Asked about my stand on immigration, I often respond that I agree with the intelligent and charitable views contained in two recent Deseret News editorials by Mark H. Willes, reproduced here. I hope they will be helpful to you as well. Cordially, Alan Keele
(The first has visual footage of Mr. Willes as well, viewable at:
http://www.ksl.com/?nid=148&sid=11911159)
Here’s the written text of the first one, from August 8th:
Editorial: Immigration-It's about us
August 8th, 2010 @ 10:00pm
By Mark Willes, President and CEO of Deseret Management Corporation
“Over the last few weeks, we have run a series of special reports on immigration in print, on television and radio, and on our multiple websites. We have tried hard to fairly represent all points of view. We have also tried to separate fact from fiction, hyperbole from reality.
We are pleased that many have told us they are now thinking more deeply about the complex issues involved. We too have found ourselves struggling to know exactly what to do. Lives, jobs, safety, and much more are at stake. In fact, the very core of what kind of people we are, and what kind of state we want to have, will be reflected in and strongly influenced by how we deal with immigration.
Common Threads
Several common threads have emerged from our reporting on immigration:
* People on all sides of the issue have uncommon courage. The debate has become so heated, the rancor so large, that anyone who takes a strong stand has been subject to withering criticism. We greatly admire all those who have added to the public dialogue by sharing their views, no matter the personal cost.
* Virtually everyone concurs that current circumstances surrounding immigration must be fixed. While areas of emphasis differ, virtually no one is happy with the way things are.
* Almost everyone also agrees that illegal felons should be caught, prosecuted, and sent out of the country.
* There is also wide consensus that to be effective, there must be a national solution to the challenges of immigration. Utahns of all points of view eagerly seek national leadership to find effective, workable solutions, sooner rather than later.
* Finally, there seems to be a broadly held view that Utah, like Arizona, should do something, if only to help speed up federal action.
No Easy Solutions
The problem, of course, is that complex problems do not lend themselves to easy solutions:
* Some argue it is a simple matter of obeying the law. Those who are here "illegally" should be sent "home." Legally, living here without proper documents is an infraction on a par with driving five miles over the speed limit. If it is just a matter of law, then where will we send all of those who have broken the speed limit? If that does not make sense for speeders, is there also a more appropriate penalty for those without proper documentation?
* Often legal and undocumented immigrants are part of the same family. Do we deport U.S. citizens because they are related to those who are not documented, or do we break up families? These both seem like unacceptable alternatives.
* How do we separate hard working contributors to our communities from those who steal, sell drugs or commit other felonies?
* If we really did send 11 million undocumented residents out of the country, what would happen to our fragile housing market, our economy, our reputation and welcome around the world? What kind of economic, political and social retaliation could we expect, and how would we deal with it? We shudder to think!
* Before a new drug can be introduced for general consumption, it must go through a long process of testing. There are almost always "side effects" that must be clearly understood or people can be badly hurt. Simple legislation often leads to unintended consequences that can be worse than the problem that was supposed to be fixed by the passage of the law. How do we make sure we truly understand the effects of what we decide to do?
Send the Right Message
Even though there is no easy or simple answer, something must be done. If Utah is to send a message to the Federal Government, let's try to craft a message that deals with all of the complexities of the issue - border control, background checks, worker permits, health insurance coverage, and so on. Many creative Utahns are working on such ideas. Rather than passing a simplistic law that does not recognize how complex and challenging the situation is, why not take the time to develop a comprehensive set of proposals that could be a model for what the Federal Government could do. That way Utah could help lead the way to real solutions that actually work. It would show we want the thugs and drug dealers sent home, while giving those who want to be contributing members of society a path out of uncertainty and fear.
Conquer Our Fears!
It is strange that the United States, which has been built by immigrants, has always had a difficult time dealing with immigrants. Whether we came from Europe, Asia, Latin America or Africa, there were always some who thought we were different, disruptive and unwelcome. Yet this constant infusion of brawn and brains has helped turn America into a country envied and copied around the world. This odd phenomenon is doubly true for Utah. Everyone who lives here, whether Mormon or not, shares in the heritage of the pioneers who first entered the Salt Lake Valley in 1847. They were driven here by people in Missouri and Illinois who had come to fear and hate the Mormons. The Mormons were different. The Mormons were growing in economic and political clout. The Mormons had strange ideas and a different culture. For these and other complex reasons the pioneers were forced to give up their homes, their possessions, and at great personal sacrifice and cost, came to Utah. They brought with them their hopes, dreams, and willingness to work to create a better life for themselves and their families.
Since then other people and other faiths have immigrated to Utah. Some were easily welcomed. For others the process was more difficult and took longer. But because of the sacrifice and hard work of so many, from so many places, we now live in a state that is unique and wonderful!
Therefore, we of all people should be sensitive to the desire of others to provide more opportunities for themselves and their families. We, of all people, should take the time to learn to love our neighbors, rather than allowing the fact that they are different to cause us to want to drive them from our midst. We, of all people, should set a higher standard of concern, compassion and love. Except for Native Americans, we are all here because of immigration. Common decency and gratitude for what we have should cause us to embrace those who have a desire to share in and add to what is already here.
