Thursday, August 8, 2013

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DREAMER 9-BRAVE or STUPID?

The nine young people who linked arms at the United States/Mexico border to protest unfair immigration laws and deportations by the government, known as the Dreamer 9, were released by the immigration court on their promise to appear in court when their case is heard, probably multiple years from now.  It was not the protest of the many that set them free, but rather it was simply the workings of the immigration court.  With too many people needing to be processed, some must be released.  The obvious choice was to release those who pose the least risk to society--hence nine young people without criminal records.

However, with these young protesters now safely back in their homes in the United States and a court date far in the future, the question arises: Were they brave to stand-up to the powerful Immigration and Customs branch of the United States government, or were they brashly ill-advised youngsters?

From the the comment posts on multiple news websites it would appear that these nine people have more to fear from current citizens than from the immigration court.  The hatred, anger, angst and vitriol leveled at them is immense.  Yet, I submit to you that without protest, without someone standing up and doing something that appears reckless and ill-advised, or even illegal, our society is never pushed to change or face its prejudices.  The "9" had to know that they would be incarcerated.  They had to understand you cannot poke the bear and not expect to be bitten.  Yet, they linked arms and dared our government to react, which of course it did.

Now, after a couple weeks in confinement they are free until their next court date.  Having worked immigration cases for clients who have run afoul of criminal laws, I know that their cases will take at least a year, maybe longer, given the backlog facing the Immigration Court.  Will we even remember their act of civil disobedience? I doubt it, but maybe by this small act it will breathe life into the Dream Act.

I have spoken out on the Dream Act before today.  I believe those who have come to this country and seek to make it a better place though service and education are more American than some who have their citizenship given to them by birth.  Because I deal with the lawless and feckless on a daily basis as a criminal defense lawyer, I see the wreckage foisted on society by those who commit heinous crimes against individuals and society as a whole, I am left to wonder who truly is more American?  Those who are brought to this country as youngsters, raised in this country, work hard, earn and education, and provide service to this country; or the criminals who take life, property and too many of our tax dollars to incarcerate them.

So, riddle me this, who is more American?  And, were these young people brave, or just showing the brashness of youth?

Mary J. de la Pena,
Criminal defense lawyer, author--Examining fear and the darker side of human nature to find the hero within. 

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