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Why the New Amnesty Policy Is So Unfair to Legal Immigrants

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It’s not biblical, moral, or constitutional to allow lawbreakers to jump the line ahead of those who follow immigration law and patiently wait for legal permission to come to America.


Should illegal immigrants get the same or better treatment than legal immigrants? That’s a question that few stop and think about anymore.

Consider the case of “Ana,” who entered the U.S. illegally from El Salvador. Under current policies, she is allowed to cross the border and remain in the country without too many questions. What’s more, she will reap the benefits of numerous state and federal programs available to undocumented immigrants that will make her life relatively comfortable.

Under the Emergency Medical Treatment and Labor Act (EMTALA), for example, Ana has access to medical care, ensuring treatment at local emergency departments regardless of her ability to pay. Some states also offer healthcare programs for routine and preventative services.

Educationally, Plyler v. Doe guarantees her children access to public K–12 education. Moreover, certain states and municipalities provide access to driver’s licenses and local services, regardless of immigration status.

Together, these benefits are worth thousands of dollars annually, allowing Ana to live and work in the U.S. without ever once interacting with the lengthy, bureaucratic, and drawn-out legal immigration system.

What’s more, thanks to a new executive order signed in June, any illegal immigrant who has been married to a U.S. citizen for more than 10 years is now automatically eligible for permanent status, as are any of that illegal immigrant’s children who also came into the country without permission.

While this new policy of what is effectively amnesty may appear compassionate, it raises significant concerns about fairness to other foreigners who actually try to follow the rules of the U.S. immigration system, the most glaring of which is that illegal immigrants are allowed to cut in line of those immigrants who opt to follow the law.

Consider Maria who came from Guatemala and was determined to enter the United States legally so she could one day become a U.S. citizen. Maria invested years of her time in navigating the complex and often overwhelming U.S. immigration system.

First, she applied for a visa, paying the necessary fees and ensuring her documentation was in perfect order. After months of anxious waiting, she finally received an interview date at the U.S. consulate. Passing the interview was just the beginning; Maria then had to undergo thorough background checks and health examinations and eventually secure sponsorship for her visa application.

Once her visa was approved, she moved to America, but her journey was far from over. Maria had to comply with all visa regulations, continuously proving her status through a myriad of paperwork and renewals. Her path to obtain a green card involved additional waiting periods, more fees, and another series of checks. This process spanned several years, filled with uncertainty and a constant need to prove her legitimacy.

And still Maria adhered to the law every step of the way, demonstrating patience and compliance with the U.S. immigration system.

The stark contrast between her arduous experience and the expedited procedure now available to illegal immigrants under new policies underscores the outrage and profound sense of injustice felt by those like Maria who choose to play by the rules.

According to a recent Pew Research Center survey, Americans are overwhelmingly critical of the government’s handling of the situation at the U.S.-Mexico border. A significant 80 percent say that the government is doing a bad job, with 45 percent stating it is doing a very bad job. Both Republicans (89 percent) and Democrats (73 percent) express dissatisfaction with the current approach, highlighting the need for a more effective immigration policy​.

Additionally, a poll by Politico found that 58 percent of voters in key battleground states disapprove of President Biden’s handling of immigration, while 52 percent believe he is ignoring problems at the border. This dissatisfaction crosses party lines, though Republicans are more vocal about the perceived inadequacies in the administration’s approach​.

This new policy encourages lawless behavior, creating a dual system wherein law-abiding immigrants face prolonged and often arduous processes while those who have violated immigration laws are rewarded with expedited pathways to legal status.

A Biblical Perspective: Justice and Fairness

From a biblical standpoint, the principles of justice and fairness are paramount. Leviticus 19:15 states, “Do not pervert justice; do not show partiality to the poor or favoritism to the great, but judge your neighbor fairly.”

The current immigration policy, by providing advantages to those who have bypassed legal channels, would clearly contradict this principle of impartial justice.

Moreover, Romans 13:1-2 emphasizes the importance of respecting governing authorities and laws, stating, “Let everyone be subject to the governing authorities, for there is no authority except that which God has established.” By allowing illegal immigrants to gain benefits that law-abiding immigrants cannot, the policy undermines the rule of law and the principles of justice that are foundational to a fair society.

The Impact on Legal Immigrants

Legal immigrants, who often endure years of waiting and navigate complex bureaucratic hurdles to obtain residency, are particularly disadvantaged by this policy. They follow the rules, pay fees, and comply with stringent requirements, only to find that those who have broken the law not only pay no penalty for breaking the law but are actually given a shortcut to legal status.

This demoralizes those who adhere to the legal immigration process and discourages respect for the law. Furthermore, it creates a sense of unfairness and injustice for those who have played by the rules. They see that their hard work and sacrifices are not valued as much as the actions of those who have disregarded the law.

Not only does this policy impact legal immigrants emotionally, but it also has practical implications. By prioritizing illegal immigrants over legal ones, there is less funding and resources available for those who are following the proper channels. This can result in longer wait times for visa approvals and delays in obtaining green cards or citizenship. By giving preference to those who break the law, it sends a message that the rules can be bent or ignored with no consequences, leading to a breakdown in trust among citizens and eroding confidence in our government’s ability to regulate immigration effectively.

