Illegal Immigration
Neo-Libertarian expresses disappointment over the recent federal crack down on Wal-Mart for employing illegal aliens. He (or she) realizes that "immigration is still often a crime," but thinks that it "shouldn't be so heavily punished."
Implicit in NL's discussion is a dichotomy between the law as stated and the law as applied. As stated, illegal immigration is most certainly "still" a crime. As applied, its criminal status is more questionable. That's why NL points out the hypocrisy of cracking down on Wal-Mart for hiring illegal immigrants when the US government won't stop them from coming into the country in the first place. The porous borders, driver's licenses, and other benefits illegal aliens get seems to suggest that illegal entry is not in fact illegal.
What bothers me about NL's post is that it seems to advocate a further separation between law as stated and applied. Immigration is "still often a crime," but it should be punished even less than it is now. The result would be an even wider gap between what the law says and what law enforcement officials do.
Granted, a gap often exists in various areas of the law. But is that a good thing? And do we want to advocate such a thing? I don't think so. I think it does harm to the integrity of the legal system to have major laws that are virtually un-enforced. This is especially true when the majority of citizens favor vigorous enforcement (as I believe they do here).
As long as immigration laws are enacted on the basis of legitimate constitutional powers, and as long as the majority truly wants them enforced, it strikes me as a bad idea to advocate virtual non-enforcement. And I would say that equally with respect to laws I hate and those I like. If the law is constitutional and the people want it, the government should enforce it.

