Let’s put aside the fact that the American Southwest was stolen from Mexico in an illegal war of aggression. To a Bayesian natural law theorist (admittedly, we are a small number), the relevant question is not whether poor Spanish-speaking Central Americans are “breaking the law” in searching for a better future for their families; after all, given the problem of overcriminalization–the vast number of State and federal criminal laws on the books–, we are all law breakers now. (See below.) The real question is whether the laws being broken are just.
Ilya Somin (George Mason University): “For most people, it is difficult to avoid violating at least some laws, or even to keep track of all the laws that apply to them. For example, it is almost impossible for small businesses to fully obey all the byzantine regulations that apply to them, for home and apartment owners to fully comply with every part of the complex building codes and zoning restrictions that apply in many jurisdictions, or for almost anyone to ensure perfect compliance with our hyper-complicated tax code.”
Stephen Carter (Yale Law School): “70 percent of American adults have committed a crime that could lead to imprisonment.”
Harvey Silvergate (Criminal Defense Attorney):