Of the many problems with Trump immigration policies, two themes stand out: the brutality toward immigrants who are here illegally and the unfairness toward citizens and legal immigrants.
People who entered this country illegally often did so at great risk to themselves, seeking a better life in the United States. They violated the law, yes, but the response should be proportional to their crimes. It should be both firm and humane. Instead, the Trump administration has reveled in harshness. Masked, plain-clothed Immigration and Customs Enforcement agents have tackled and body slammed people on the streets. Officials have launched raids into homes, destroying people’s property.
In one video, a federal agent said to a group of Latinos, including a U.S. citizen: “You got no rights here. You’re an amigo, brother.” After that encounter, one agent told another, referring to the immigrants, “We’re going to end up shooting some of them.” In another video, an agent yelled “adios” to the concerned wife of a detained migrant before he shoved her into a wall and she collapsed. Other disturbing videos have filled social media.
The tactics violate both the law and human decency. On the legal side, recent court decisions have emphasized that people accused of being here without permission have a constitutional right to some due process. That right is to all of our benefit: If the federal government could simply say that someone is in the country illegally without having to prove the claim, it could deport anyone with impunity. On the human side, a vast majority of these migrants have done nothing worse than come to the country illegally, in search of a better life. Federal agents should respond appropriately, not with the expectation that violence is necessary.
The second problem with the Trump approach is that its breadth inevitably sweeps up U.S. citizens and other legal residents. Federal officials are relying on racial profiling in a country where 20 percent of the population is Latino, most of whom are legal residents or citizens. The administration is able to do so because of Congress’s acquiescence on the topic and a wrongheaded ruling that the Supreme Court issued last month, upholding the use of racial profiling in the raids.