Coming to Public Judgment on Illegal Immigration

At a time when there is public outcry for a serious debate on the issue of illegal immigration, the problem in holding a thoughtful discussion on the issue is that it is so complex, so multi-faceted, can be framed from so many different angles, that it becomes muddled from the very beginning of the conversation. Couple the discussion with a partisan debate and it becomes even murkier.

In Daniel Yankelovich’s landmark book, Coming to Public Judgment, he discusses that democracy can work only if people have wrestled with the issue inside and out. In this immigration debate, the American public has not yet solidified a national consensus needed to cope with this issue. In a sentence: The American public has still yet to achieve public judgment. While I believe that most people understand the context of the issue, most have still yet to fully comprehend the consequences of their opinions. This stems either from not fully knowing the implications of their opinions or from their inability to reconcile their values.

Coming to public judgment is a normative process. Yankelovich defines “public judgment” as

“[P]ublic opinion that exhibits (1) more thoughtfulness, more weighing of alternatives, more genuine engagement with the issue, more taking into account a wide variety of factors than ordinary public opinion as measured in opinion polls and (2) more emphasis on the normative, valuing, ethical side of questions than on the factual, informative side.”

While I admit that I still have yet to come to public judgment, it is evident as I listen to NPR and other radio talk shows that I am not alone: the American public is also presently struggling with this process.

With this definition in mind, solidifying public judgment on the issue of illegal immigration can only be determined by the values one holds and weighing the consequences to these questions:

• Have immigrants who have crossed the border illegally broken the law?
• If they broke the law, what is a fair and just punishment?
• Do their actions warrant deportation?
• Are there alternatives to deportation?
• Are they deserving of the American dream?
• Do they benefit the economy by working in jobs that Americans are not willing to supply?
• Do they hurt the economy and burden the American taxpayer by receiving government assistance?
• Do they pay taxes?
• Are they law-abiding people?

In thinking about these questions, coming to public judgment means reconciling one’s values. One has to mull over and carefully weigh the values of freedom, justice, equal opportunity, compassion, and integrity when considering these questions.

Since there is no formal mechanism to measure public judgment, we hold our elected officials accountable to provide a solution consistent with the nation’s public demand. It is evident that the proposal offered by Senate Judiciary Committee carefully considered the questions above and offered this happy medium. The provision states:

"Under the McCain-Kennedy plan for the 12 million undocumented workers already in the United States, [these immigrants] can apply for temporary status for six years, must demonstrate past work history, pay a 2 thousand dollar fine, undergo rigorous background and security checks, learn English and American civics, make good on back taxes, and satisfy additional criteria. Then if they wait until everyone already waiting their turn is processed through system they can apply for a green card. It is not amnesty, as opponents of the measure contend; rather it would give immigrants an incentive to come forward and an opportunity to earn legal status."

The same process of introspection applies when considering this proposal.

• In your opinion, do you believe that this proposal could be classified as amnesty?
• Is the two-thousand dollar fine and other conditions adequate punishment?
• What are the implications of this proposal?
• Will this encourage or deter illegal immigration?
  

According to Yankelovich, if one understands what is at stake, does not waver in opinion and achieves consistency within an issue, then one can declare that he or she has achieved public judgment. Only when we have reconciled our values and in thinking and re-thinking our perspectives on an issue will we be able actively advance the democratic process, confident that in the end that we will make sound policy.

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Recommended Reading

Daniel Yankelovich, Coming to Public Judgment. New York: Syracuse UniversityPress: New York, 1991.

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