Yes, our ancestors came here legally, but?.

Friday, Mar. 11, 2011
Yes, our ancestors came here legally, but?. + Enlarge
By The Most Rev. John C. Wester
Bishop of Salt Lake City

Again and again, those supporting harsh punishment for undocumented immigrants state that "My ancestors came here legally, why can't they?"

The reality is that there were virtually no restrictions on immigration to the United States before the 1870s. In 1870, 40 percent of the residents of New York, Chicago, and other major metropolitan areas of the U.S. were foreign-born. So, if those ancestors came during that period of high immigration, they indeed did not violate any laws.

Congress passed The Chinese Exclusion Act in 1872, which restricted immigration of Chinese laborers. In 1875, Congress approved the Page Law, restricting immigration of women engaged in polygamy and prostitution, with enforcement provisions focused on Chinese women. Eventually these restrictions on Chinese immigration were expanded to exclude Asian immigrants generally.

Chinese labor was used heavily in settling the American West, particularly in building the railroads. The U.S. was quick to capitalize on their labor when it was useful. Businessmen lauded the Chinese for their servility, obedience, and industry. But as they settled, white citizens saw Chinese labor taking jobs formerly held by whites and the tendency to demonize and dehumanize began.

Indicative of the attitude of that time, the Honorable James G. Blaine, a prominent Republican who twice served as Secretary of State, is quoted as saying "We have this day to choose whether we will have on the Pacific Coast the civilization of Christ or the civilization of Confucius." The criticism of the Chinese labor force quickly took on a racial tone that created fear-filled and ludicrous caricatures of the Chinese people as a race of heathen sub-humans.

Immigration by those arriving from non-Asian countries was not restricted until the 1920s, when most of our immigrant ancestors had already arrived. Implementing a quota of people who can enter the U.S. became permanent with The National Origins Immigration Act of 1924. There were more generous quotas for people who came from the Western Hemisphere. Preference was given to unmarried children under the age of 21, spouses of U.S. citizens, and immigrants over the age of 21 who were skilled in agriculture. The National Border Patrol was established at this time.

One cannot help but find a familiar refrain in this brief history of immigration. Would that we all rededicate our efforts to encourage our policy makers to face the reality of the undocumented who live among us and find a way for them to live here legally or cross the border openly when their labor is needed. In this light, it seems to me that the real question is not whether the immigrants are breaking the law but rather is the law breaking the immigrants.

Perhaps we can all agree on one thing: The system is broken. Many of us contend that what is needed to fix the system is Comprehensive Immigration Reform, on the federal level, that will allow us to accept the immigrants our country needs, immigrants who have been helping to build and service our homes, grow our food, and work in our restaurants and hotels, to name just a few. It is true that legal systems are not easily reformed; our immigration laws are probably as Byzantine as are our tax laws. But the simple truth is that human beings have a right to pursue life, liberty and happiness. Inadequate or unfair laws should not be obstacles to these inalienable rights given by God to all of us, immigrants included. I pray that while we work aggressively and purposefully to find federal solutions, our state legislators will do the right thing by acknowledging the contribution of our immigrants and make life bearable for them rather than push them further into the shadows, which could lead to the creation of a permanent underclass in our country.

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