Restorative Justice and Fear of Deportation: When the Lawbreaker Is the Victim and the Offender the Government

• In Event: Advances in Rural Criminology II

Abstract

Fear of deportation has always existed in the United States for as long as persons have come to this country through illegal, forbidden, or illicit means and have never gained legal status or permission to live here legally. For these people, living in the shadows has been a way of life, albeit stressful, but has never prevented them from working and raising families and contributing to this society (e.g., taxes). Most of these individuals have been law-abiding, hard-working, and loyal to this country. Their children, whether foreign- or U.S.- born, have also contributed immensely to the social fabric of this society by working in different sectors and institutions. Yet today, fear of deportation is even greater than at any other historical period because of the anti-immigrant stance by the Trump administration and its push toward mass deportation and the cleansing of culturally, racially, and ethnically diverse communities. This fear is experienced by people who live in rural as well as non-rural communities across the country and work in jobs that are considered “detestable”, “vile”, or “repugnant.” This fear is also experienced by the children of the undocumented as well as communities. This presenter challenges conventional thinking about the application restorative justice by asking the audience to consider undocumented persons who are being arrested and deported as victims while the government, especially agencies like Immigration and Customs Enforcement (ICE), are the “offenders”. Is it possible that undocumented persons’ basic human rights, which may be perceived or defined differently in the U.S. at this time, are violated to the extent that they are victims, which in turn justifies the application of restorative justice? While this presenter does not deny or argue against immigration laws per se, or is in favor of open borders, is it possible that people who are being targeted for deportation simply because they are here to work and achieve a little of the American Dream are due some form of restorative justice whether it is consideration for some type of legal status including a pathway to residency or citizenship, financial remuneration, and/or mental health treatment for experiencing the trauma of being targeted, arrested, convicted, and deported. Do these persons who are now deported deserve to be labeled as “criminals”, “illegal aliens”, or “illegal immigrants” when they came here to contribute and not break the law?

Author

• Roberto Velasquez, Northern New Mexico College