Manmade Laws determine legality of immigrants’ movement

-Sudhir Shah, Advocate, Mumbai

 

The World today speaks of equality in all spheres of life and freedom of expression and movement. Yet almost all countries have restrictions on aliens entering their territory. Those who avoid these restrictions and enter a foreign territory without inspection at its border post are known as ‘illegals’. They have no right in that foreign territory and if caught, are liable to be deported to their home country or to the place from where they entered the foreign country without inspection.

America is no exception to this general rule.  It controls migration into America by legislative restraints. The entire immigration system of America is based upon the ‘Theory of Legislative Restraint’. This theory, propounded by the writer, says that “Immigration to the US, for whatever reason, is controlled by the US Government, as per its own needs, by its laws, rules and regulations, which are enacted, amended, modified, altered and/or rescinded as the US Government wants. In doing so, it disregards all other theories, rules and laws of migration including the “push” factors of outsiders and its own “pull” factors.

Barely 517 years ago, the land which we today describe as America or The United States of America, was discovered by the Spaniard Christopher Columbus. Columbus and his successors were resisted by the native Red Indians and they had to convince or fight with them to enter into America. But there were no laws preventing them from entering America. After the initial resistance, Europeans and Britishers,  the early migrants to America, had free access into America. No living person or the laws created by living persons restricted their entry into America. It was only after almost 200 years, in the year 1669 that laws were enacted by the Britishers and other Europeans, who by then, had established their colonies in America, which sought to prevent people entering America. Initially, laws were enacted which barred prostitutes, convicts, beggars and people with communicable disease from entering America. After these colonies were abolished and they all formed United States of America, laws were made by USA government putting restrictions on people entering America. These restrictions increased day by day. One after another, laws were enacted which prevented outsiders entering America. Today, the Immigration and Nationality Act of America, which governs immigration to America, if examined, would reveal that it is not a law inviting or encouraging immigration but is a law prohibiting and discouraging immigration into America. These laws are so stringent that people who are already today in America, if they have to apply for permission to enter America, their applications would be denied. Those who are considered legal in America, if they are measured by the yardstick of today’s immigration laws would become illegal. Thus, a human being, per se, is not legal or illegal; it is the law which makes them legal or illegal.  No human being is illegal.

 
 
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