Monday, March 30, 2009

Is This The Bread of Affliction? Thinking about the Illegal Immigrant

Is This The Bread of Affliction?
Rabbi Michael Ragozin, Congregation Sha'are Shalom, Leesburg, VA
Originally appeared: April 2009 synagogue bulletin
Current month's bulletin available at Current Bulletin

Individuals, geographic regions, and industries will be affected differently by the current economic downturn. One group that may be affected more adversely than others is immigrants, particularly illegal immigrants.

In periods of severe economic decline, populist preachers are prone to scapegoating. For example, during the Great Depression Father Coughlin, whose weekly radio broadcast reached as many as forty-five million listeners, said, “Somebody must be blamed.” He was known for combining “harsh attacks on President Roosevelt as a tool of international Jewish bankers with praise for the fascist leaders Benito Mussolini and Adolph Hitler” (See: History Matters).

The increased likelihood for scapegoating occurs at a moment when our government’s policy towards illegal immigrants is relatively less tolerant. On a federal level, Immigration and Customs Enforcement (ICE) has been increasingly active. Between 2004 and 2008 the number of people taken into custody during workplace raids grew by 644 percent (See: Raids Fact Sheet). Here in Loudoun County, in July 2007 the Board of Supervisors approved a resolution that would limit illegal immigrants' access to county services and penalize employers who hire them.

What does Jewish tradition teach us about the illegal immigrant? The specific status, “illegal immigrant,” is unknown to the Torah. However, the Torah does say the following: “You shall not wrong a stranger or oppress him, for you were strangers in the land of Egypt” (Exodus 22:20).

Who is this “stranger” whom the Torah addresses? Nahum Sarna in his commentary to Exodus (137 – 8) explains: “The Hebrew term ‘ger’ denotes a foreign-born permanent resident whose status was intermediate between that of a native-born citizen (ezrah) and a foreigner temporarily residing outside his community (nokhri). Because he could not fall back upon local family and clan ties, he lacked the social and legal protection that these ordinarily afforded. Being dependent on the goodwill of others, he could easily fall victim to discrimination and exploitation.” The biblical “stranger” resides among the Israelites, but having left his tribe, he has no one to help him and is exposed to exploitation and oppression. Should today’s illegal immigrant be included in the Torah’s definition of a “stranger”?

If so, what are our responsibilities to the “stranger”? The Mekhilta d’Rabbi Yishmael (3rd century, CE) explained the verse from Exodus as follows: ‘You shall not wrong him’ with words (i.e. verbal and emotional abuse), ‘or oppress him’ financially (i.e. defraud him). Does our contemporary treatment of legal and illegal immigrants violate Jewish tradition? For information about immigration raids see the Hebrew Immigrant Aid Society, especially Raids Fact Sheet.

To merit this protected status, the stranger who resided among Israel had certain moral obligations. According to Maimonides, (Mishnah Torah, Laws of Forbidden Relationships, 14:7) this Gentile agreed to observe the Noachide laws: 1) not to worship idols, 2) not to curse God, 3) not to kill, 4) not to steal, 5) not to engage in sexual immorality, 6) not to eat the limb of a living animal, and 7) to establish courts of law to enforce them. Are the traditional obligations of the stranger applicable to today’s illegal immigrant?

Thirty-six times the Torah warns against wronging a stranger (Baba Metzia 59b). How should we treat the illegal immigrant? Perhaps, in the spirit of the Greco-Roman symposium after which the Passover Seder is modeled, this will be the discussion topic at your Seder.

Hag kasher vesame’ah, a joyous and kosher Passover to everyone,

Rabbi Michael

P.S. For those interested in the national Jewish campaign to encourage the new administration and Congress to choose humanitarian immigration reform, check out Progress by Pesach.

