By Kevin D. Williamson
Friday, December 05, 2025
If you will indulge my revisiting an old theme for a new
purpose: There is a reason—a bad, dumb, bureaucratically self-serving
reason—that U.S. gun control efforts are mainly focused on sporting goods shops
and the people who do business with them. The reason is that these are
law-abiding people rather than law-breaking people—and it is a hell of a lot
easier to enforce the law on the law-abiding.
Licensed firearms dealers generally have fixed addresses,
regular hours of operation, and business records, and their whole business
model is based on remaining in good standing with federal regulators—which
makes them very easy to regulate. Black-market gun-traffickers, on the other
hand, do not have fixed addresses or regular hours of operations, and only the
most incompetent of them have business records, because their whole business
model is based on evading federal authorities—which makes them much more
difficult to regulate. People who do business with licensed dealers are by
definition a law-abiding bunch, and the share of currently incarcerated
criminals who committed their crimes while in possession of a firearm obtained
through a licensed retailer is vanishingly small—less than 2 percent.
Criminals usually get their guns through criminal channels—because they are
criminals. Investigating, arresting, and convicting them takes a great deal of
very difficult and often thankless work. But the guy down at Bob’s Bait ’n’
Tackle ’n’ Guns? You can make an appointment to see that guy.
You can also make an appointment to see an immigrant
waiting for a green card. Which is why the Trump administration has started
arresting them—chasing down Guatemalan gangsters illegally present in the
United States is hard, but arresting nice British ladies going in for their
green card appointments is easy.
U.S. immigration law is a mess, morally and practically.
One of the quirks of the green card process is that it involves what is called
an “adjustment of status” period, when the green card applicant goes from being
present in the United States on some kind of visa or other legal arrangement
(such as a visa waiver) to being present, if all works out, as a permanent
resident. In some cases, an immigrant’s previous status is immediately changed
in some significant way: For example, an immigrant present on a work visa may
not be able to work under the old visa while waiting for a green card.
Sometimes, there is no immediate effect from the change in status, as in the
case of those here under most visa waivers or under tourist visas. In all
cases, the applicant is unable to leave the United States without obtaining an
extraordinary permission—otherwise, the would-be immigrant will be judged to
have “abandoned” the application, and will have to go back to square one.
This results in some ambiguity: If you are (e.g.) a
Canadian who enters the United States under a visa waiver and then gets married
and applies for a green card, you can be pretty sure that your visa-waiver
status is going to expire (it lasts only six months) before your green card is
processed. If you are a British subject, you would have only 90 days. In
practice, people awaiting green cards have been treated as though the
status-adjustment period were in effect a status of its own: If you entered the
country legally, did the right paperwork, followed the procedure, etc., you
weren’t treated as though you had violated the law by remaining in the country
after your tourist status would have expired while awaiting a final green-card
decision. That doesn’t necessarily mean you are going to get the green card:
You may be denied and have to leave the country. But—because we had not until
recently gone full Kafka—we did not treat people as though they were violating
our immigration laws because they were following our immigration laws.
Now, the Trump administration has its agents arresting
green card applicants as they show up for their final meeting. These are not
“the worst of the worst” as Donald Trump likes to put it: One was a British
mother with her 4-month-old baby in her arms. (The
New York Times has the whole ugly story.) These people were not
accused of having entered the country illegally or of violating U.S.
immigration law in some way other than following a legal process that takes a
long time and creates ambiguities. Some of them were shipped off to detention
centers.
Why are federal agents arresting these people? Because
they are the easiest people to arrest—even if it is not clear that they are, in
fact, violating the law: One woman was about to be deported without a hearing
when the government changed its mind, gave her a green card, and released
her—and you will not be surprised to learn that this came as the result of a
federal lawsuit and some good work by competent lawyers.
What about the people without such resources? Immigration
lawyer Andrew Nietor tells the Times that the government’s strategy
seems to be one of exhaustion and terror, to persuade these law-following
immigrants “to give up and abandon their cases and accept the foreign spouse’s
deportation.”
Some strategy: Abuse the weak, the vulnerable, and the
law-abiding—chasing down the actual malefactors is too much work. As my colleague
Grayson Logue reports, the government is today arresting and deporting
relatively fewer people with criminal records and a larger share of
those without criminal records.
When I have a mind to let loose, I am pretty good with a
vitriolic denunciation. But, sometimes, it is enough to simply restate the
facts of the case. Res ipsa loquitur.
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