Aliens

There is some debate over whether immigration enforcement has an effect on crime. Sites like Reason.com argue that immigrants are not any more likely to be criminals than citizens are. Others point out that advocates like the writers at Reason pull a fast one by conflating legal and illegal immigrants.

The US Department of Justice and the Department of Homeland Security have released a report with some hard numbers.

Summary of Findings

A total of 58,766 known or suspected aliens were in in DOJ custody at the end of FY 2017, including 39,455 persons in BOP custody and 19,311 in USMS custody.

Of this total, 37,557 people had been confirmed by U.S. Immigration and Customs Enforcement (ICE) to be aliens (i.e., non-citizens and non-nationals), while 21,209 foreign-born people were still under investigation by ICE to determine alienage.

Among the 37,557 confirmed aliens, 35,334 people (94 percent) were unlawfully present. These numbers include a 92 percent unlawful rate among 24,476 confirmed aliens in BOP custody and a 97 percent unlawful rate among 13,081 confirmed aliens in USMS custody.

This report does not include data on the foreign-born or alien populations in state prisons and local jails because state and local facilities do not routinely provide DHS or DOJ with comprehensive information about their inmates and detainees. This limitation is noteworthy because state and local facilities account for approximately 90 percent of the total U.S. incarcerated population. DHS and DOJ are working to develop a reliable methodology for estimating the status of state and local incarcerated populations in future reports.

Let’s run some back-of-the-envelope calculations, why don’t we?

So, 58,766 in custody are known or suspected to be aliens. Some 64% of these have been confirmed to be aliens. Of this number, 94% are here illegally. This is thought to represent 10% of the foreign-born population. If the percentages of foreign-born, aliens, and illegal aliens are similar in state and local prisons (not sure why they wouldn’t be), then it would seem to follow that around 13% of prisoners in the country are illegal aliens.

One of the memes floating around claims that 1% of the population of the US is in prison, which would work out to roughly 3.3 million people. That would mean some 430,000 prisoners in the US are illegal aliens. If we divide that into the 20 million estimated illegal aliens, that’s a bit over 2%. This would mean an illegal immigrant is twice as likely to be in prison as a lawful resident.

People are welcome to bring in bigger envelopes if they like.

Sharia in America – The Washington Post

Source: Sharia in America – The Washington Post

The final installment in Michael Broyde’s series on religious courts in America. The take-away is in a bolded paragraph:

The truth is that Islamic courts are not so scary. State court judges regularly order the enforcement of religious arbitration awards, as the previous four posts explained. The future of Islamic law and sharia courts could look like the present state of Jewish law and rabbinical courts.

The alert reader may well notice the modal — “could” — in that paragraph. And he’s right, Islamic courts certainly “could” look like the present state of Jewish law and rabbinical courts.  All it takes is…

These measures, which have been successfully adopted by rabbinical courts, can be implemented by Islamic panels too, if they wish to do so.

Of course, just because they can be learned and applied, does not mean that the Islamic community actually will do that: That is their choice and their choice alone. Either the Islamic courts can fit into the framework of religious arbitration in America and have their decisions upheld, or they can remain outside that framework, be a source of protest and not be acceptable to the legal system. The question is not whether American courts can adapt to Islamic arbitration — judges know no more Jewish law than Islamic law — but rather, the question is whether Islamic arbitration will adhere to the norms of American law.

Successful religious arbitration allows religious communities to be moderately self-governing. This sort of respect for legal pluralism is part and parcel of American legal culture and history: Federalism — the concurrent existence of multiple sovereigns (federal, state, local jurisdictions) — meshes well with the idea that for some people some matters are ecclesiastical, and that also is a “jurisdiction.”

Perhaps more importantly, by permitting Islamic communities to conduct private faith-based dispute resolution within certain legal limits, American law can bring Islamic and secular segments of society and culture into conversation with each other. Islamic communities will improve from these interactions with secular law, and secular law will advance as well.

And this is all quite true. That last paragraph may be the ultimate barrier: Jihadists probably also see this, and recognize that adapting Islamic courts to be compatible with U.S. law will wind up changing the practice of Islamic law.  So just as adopting the values that lead to success in Western culture is called “selling out” by certain minority groups, accommodating Western law may be called “infidelity” by certain minority religions.