Utah - A Higher Standard
We don't minimize the very real problems associated with immigration. No one is happy with the current situation. Undocumented residents live with fear, worry, and often discrimination. Citizens worry about crime, jobs, political influence. It is precisely at times like this that we find out who we really are. Do we live by core values of love and compassion or do we take counsel from our fears? Are we willing to provide moral leadership or do the expedient thing even when we are not sure what the consequences will be?
We encourage all Utahns to take the time to learn and ponder. We don't need to follow anyone else's lead. We can lead out in thoughtfulness, creativity, comprehensiveness, and compassion. Others have left a remarkable legacy for us. Let us leave a legacy for those who follow that will stand the test of time and that will reflect and honor the sacrifices or those who preceded us.
At the end of the day, what we do about immigration will say more about "us" than it will about "them." We need to find a way so that they and we are one.”
-Mark Willes, on behalf of Deseret Media Companies: KSL Television, KSL Radio, Deseret News, and El Observador
This is the second editorial, from September 26:
“Immigration and the rule of law.” Sunday, Sept. 26, 2010 12:00 a.m. MDT in the Deseret News.
“The rule of law is a bedrock principle of our constitutional democracy. Many behaviors can corrode and undermine the public's confidence in the rule of law. Two of these are especially important regarding the issue of immigration.
The first is blatant disregard for the law. Few things hurt the efficacy of a rule as quickly as indifference to its enforcement.
The second, which is just as damaging, is stubborn enforcement of rules that are unjust. Humans seem to have an inborn sense of justice. We recoil when formal legal authority appears to be the only justification for enforcement of something that seems unfair. Officiousness, petty legalism, and injustice enforced by rules are not what is captured in our principled respect for the rule of law.
Our current immigration policies undermine the rule of law with the twin threats of blatant disregard of clearly established laws and the stubborn enforcement of unjust rules.
When 11 million individuals reside in our country without documentation to show that they entered lawfully, the law is threatened by indifference. But fundamental fairness is also threatened when officials forcefully raid the homes of and break up families whose sole motivation for undocumented entry was to seek freedom and opportunity.
This tension between written law and the demands of fairness is, of course, not new. Indeed, one of the great strengths of the American legal system has been its ability to navigate between these extremes that threaten to undermine public confidence in the rule of law.
A notable example of this is in our property law. For those of us who sing the praises of pioneer ancestors it may be disquieting to learn that the Utah pioneers (i.e., those settlers who arrived prior to 1869) were technically squatters. They settled on and improved lands without any formal legal authority. Historians frequently refer to these arrangements as "extralegal."
This was not just a Utah issue — it was an issue for most western lands. In lands acquired by the United States through purchase or treaty, the federal government had clear formal authority to step in and chase off squatters.
Instead of rigidly enforcing the law of property and thereby destroying the livelihood and wealth of ingenious freedom-loving pioneers, we adapted our laws using common sense to make what was "extralegal" part of the legal economy. Through accommodating legislation like the Preemption Act of 1841, the Homesteading Act of 1862 and the General Mining Act of 1872, the United States transformed extralegal uses of property in western lands into recognized titles and legal claims. It is important to note that land was not given away — there were requirements, processes, and fees — but none of it was onerous for settlers of good will.
These practical legal adaptations transformed those who first came to these mountain valleys from illegal squatters into honored pioneers. By making those adjustments, the government did not abandon law or give in to illegal behavior. Statesmen of the day had the common sense, decency, and foresight to recognize that the existing property law would prove too rigid and inhumane if it kept the orderly, productive activity of our pioneer forebears outside of the bounds of law.
The same hope for freedom and opportunity that motivated pioneers to settle the West continues to draw families to America. Over the centuries millions of immigrants have had that hope fulfilled. With each wave of immigration there has been understandable worry about the impact — but immigration has always enriched America culturally and economically.
The eyes of the world have turned to Utah. Global press outlets like The Economist and The New York Times have covered how Utah, with its pioneer heritage and a population with extraordinary international experience, is addressing this challenging issue.
One need not advocate amnesty to see that we need a way to bring those undocumented families of good will among us out of the shadows. One need not abandon the principle of accountability to provide a mechanism for people to work in and contribute to our society.
We urge our lawmakers today to deliberate about how they might fashion clear and enforceable immigration rules that recognize, welcome and accommodate families motivated by that pioneering spirit of opportunity. They should honor the fact that the overwhelming majority of Utah's residents trace their heritage to immigrants who came here because of freedom and opportunity. Often cast off from their native lands as social, economic, or religious misfits, our ancestors found in these valleys refuge and opportunity. They also found a responsive system of law that accommodated rather than rejected them. The heritage of opportunity, tolerance, and adaptation that guided us in the 19th and 20th centuries should continue to guide us today.
Disregard of current entry requirements harms respect for law. Abuse of those requirements for blatantly criminal ends is unacceptable. But the rule of law is equally harmed through stubborn, costly and capricious enforcement of unwise rules. Respect for law will increase when our immigration policies respond to and adapt to that universal human impulse to seek opportunity and freedom. And if history is our guide, such adaptation will enhance our culture and expand economic innovation and growth.”
