of such a hellhole.  But what about other places where living conditions might be considered harsh but not unbearable to the point where one is in constant fear of being indiscriminately shot at, kidnapped or tortured?

It is true in many of these places you cannot have a house with a yard and two cars.  You are lucky if you can get a one bedroom apartment with your own bathroom and a separate kitchen.  You will either have to walk or to ride crowded buses and trains to most destinations you’d like to go to throughout the day.  What you eat for the day will be limited to what’s being served at the local food stand or cafeteria or what’s in stock at the local market.

Such living conditions certainly seem shabby when described in the abstract.  And all the more so when considered in tandem with images, littered all over the internet and publications, depicting homes in the West of uncompromising luxury.

The mindset of the immigrant who decides to escape such shabby living conditions in search of the gold-flecked frontiers of the United States is akin to what goes through the mind of a high schooler who is about to leave home for college.  For the student it is the excitement that she will no longer be bound by the rules and conventions that she had to observe while living at home.  No more curfews; no more dinner table rituals; no more lectures; no more chores.  It is the excitement of imminent freedom.

The same goes for the immigrant.  No doubt that with shabby living conditions come more rules and conventions that are meant to prevent conflict and maintain a certain level of social harmony.  To be able to free oneself from these social norms is understandably exciting.

But as is often the case, the immigrant eventually comes to his or her senses, as does the college student  It dawns on the immigrant that living in a place without the constraints that are often placed on one’s conduct in places that present more crowded, inhospitable living conditions make living a very lonely and purposeless endeavor.  And it dawns on the college student that life at home wasn’t so bad after all; that perhaps all those rules and conventions were in place for reasons, even if  some of those reasons never really made sense, and perhaps never will.

 

Orwell on Immigration

I have written extensively over the past year or so about the effects of a seminal Supreme Court decision in Padilla v. Kentucky, which, aside from its constitutional underpinnings, deals directly with another matter of great import: immigration. I recently came across a thoughtful passage from George Orwell — perhaps my favorite writer of all time — in which he offers his thoughts as to the origins of anti-immigrant feelings. It isn’t a particularly novel observation; in fact, the exact opposite might be true. However, it is worth recounting here; if anything, because, as Padilla itself makes clear, immigration continues to be a topic of public interest and also because Orwell continues to impress me, and hopefully others, in his perceptiveness and prescience.

[Orwell begins by recounting a conversation that he had overheard between two relatively well-off Scots in which they attribute a number of Scotland’s problems to the influx of the Poles. Among other things, the Poles are blamed for unemployment; the housing shortage, declining morals, etc. Orwell then proceeds to offer the following thoughts on this discussion:]

One cannot, of course, do very much about this kind of thing. It is the contemporary equivalent of anti-semitism. By 1947, people of the kind I am describing would have caught up with the fact that anti-semitism is discreditable, and so the scapegoat is sought elsewhere. But the race hatred and mass delusions which are part of the pattern of our time might be somewhat less bad in their effects if they were not reinforced by ignorance. If in the years before the war, for instance, the facts about the persecution of Jews in Germany had been better known, the subjective popular feeling against Jews would probably not have been less, but the actual treatment of Jewish refugees might have been better. The refusal to allow refugees in significant numbers into this country would have been branded as disgraceful. The average man would still have felt a grudge against the refugees, but in practice more lives would have been saved.

So also with the Poles. The thing that most depressed me in the above-mentioned conversation was the recurrent phrase, “let them go back to their own country.” If I had said to the two business-men, “Most of these people have no country to go back to,” they would have gaped. Not one of the relevant facts would have been known to them. They would never had heard of the various things that have happened to Poland since 1939, any more than they would have known that the over-population of Britain is a fallacy or that local unemployment can co-exist with a general shortage of labor. I think it is a mistake to give such people the excuse of ignorance. You can’t actually change their feelings, but you can make them understand what they are saying when they demand that homeless refugees shall be driven from our shores, and the knowledge may make them a little less actively malignant.

[UPDATE: I neglected to identify the source of this passage by Orwell; it formed a part of Orwell’s regular column in Tribune, a left-leaning British periodical, and which carried the common title, “As I Please.”  This was from As I Please 70, January 24, 1947]

Justice Stevens’ Last Hurrah (Maybe)

Last week the U.S. Supreme Court  handed down a significant decision in Padilla v. Kentucky written by Justice Stevens, which held that  criminal defense attorneys must now advise their clients of the immigration consequences of a criminal conviction.  Prior to this ruling, most state and federal courts scoffed at such a requirement, chastising counsel only when he or she misadvised a client about whether the risk of deportation posed by a conviction.  One upshot of those decisions was the encouragement of counsel, particularly the uncaring and lackadaisical ones, to remain silent when it came to the point of a case where the worlds of criminal procedure and immigration law intersected.  After Padilla, that will no longer be the case.  And, it is, of course, too early to tell whether the post-Padilla regime will result in better representation for clients.

What I am puzzled about is whether the rule announced in Padilla will have any retroactive effect as to convictions that became final after the Court decided Padilla, particularly in postconviction/collateral proceedings.  An initial review of Justice O’Connor’s seminal decision in Teague v. Lane brings me to the conclusion that Padilla could NOT be applied retroactively even with reference to Justice Harlan’s “ordered liberty” exception, i.e., that the rule announced in Padilla would be “the kind of absolute prerequisite to[a trial’s] fundamental fairness that is “implicit in the concept of ordered liberty.” ”

For those postconviction/criminal procedure gurus who may happen to stumble across this blog entry, I would greatly appreciate your collective thoughts on this issue.