2 comments:

  1. Rabbi Michael,

    Your article entitled "Is This The Bread of Affliction? Thinking about the Illegal Immigrant," unfairly suggests that the federal government is using illegal immigrants as scapegoats during these troubled economic times. You equate the racists remarks made by Father Coughlin during the Great Depression as somehow related to increased immigration enforcement by the federal government.

    First of all, there are many legal ways to enter the United States. Many obtain visas that allow people to visit, work and attend school in the U.S. Still many other become legal permanent residents that allow immigrants to permantly stay in the U.S. and travel in and out of the U.S.. at will. In addition, the U.S. allows asylum to individuals persecuted in their own countries to enter our country. According to the mission statement of the Hebrew Immigrant Aid Society one of their goals is to prevent people from being persecuted in their own countries.

    According to the Noachide laws you referenced, establishing courts and enforcing laws was a central tenent of the Hebrew people. Why should enforcing the immigration laws of the United States be any different. Would it be ok for the ancient Hebrews to only enforce some of their laws while ignoring others? I think not. You mentioned is the traditional obligations of the stranger applicable to today's illegal immigrant?

    In our country illegal immigrants are provided health care, education and a whole host of other social services. Do you think they equally pay for those services when compared to the law abiding tax payer? I can't illegally enter Mexico, get a job and expect to get free education for my family and health care. The states in the southwest (California, Arizona and Texas) deal with the brundt of illegal immigration in our country. The social services in those states are nearly bankrupt. Who pays for roads, govt. construction projects, police departments, fire departments, schools, hospitals and even govt. sponsored homeless shelters? The American taxpayer who is in the U.S. legally does.

    Many of those same ICE agents that you mention who are responsible for "immigration raids" were not born in the U.S. A lot of federal law enforcement officers immigrated to the U.S. legally. While most of the illegal immigrants that come to the U.S. are only here to provide a better life for themselves and their families, sadly many come here for other reasons. A larger percentage of the prison population in the Southwest is full of illegal immigrants. EVERY PERSON THAT COMES TO THE U.S. ILLEGALLY HAS THE OPPORTUNITY TO FOLLOW OUR IMMIGRATION LAWS AND IMMIGRATE TO THE U.S. LEGALLY. What did our parents and grandparents do? Many landed at Ellis Island and started a new life.

    Why should a business in Loudoun County that follows all the rules have to compete with another business that breaks the law? Can I go to Isreal illegally, get a job, and get access to a whole host of social services? If you go down to Mexico and get sick, regardless of how severe your condition is, they ship you to the border and drop you off. If you are not Mexican, don't plan on going to a Mexican hospital. Yet in this country we are somehow shamed into feeling we need to give everything to everyone, regardless if they follow our laws or not.

    It is a slap in the face to the thousands of law enforcement offficers in this country to suggest illegal immigrants are not treated fairly and given every opportunity to better their lives. When the border patrol catches a group of illegals out in the desert they provide them with medical attention and return them to their county. At that point there is nothing stopping those individuals from applying for a visa or border crossing card to legally enter the U.S. We are expected to respect and obey our laws, why shouldn't we expect that from immigrants?

    During my kosher Passover I will discuss the illegal immigrant. I will mention that I think you should treat others as you wish to be treated. I would respect the laws of a foreign country and would expect immigrants to respect our laws.

    Warmly,

    Kevin Geoge
    Customs and Border Protection Officer
    Program Manager/Immigration Advisory Program
    Canine Enforcemnt Trainer

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  2. Is the "stranger" that the Torah addresses the same as an illegal immigrant? While all citizens, legal and illegal immigrants are afforded due process and constitution rights while in the United States (even if here illegally) the stranger in my opinion is definitely different than an illegal immigrant.

    All people entering our county should be treated with respect and dignity even if they are here illegally. However, the very term "illegal immigrant" denotes someone who willingly broke the law to enter a foreign country. While illegal immigrants should be treated with a fair amount of respect because they are still people, they also should be held accountable and required to follow the applicable laws that the rest of us are required to.

    -Kevin George

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