Our nation is exclusively peopled by immigrants (and their descendants) who emigrated to America, seeking a better life for their family and themselves. So many responded in earlier years, to Lady Liberty’s gracious invitation, as framed by the poetess, Emma Lazarus, “Give me your poor, your huddled masses, yearning to be free…” We have disappointingly observed, that many such Americans, after settling in, have been in favor of an unfair roadblock to the admission of others, situated similarly, from the achievement of their American dream. How soon these ungrateful forget.

We will state, preliminarily, that we, like all American law- abiding citizens, believe the law must be upheld in fact and in principle. We would, also, at the outset, firmly state that a national policy, separating children from their parents, is morally, far worse than the offense alleged against their parent, (being unregistered) for which that separation is decreed; it is a crime against Nature, itself inarguably a more fundamental evil than, c the failure to be registered.

Our laws (and most European laws) have always made the crucial distinction between offenses which were “malum in se” and those which were classified as “malum prohibitum.” Malum in se,” refers to acts which are, ipso facto, evil in themselves, ex: murder, larceny, robbery, burglary, rape and kidnapping, and are severely punished as such. Malum prohibitum defines acts which would otherwise,\ be legal but have become illegal because a statute or ordinance makes it so. There is no relevant venal, or evil intent necessary, merely the commission of the prohibited act, ex: passing a red light, failing to have a permit for street sales, or for an elevator inspection or littering. The commission of acts, no more serious than malum prohibitum are, appropriately, given light, sanctions, especially for a first offense.

Those who, critically and most self-righteously, relish the epithet “illegal immigrant” seem to have lost sight that the sole illegality  charged, is that of non-registration, viz., not having required paperwork (prohibitum). Those affected, like our forebears, have simply and admirably, sought to obtain a better life for their families. The Trump Administration, itself, guilty of so many (yet unpunished) serious offenses against our country and its citizens, delights in stirring up his responsive, low-information base, to the detriment of many worthwhile applicants for admission; many of whom could possibly add great value to our nation.

We declare, as we did at the outset of this writing, that there is no crime, however heinous, comparable to the offense against Nature and Humanity, as by the Trump decree, directing the destruction of young children’s lives by having them forcibly snatched, kidnap style, from their parents. [Reader, add, if at all felt necessary, merely because of their lack of paperwork.]

This is not the “America” we grew up to know; we are ashamed and greatly alarmed.


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Retired from the practice of law'; former Editor in Chief of Law Review; Phi Beta Kappa; Poet. Essayist Literature Student and enthusiast.

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