[Cross-posted at Crooks and Liars.]
Glenn Beck thought he was making a great point earlier this week when
he held up a bag of pot and a bottle of prescription pills and compared
illegal immigration to the pot:
Beck: Let me be clear -- what I have said in the past is,
there is a difference between legal and illegal immigration. There's a
difference between legal and illegal. This is Allegra D -- or so, this
is actually crack cocaine, but I get it from a doctor, so it's OK --
Allegra. Drugs? Pot! Drugs! 'I have a problem with drugs!' No no no -- I
have a problem with illegal drugs. Not prescription drugs. I don't want
to ban all drugs! Prescription drugs are good for you when used by
prescription and follow the advice of the doctor. Bad otherwise. Got it?
Immigration -- good! Illegal immigration -- bad!
This was, of course, a classically dishonest Beckian analogy. Because in many states,
it's already perfectly legal for people to obtain marijuana by prescription, particularly if they are cancer patients using it for treatment relief.
In a more honest analogy, Beck would hold up not a bottle of Allegra
but a bottle of Jack Daniels. Because the reality is that marijuana is
illegal largely for its
recreational use. No one is taking Allegra recreationally.
And then the analogy is actually somewhat useful. Because it sheds a
very interesting light on the nativist argument -- favored by the Glenn
Becks and Tom Tancredos, but also echoed frequently among many
"moderate" Democrats -- that "all we really need to do is enforce the
laws we have on the books."
Because I think a lot of people are perfectly aware that, when it
comes to illegal drugs and the "War on Drugs," taking the "enforce the
laws we have on the books" approach is a dead horse we've been flogging
for the better part of thirty years, and it's getting more rank and
fetid with age. The marijuana laws in particular are a classic case of
an antiquated approach in which merely "enforcing the laws on the books"
has failed miserably and is fueling a drug war on the Mexican border.
It is a situation that really calls for an overhaul of the laws
themselves, one in which drug users are treated medically instead of
criminalized, and the black market and its attendant drug kingpins
scattered to the winds.
A lot of progressives and libertarians in particular are well attuned
to this reality. But it's surprising how few of them -- at least the
non-Latinos -- apply the same logic to our immigration laws.
And the truth is that there are 12 million human reasons
not
to just "enforce the laws on the books" when it comes to immigration,
as well. The first and most important of them is that our current system
of immigration laws are so outmoded, antiquated, and misbegotten that
they too need a complete and thorough makeover.
It's worth remembering that our current immigration system is built on the bones of
the Immigration Act of 1924,
the law that first created the concept of "illegal immigration" by
cutting off all immigration from nations whose citizens were "ineligible
for citizenship" -- namely, all Asians. That law was passed in
a milieu of extreme xenophobia, and was ultimately a manifestation of
eliminationist eugenics in American politics.
Perhaps not surprisingly, our current drug laws are built on nearly
identical bones. Like the immigration laws, they were largely enacted in
the same kind of milieu:
predicated on defending white privilege and keeping a law-enforcement thumb on nonwhites, including immigrant Latinos:
When marijuana was popularized in the 20s and 30s in the
American jazz scene, Blacks and Whites sat down as equals and smoked
together. The racist anti-marijuana propaganda of the time used this
crumbling of racial barriers as an example of the degradation caused by
marijuana. Harry Anslinger, head of the newly formed federal narcotics
division, warned middle-class leaders about Blacks and Whites dancing
together in "teahouses," using blatant prejudice to sell prohibition. In
1931 New Orleans officials attributed many of the region's crimes to
marijuana, which they believed was also a dangerous sexual stimulant.
During the Great Depression, the 1937 Marijuana Tax Act came into
law, again using racism as its chief selling point. The same Mexicans
who were vying with out of work Americans for the few agricultural jobs
available, it was said, engaged in marijuana induced violence against
Americans.
Certainly, the results of the War on Drugs -- and particularly its
"racially disproportionate nature" -- bear a powerful resemblance to the ultimate outcome of our misbegotten and dysfunctional system of immigration laws.
Both immigration laws and drug laws needlessly criminalize millions
of hard-working Americans, citizens and immigrants alike, and produce
solutions that militarize our police forces and draw us nearer all the
time to a police state -- Arizona's new immigration law being the most
vivid recent example.
It's always more effective, in my experience, to outsmart problems
with solutions instead of beating them over the head with a blunt
object, which never seems to work. Americans need to wise up -- both in
their never-ending "war on drugs," and in dealing with immigration. For
once, a Beck analogy is not that far off the mark -- though predictably,
Beck embraces the wrong side, even then.