Sane Asylum?
Religion & Liberty Online

Sane Asylum?

New Haven, Conn., isn’t waiting for a green light from the federal government to solve its illegal immigration problem: Two weeks ago, it became the first city in America to issue its own ID card. Already considered a “sanctuary city,” as the latest issue of The Economist reports, New Haven has forbidden its police force to ask anything about immigrants’ status and offers illegals help with filing federal taxes. Now with the new ID card — good for all sorts of fun perks — New Haven is offering even more provisions for illegal immigrants. The ID functions as a debit card at downtown shops, restaurants, and parking meters; grants access to public beaches and libraries; and allows undocumented immigrants to open accounts at two New Haven banks. Costing only $10 for an adult card and $5 for a children’s card, the IDs are mostly funded by a $250,000 grant from First City Bank (one of the two banks accepting the card as valid identification).

But will making life more livable for New Haven’s illegal immigrant community do anything to solve the real problem, which is (a) that they are there and (b) that they are illegal? The immigrants could still face deportation at any time the federal government decides to enforce the current laws. Thirty-two arrests of undocumented immigrants were made almost immediately after the cards were issued, calling into question the entire concept of a “sanctuary city.” New Haven’s solution brings to mind the image of a disobedient child whose father has banished him to his bedroom, complacent but looking over his shoulder as his mother sneaks DVDs and apple pie to him through the window. It makes the child’s captivity more pleasant, to be sure, but at the end of the day he is still culpable and locked in his room with no way out. What kind of overall stability does this approach contribute? I would argue, none.

Another city is making provisions for its non-violent lawbreakers in a completely different way. The New York Times reported two days ago that Nashville, Tenn., has instituted Fugitive Safe Surrender, a program of the U.S. Marshals that allows individuals with outstanding arrest warrants — for “smaller” offenses like missed court dates, traffic violations, or minor drug offenses — to turn themselves in at designated churches, which provide a more “neutral setting” than a police station or courthouse would. When offenders present themselves, they are given the chance to work out a plea with city lawyers and to go before a judge, who typically dismisses the warrant, clears the backlogs, and sends the former fugitives on their way.

Fugitive Safe Surrender is a way of acknowleging that a law has been broken, but it provides a legal, mutually beneficial remedy to the minor issues that clog the courts, and it helps to prevent violent confrontations between fugitives and police. It requires something of the offenders — turning themselves in — and relies neither on total blindness to illegal behavior nor on the sporadic, nocturnal kicking-in of doors to prove the law’s point (which measures usually turn out to be counterproductive for those on both sides of the law).

A beach pass and a debit card won’t do a thing to justify an illegal immigrant’s presence in the States, even if they make his stay a bit more comfortable. But a voluntary acknowledgement of wrongdoing, answered by a serious and thoughtful pardon, resulting in a peacable relationship … that sounds like it might have a ring of justice to it.

Five U.S. cities have implemented Fugitive Safe Surrender to deal with their non-violent criminals, albeit not with illegal immigrants. More than 100 cities have declared themselves “cities of sanctuary.” Could the 100+ learn anything from the principles of the five? Perhaps.

Anthony Bradley

Anthony B. Bradley, Ph.D., is distinguished research fellow at the Acton Institute and author of The Political Economy of Liberation: Thomas Sowell and James Cone on the Black Experience.