Uneven Enforcement of Strict Immigration Law

By Anna M. Stenson
Contributing Writer

The Fargo Moorhead community is very vibrant.  It has a mix of non-citizens stemming from employment opportunities in the area, a sizable international student population because of the colleges and universities in the area, its history of migrant farm labor, as well as being a refugee resettlement community. 

This creates a diverse mixture of immigration statuses.  Immigration policy has been a hot issue for some time. The federal government has failed to pass any comprehensive immigration reforms. In the meantime, states are left to address immigration issues on their own.

Here locally, immigration legal enforcement comes from a variety of sources. Immigration and Customs Enforcement has investigated employers for hiring undocumented workers as well as general enforcement of immigration violations. In addition, law enforcement and the criminal justice system also report potential and known immigration violators. With Minnesota proposing anti-immigration legislation similar to Arizona’s, issues of enforcement and documentation become a concern to many.
There is fear that certain racial or ethic groups will be targeted. I hope that this does not create an increase in prejudice in our community. While our system of democracy and justice has protections in place to protect those that may wrongly be accused, there is a certain level of concern for unequal enforcement. The concern also should be for those that are here legally. 

Many of the non-citizens living in our area are faced with sizeable obstacles that many of us could never comprehend. The refugees in our community come from diverse backgrounds, but have been persecuted in their home country. Many are from war-torn countries, they face language and cultural barriers. Some have far more difficulties in assimilating to our culture. For many, the concepts of freedom and democracy are novel. And many come from countries where the government and law enforcement are not trusted. Even the threat of being questioned by law enforcement creates great angst.

Our immigration laws are not black and white: sometimes it is not just as easy to say “what is your status?

Are you a refugee, who has one set of rules to follow?

Are you here on an employment visa?
Are you a child who derived citizenship through your parents by operation of law, but don’t have proof?

Were you brought to the United States by a family member who now refuses to file your paperwork?
Were you brought to the United States as a young child by your parents who have petitioned for you to get a green card, but by the process that takes more than ten years?

Part of the concern for any enforcement is documentation and education. Education needs to happen at the enforcement level. Is law enforcement trained in nuances of immigration law to decide on the spot who has appropriate documentation? If law enforcement is using immigration verification software, are there protections in place to make sure the information is accurate and up to date? If there is a problem, how easily can the problem be fixed?
 
At the same time, the general public needs to be educated about the documentation necessary to prove status. For some, the ability to obtain necessary documents to prove status can be difficult. If you have to provide a birth certificate to obtain a US passport, but you were born in a country that does not have birth certificates, what do you do? What if the only way to get your birth certificate is to return to your home country? For others the concern is money. It currently costs $370 to replace or renew your green card. It costs $675 to apply for citizenship.  So for some, the financial obstacles may be insurmountable. 

For many others, dealing with the immigration process is long and time-consuming without adequate resources to assist them in the process.

With states addressing immigration enforcement on their own, there is the possibility of different requirements, depending on the state. This may be seen in this area if Minnesota passes anti-immigration legislation. We may be one Fargo-Moorhead community, but there may be significant differences based which side of the river you are on. There is the possibility that documents acceptable in one state may not be accepted in another.
 
Finally, as many of our communities are struggling financially, are we taking valuable resources away from our law enforcement, for protecting the public and promoting public safety? Will these laws make it more difficult for law enforcement to do their job?

Will members of our minority communities be fearful of reporting crimes or assisting with law enforcement because they may not have up-to-date documentation?  Will the response be to avoid seeking the services that they need in our community because they do not want to be harassed or questioned about their status?
However, the positive side is that these issues can bring the problems of immigrants, both legal and illegal, to the forefront. While the proposed enforcement may seem to drive a wedge between groups in the community, maybe it can be used to garner greater respect for each other and the diversity of all of our backgrounds. 
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