Who gets hurt? Is Illegal Immigration a victimless crime? Part II

     A woman's undergarment hangs from a "rape tree".

Part II of a four part series on illegal immigration, crimes and it's victims.

San Diego, CA---It is clear. Illegal immigration affects the public at large in many ways like crime, health and economics, but what about the illegal immigrants themselves? How are they victims in this victimless crime and is crossing the border a crime anyway? Depends I guess on who you talk to because when it comes to this incendiary topic, the rule of law doesn’t seem to carry much weight.

On April 19, 2009, DHS Secretary Janet Napolitano was interviewed on CNN about the tactics of Maricopa County Sheriff Joe Arpaio, an illegal immigration hardliner. When asked about enforcement she said:

“And yes, when we find illegal workers, yes, appropriate action, some of which is criminal, most of that is civil, because crossing the border is not a crime per se. It is civil. But anyway, going after those as well.” {emphasis added}

Seems the good Secretary needs a little more schooling on the law and the United States Code. The fact is under Title 8 Section 1325, crossing the border without authorization is a crime. The statute reads:

“Any alien who enters or attempts to enter the United States at any time or place other than as designated by immigration officers . . . shall, for the first commission of any such offense, be fined under Title 8 or imprisoned not more than 6 months, or both.”

Additionally, entering this country illegally after previously having been deported is a felony, and subject to a much stiffer penalty to be imposed by a judge. Repeat offenses can bring up to two years in prison. Additional civil fines may be imposed at the discretion of immigration judges, but civil fines do not negate the criminal sanctions or nature of the offense.

So it appears we have a crime and we have its victims and at least in some cases, the victims are those committing the initial crime, which is a very unusual circumstance indeed. According to the Southwest Border Sheriff’s Coalition immigrant on immigrant crime is rising. Such is the case in Phoenix where illegal immigrants are routinely held for ransom by their coyote guides making it the #1 city in the US for kidnapping and #2 in the world behind Mexico City. Though not physically on the border, the city is close enough apparently.

“Phoenix has become the kidnapping capital of the United States because of illegal immigration and human smuggling,” according to the head of the Phoenix Law Enforcement Association.

In a 2008 report from KTAR Radio in Phoenix Mark Spencer, head of this organization, which represents more than 2,500 police officers continued:

“In the past year, there were 359 kidnappings in Phoenix, and not one was legitimate involving a truly innocent victim. All the kidnappings were connected to illegal immigration and the numbers may represent just the tip of the iceberg. The investigators up at the violent crimes bureau are estimating that this number represents just one-third of the reported kidnappings that take place in Phoenix.”

“Tip of the iceberg” is indeed appropriate when it comes to these victims of illegal immigration. In the excellent book “The Devils Highway” by Luis Alberto Urrea, he illustrates the challenges a group of illegal’s faced as they prepared for and ultimately crossed the Arizona Desert. Many of them died in the process. From the first moments of their recruitment by unscrupulous smugglers to extortion and utter disregard for human life they experienced at the hands of their guides, they were victims.

What would possess someone to take on these life and death challenges to risk coming illegally into the United States? Some in part, have no idea what they are up against. They are poor people with little education and are fed what amounts to fairy tales and children’s stories about their new life in El Norte by the men and women who will use them as human cargo.

Women are generally in more danger than men as sexual crimes are rampant. “Rape Trees” like the one in the photo in East San Diego County are being found all across the southwest as smugglers exact a form of payment that was not part of the original agreement. A “Rape Tree” is the smugglers “trophy room” so to speak. He hangs the undergarments of his conquests on the tree to display his sexual prowess. An article posted this morning July 29, 2009 in Latina magazine highlights the issue. I have seen them first-hand in the mountains and deserts of Southern CA and Arizona. It is a very real problem for law enforcement and for the women and young girls who are the victims. One of the greatest challenges for law enforcement is these crimes are rarely reported as are most immigrant on immigrant crimes. In fact, one of the men arrested in the Border Agent Robert Rosas murder was also wanted in the US on charges of murder and rape. The issue is pervasive.

Urrea’s book puts a spotlight on one of the gravest dangers facing illegal immigrants as they traverse the deserts: exposure. The desert is a harsh and unforgiving environment and thousands of illegal border crossers have perished over the years there. According to an article published on Newsmax.com, in the period October of 2008 to March 2009 the Border Patrol reported 128 bodies found, a 7% increase from the previous six- month period despite a 24% decrease in illegal traffic, which amounted to roughly 256,000 arrests. Illegal Immigrant rights groups are blaming the deaths on increased enforcement, the fence and new technology which forces illegal border crossers into more remote and dangerous areas.

The blood of these people and others is clearly on the hands of the politicians in Washington and Mexico City but not for increasing vigilance along the border which the open border advocates claim. The Mexican Government actually promotes the practice as roughly tens of billions of dollars each year are sent back to Mexico by illegals in the US. The actual number runs somewhere between $20 billion and $60 billion annually in numerous but conflicting reports. This is big business and Mexico is unwilling to stop the flow of hard cash.

The US government is also complicit and has allowed this situation to continue under pressure from US business and organizations like the Chamber of Commerce who have lobbied hard for Immigration Reform. The lure of jobs is a powerful magnet for people in Latin America who earn on average about one-tenth that of the average American. As long as there are holes in the border and employers willing to break the law to save a few bucks there will be smugglers and illegal aliens. The cure does not seem to be less enforcement but a total lock-down of the border outside of Ports of Entry. The American government has the resources and the money after all, it just prints it whenever it needs it anyway. It is lacking the will and we are all paying for it. Some more than others. Once the border is secure and we know who's here, we can have a discussion about guest worker programs and immigration reform.

Who gets hurt? We all do. In Part Three of this series I’ll address the impact of illegal immigration on the economy and the biggest victims of this victimless crime: The American Taxpayer.