It’s getting hard to keep up with immigration news updates. Just last week, the White House’s reform proposal was leaked—prompting Republican outrage over a lack of focus on border security. The White House responded that it was simply a backup plan and that President Obama reached out to GOP lawmakers working on their own immigration bill. Now that everyone in Capital Hill has made nice, Senator McCain, who has flip-flopped on immigration for years, found himself squabbling with anti-immigrant Arizona constituents.
The coming weeks promise more of the same between a White House that has already leaked its own plan, the Senate’s Gang of Eight that is apparently still crafting one, a reluctant House that may stall any efforts at comprehensive reform, a visible and vocal undocumented population that’s taking a seat at the table and advocates on all sides of the debate. Then, there’s Immigration and Customs Enforcement, or ICE, whose Border Patrol agents garnered nearly one million dollars in cash, vacation time and Home Depot gift card incentives to target people for deportation—including many US citizens. ICE officials and agents tend to make their own rules, and Obama hasn’t reined them in.
A lot gets lost between information requests and daily news splashes, so it’s not surprising that there are still a lot of basic misconceptions when it comes to immigration and enforcement. Here’s a quick list of things to keep in mind the next time you read anything about immigration:
1) Immigration is a civil—not criminal—issue.
The term “illegal immigrant” isn’t only offensive, but it wrongly suggests that undocumented immigrants are committing a crime by being in the United States. That’s incorrect, because immigration is a civil issue. Any violation of immigration law is a civil violation, and as such, cannot be punished: As defined by the Supreme Court in Fong Yue Ting v. United States (1893), “The order of deportation is not a punishment for crime.”