President Trump took a hard stance on immigration when he announced his candidacy for the Presidency of the U.S. One of the most popular slogans at his rallies is “Build the Wall”, and it is reasonable to argue that his position on immigration played a major role in him becoming the President of the Country. President Trump understands immigration is one of the issues that inspires his most loyal supporters, and it has only emboldened him to experiment with some of the most restrictive immigration policies in modern U.S. history. Hence, it is not difficult to understand the rationale behind his administration’s zero tolerance policy that resulted in family separation on the borders. The opposition, even from Republicans, took President Trump and his administration by surprise, and some measures were reversed. However, the policy remains in effect in some form. President Trump’s zero tolerance policy should be abolished completely because it is unconstitional, violates America’s commitment to international laws, and betrays the country’s rich tradition of providing refugee to immigrants escaping violence and persecution.
The zero tolerance policy should be abolished because not only it is unethical and immoral but also unconstitutional. The zero tolerance policy violates the constitution’s 14th Amendment that states among other things, “nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” . It is clear from the 14th Amendment that the refugees have the right to apply for asylum without fear of being separated from their children because asylum is a legal right in the U.S. The U.S. Government violates the rights of the children to be cared by their parents through the zero tolerance policy. The U.S. Supreme Court affirmed the right of the parents to care for their children through at least two cases, i.e. Stanley v. Illinois in 1971 and Santosky v. Kramer in 1982. The court ruled the 14th Amendment gives the right of custody to the parents so that they can take care of their children . The zero tolerance policy deprives the refugees of the custody of their children without due process, so it is not just cruel but also unconstitutional.
President Trump’s zero tolerance policy has no place in America because it violates America’s obligations under international laws. U.S. law defines refugee as someone who cannot return to his/her country due to well-founded fear of persecution for reasons such as race, political opinions, religion, and national origin. The definition of a refugee under the U.S. laws has been borrowed from the United Nations 1951 Convention and 1967 Protocols, to which U.S. is a party. U.S. Congress passed the Refugee Act of 1980 to formally adopt the UN Convention’s definition of a refugee, and this definition guides the U.S. Refugee Admissions Program (USRAP) . America is a nation of laws that adheres to high ethical and moral standards. This image of America has played a major role in strengthening its political and social influence in the world. When America fails to honor its commitment under international laws, it also weakens its efforts to promote respect for international laws around the world.
President Trump’s zero tolerance policy should be abolished because it is an affront to America’s rich tradition of providing refuge to immigrants escaping violence and persecution. Embracing refugees is such an integral part of the nation’s immigration tradition that it also found its way in Emma Lazarus’ The New Colossus on the Statue of Liberty . Some of the lines read as follows,
“Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!”
It is reasonable to argue that the Statue of Liberty is the most powerful symbol of the values and principles that have guided America since its birth. We should also remember that the zero tolerance policy is not a novel approach to immigration in the history of our country as we have had shameful episodes of vilifying immigrants in the past. Other immigrant groups such as Italians and Eastern Europeans were also subjected to propaganda and violence in the past including lynching and accusations of terrorism . The progressive nations learn from their past and vow not to repeat the mistakes of their ancestors. This zero tolerance policy mirrors the shameful past episodes of our country and violate the principles and values on which this nation was founded. President Trump’s zero tolerance policy should have no place in America because it is incompatible with the values and immigration tradition of America.
President Trump began his journey to Presidency by taking a hard stance on immigration and immigration continues to be one of his major policy issues. Every country should enforce its immigration laws and America is no different. However, it is possible to enforce immigration laws without resorting to cruel policies like zero tolerance. President Trump’s zero tolerance policy should be abolished because it is unconstitional and, particularly, violates the 14th Amendment. The zero tolerance policy has no place in America because it also prevents America from fulfulling its obligations under international laws. The zero tolerance policy also violates the guiding principles and immigration tradition of America. Afterall, America has always been a beacon of hope for refugees escaping violence and persecution. We should never forget our shameful treatment of immigrants in the past, and vow as a nation to never repeat them.
- American Immigration Council. An Overview of U.S. Refugee Law and Policy. 17 September 2018. 10 December 2018
- Kanefield, Teri and Jed Shugerman. Trump’s Family Separations Are Unconstitutional. 21 June 2018. 10 December 2018
- Legal Information Institute. 14th Amendment. 10 December 2018
- National Park Service. The New Colossus. 10 December 2018
- Smith, Noah. Current hysteria has parallels with early 20th century. 27 October 2017. 10 December 2018
