A Response To Dave Winer’s Claim of Small Justification
Today Dave Winer linked to his earlier post claiming there was a small justification for the internment camps at the border. I’m going to leave aside the argument that there can be a moral justification for imprisoning these children. If a law is fundamentally unjust and immoral, the duty of the law-abiding is civil disobedience, not acquiescence. So, for sake of argument, it is moral1 to imprison refugee children, either by separating them from their parents or with their parents for an indefinite length of time. To justify such a law, for legal asylum seekers who have committed a misdemeanor2, the policy would have to be both by far the most effective and least punitive. Oddly enough, Winer himself has linked to the evidence that interning asylum seekers and their children does not meet these standards. ICE used to have two less punitive and restrictive methods: the Intensive Supervision Alternative Program (ISAP) and the Family Case Management Program (FCMP). In the former, electronic ankle bracelets were used to track asylum seekers and 99.6% showed up for their court dates.3 Regular phone check-ins and unannounced visits were also part of the program. This is hardly “catch-and-release”. In the FCMP, social workers…
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