Logical Flaws Analysis: Immigration Laws and Policies
As has been seen in the recent debate regarding the issue of the separation of children of immigrants from their parents at the border, immigration is a fraught issue in America. America is a nation built, in part, upon immigration. Many individuals who have immigrated to America illegally form the backbone of a number of industries in the US, spanning from the restaurant industry to the landscaping and gardening industry as well as domestic service. Yet there have been repeated calls to curtail illegal immigration, making immigration reform policies very difficult to pass. One approach which has been adopted by the previous Obama Administration, in the face of Congress’ unwillingness to pass meaningful immigration reform, is “prosecutorial discretion,” according to Delahunty& Yoo (2013), which means selective enforcement of the law.
Delahunty& Yoo (2013) use the Obama Administration’s attitude towards immigration as a greater example of what the authors see as the Democratic administration’s hypocrisy in regards to executive overreach. The article “The Obama Administration’s Nonenforcement of Immigration Laws, the DREAM Act, and the Take Care Clause” from the Texas Law Review makes an extended argument by analogy, suggesting that Obama’s criticism of the Bush Administration for, among other acts, the Iraq War, was self-serving given that Obama did not enforce laws he disagreed with, such as the removal provisions of the Immigration and Nationality Act (INA).
Argument by analogy is one of the most common techniques used in persuasion. It is, however, a very problematic one, given that there are seldom perfectly analogous situations in historical fact, in contrast to analogies made between words. Even if there are superficial similarities between the historical circumstances being analogically compared, that does...
Reference
Delahunty, R. & J; Yoo, J. C. (2013). Dream on: The Obama Administration’s nonenforcement of immigration laws, the DREAM Act, and the Take Care Clause. Texas Law Review, 91(4), 781-857.
What is the DREAM Act and who are the Dreamers? (2018). Anti-Defamation League. Retrieved from: https://www.adl.org/education/educator-resources/lesson-plans/what-is- the-dream-act-and-who-are-the-Dreamers
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