In addition to the incentives the current policy provides, it also causes significant resentment not only among legal immigrants but also within the broader American public, perpetuating the damaging assumption that all immigrants, regardless of their legal status, are willing to game the system. Consequently, this distrust undermines social integration and deepens community division. Legal immigrants, who have invested considerable time and resources to comply with U.S. laws, feel acutely polarized and unfairly stigmatized, grouped with those who circumvent the process. This not only erodes their trust but also undermines the integrity of the entire immigration system.

The Burden on Americans

States like Texas bear the brunt of this policy. Despite investing nearly $2 billion in border security over the past two years, the influx of illegal migrants continues to strain local resources. The state’s healthcare, education, and criminal justice systems are particularly affected, with taxpayers bearing the financial burden. 

Attorney General Ken Paxton has highlighted the annual cost of illegal immigration to Texas taxpayers, which exceeds $850 million. These costs include expenses for public hospital districts, emergency Medicaid, and the education of unaccompanied minors. 

Furthermore, there has been notable reluctance from the federal government to assist Texas in managing illegal migration. This hesitation has left Texas to bear the brunt of the influx without adequate federal support, exacerbating the state’s challenges.

For instance, even though Texas has received some federal funding for border security, Gov. Greg Abbott has frequently argued that these funds are insufficient to address the severity of the state’s problem. This tension highlights the need for a more collaborative approach between state and federal governments to address border security and immigration management effectively.

While border states are most acutely impacted, the adverse consequences of this policy are alarming on multiple fronts. American citizens located in inner cities and impoverished rural areas are forced to compete with illegal immigrants for housing and jobs. Local communities struggle with these issues, and residents face healthcare delays due to the increased burden on local systems. The presence of illegal immigrants with gang affiliations or criminal records, who haven’t been properly vetted, heightens crime rates. As a result, many Americans feel increasingly vulnerable and insecure in their own neighborhoods.

Opposition Views on the Policy Shift

Critics of the Biden administration’s policy argue that it undermines the integrity of the immigration system and incentivizes illegal immigration. They contend that rewarding those who have entered the country illegally with legal status and benefits not only unfairly disadvantages those who follow legal processes but also encourages more illegal crossings.

Opponents emphasize the importance of strict immigration enforcement to preserve national security and uphold the rule of law. They argue that the policy creates a dangerous precedent, signaling that illegal entry can lead to eventual legal status and citizenship, thereby weakening the deterrent effect of immigration laws.

Additionally, critics point out that the policy shift puts even more burden on states like Texas, not to mention major U.S. cities, which are all struggling to manage the influx of migrants. They call for more robust federal support and enforcement of existing immigration laws to alleviate the pressure on border states and ensure a fair and orderly immigration process.

Questions of Fairness and Justice

Given the current situation, we must ask critical questions to guide our path forward:

1. Why should individuals who have entered the country illegally receive benefits and expedited pathways to citizenship while law-abiding immigrants face lengthy and complicated processes? This question strikes the issue’s heart, highlighting the current system’s inherent unfairness.

2. How can the federal government and states like Texas collaborate more effectively to manage immigration and border security? Effective collaboration could involve sharing resources, enhancing communication channels, and aligning state and federal policies to ensure a cohesive strategy.

3. What long-term strategies are needed to address the underlying factors of migration, such as violence, poverty, and corruption in Central America? Addressing these underlying issues requires a comprehensive approach, including significant investment in aid and development programs in the region.

4. How can we ensure that our immigration policies reflect the biblical call for compassion and the necessity of maintaining national security and order? This balance is crucial for creating a humane and effective immigration system. Policies should protect the nation’s borders while providing fair and just treatment to those seeking refuge.

Conclusion: A Call for Fairness and Integrity

Any discussion on immigration reform must prioritize the experiences of legal immigrants who have navigated the complex and often lengthy legal pathways to reside in the United States. These individuals have followed established laws and procedures, showing a commitment to contributing positively to society and integrating within the country’s legal framework. Prioritizing those following immigration law underscores the value of fairness and respect for legal processes. By acknowledging and rewarding their patience and adherence to the law, we reinforce the integrity of the immigration system and set a crucial precedent for future reforms.

As we confront these pressing immigration issues, we must come together as a nation to address them with both compassion and fairness. To achieve this, we must first secure complete control over our borders, even if that means finalizing the construction of a wall. Without secure borders, any attempt at immigration reform is futile.

Once we have established control, we can work towards a policy that honors our values and responsibilities. By seeking common ground and prioritizing the well-being of our citizens and those earnestly seeking a better life, we can forge a path that upholds justice and integrity.

Let us continue to pray for wisdom for our leaders, strength for our communities, and hope for those genuinely seeking refuge. In doing so, we can build a more just and compassionate society grounded in the principles of our faith and the ideals of our nation. Together, we can navigate these challenging times with a steadfast commitment to doing what is right for all involved.


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