By Charles C. W. Cooke
Monday,
February 26, 2024
While following
the political debate that has been prompted by the horrific killing of Laken
Riley at the University of Georgia, I have seen one argument pop up more than
any other: namely, that the resentment that is being directed toward both the
Biden administration and the government of New York City is misplaced, because,
statistically, illegal immigrants commit crimes at a lower rate than U.S.
citizens. On Twitter, the Cato Institute’s David Boaz made this case as pithily
as I have seen it made: “On the day that young woman was tragically
killed,” Boaz wrote, “70 people were killed by American citizens.”
I
must confess that I find this way of thinking entirely baffling. If the
question at hand here were, “Do illegal immigrants commit crimes at a higher
rate than U.S. citizens?” these numbers would be relevant. But that’s not the
question, is it? The question that the critics are asking is, “What could have
been done to prevent this murder?” And, clearly, the answer to that inquiry is
going to be completely different when one is dealing with illegal immigrants —
or any non-American visitors, for that matter — than when one is dealing with
American citizens. By law, the United States government is obliged to monitor
who is entering the country, and to turn away at the border anyone who is
deemed likely to present a threat. For reasons that ought to be self-evident,
it does not perform that service internally. Practically, philosophically, and
politically, to compare the two directly is to compare chalk and cheese.
That
the United States makes some effort to keep out non-citizen ne’er-do-wells
ought to be obvious to anyone who has ever visited the country by airplane. In
a couple of weeks, my British parents will visit me here in America and, before
they do so, they will be obliged to apply for a waiver document called an “ESTA,” which requires
them to declare whether they have ever committed any crimes, a declaration that
is then checked using the Automated Targeting System (ATS) and the Treasury
Enforcement Communications System (TECS); to submit their details via the airline to the Advance
Passenger Information System, which cross-checks them against all available
law-enforcement databases; and to submit to a short interview with a Border
Patrol agent once they arrive. If my parents were to show up at the airport
without these documents, it would not matter that, as septuagenarian tourists
from rural England, they are on aggregate statistically less likely to commit a
crime than are U.S. citizens. They would be turned away at the first hurdle.
For them, the system is the system is the system. Most Americans — even most
libertarian-leaning Americans — believe that running basic security checks of
this type is a good idea.
Which
brings us back to why people are angry with President Biden and the Democratic
Party, and why an appeal to statistics does nothing to repel that anger. Unlike
American citizens, for whom America is home, the man who killed Laken Riley
should not have been in the United States in the first instance. It is true, of
course, that, in a nation this big, some people will sneak through despite our
best efforts to keep them out. But President Biden has not been making
that effort. In fact, Biden has done precisely the opposite. Driven by a
combination of fringe ideology and Trump-mirroring oppositional-defiant
disorder, President Biden came into office three years ago and undid everything
that had proved useful in keeping illegal immigration down. The result has been
the biggest border crisis in a generation and an astonishing influx of people
who do not qualify for admission. Americans know this.
Americans
also know that, if the authorities in our largest cities were not so beholden
to fringe identity politics, the man who allegedly killed Laken Riley would
never have made it down to Georgia. Last year, Jose Antonio Ibarra was arrested in New York City on suspicion of
endangering the life of a child, but, because New York City has combined an
unwillingness to prosecute crime with a refusal to discourage illegal
immigration, Ibarra was not charged, tried, convicted, and handed over to the
authorities for deportation, but released back into the United States. This
fact — that one of our governments had in its custody a man who it knew was
bad news, and who it knew was here illegally — justly
infuriates people. Appropriately, our Constitution limits what we can do about
recidivists who happened to be born here: We can arrest, try, and convict them,
certainly, but we cannot send them abroad to become someone else’s problem.
Aliens, by contrast, have no freestanding right to enter the United States, and
can thus be sent home if they misbehave. Jose Antonio Ibarra had no business
being in America — and, once his presence had been discovered, he should not
have been.
There
is nothing bigoted, monomaniacal, or inappropriate about our wanting this
distinction to be observed. As a matter of fact, I was wholly supportive of the U.S. government’s drawing
it when I was not yet a citizen myself. Now that I am an American, I am
entitled to all the protections that are accorded to the native-born. But I
wasn’t always — and I shouldn’t have been always. Between
being granted my first temporary visa in 2011 and raising my right hand at my
citizenship ceremony in 2018, I was one of the most investigated people in the
United States! During those seven years, I was repeatedly fingerprinted and
photographed; I had to tell the federal government each time I moved; I went
through four rounds of background checks; I was subjected to an in-depth
interview at the U.S. Embassy in London; I had to provide a list of every
country I’d traveled to, every place I’d lived, every job I’d had, and every
organization I’d joined in the last five years; I had to vow that I was not a
terrorist or human-trafficker or criminal and that I was not going to restrict
anyone’s religious liberty; and, before I could obtain citizenship, I had to
pass a civics test. Eventually, this led to my being moved from one category to
the other, but at no point during the long transition did I consider the
process unfair. Like the vast majority of Americans, I believe that American
citizens have every right to determine who joins them in this country — and
when one of the people who has joined them is charged with murdering an
innocent college student, they have every right to be furious about it.
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