California Attorney General, Xavier Becerra joined Democratic presidential candidates Julian Castro and Beto O’Rourke in asking for the decriminalization of illegal immigration. Beccera says that civil penalties are enough that criminal charges demonize people whose only crime is seeking a better life. Castro had earlier made a policy proposal to eliminate the Immigration and Nationality Act Section 1325 which makes unauthorized entry into the country a federal misdemeanor. Section 1326 asks for further penalties for subsequent reentries. Those are the statutes used by the Trump administration to separate families and prosecute migrants. Becerra, Castro, O’Rourke and others who may subscribe to the idea know that it is not likely to succeed with this administration, that at best it is a good campaign slogan. And it does look like it is emerging as a Democratic Party talking point.
It’s an important idea, and although it is unlikely to bring relief to those now at the border, it nevertheless needs to be remembered and talked about so that its future as a reality can be that much sooner.