Kenneth Roth, a prominent human rights advocate, has proposed introducing a statute of limitations for immigration violations as part of a broader reform of the US immigration system. Writing in response to the divisive immigration debate, Roth argues that current policies unfairly target long-term undocumented immigrants who have established deep roots in the country.
Roth notes that an estimated 14 million undocumented immigrants live in the United States, with at least two-thirds having been in the country for five years or more, and about 45% for 20 years or more. He contrasts these individuals with recent arrivals, pointing out that long-term residents often have US citizen spouses and children, hold jobs, pay taxes, and are integrated into their communities.
Drawing a parallel to criminal law, Roth highlights that most crimes have a statute of limitations, typically five years, after which prosecution is barred. He argues that immigration violations should similarly have a time limit, as it is unfair to upend the lives of people who have lived productively in the US for many years. Currently, no such statute exists for immigration offenses.
Roth criticises both the Biden and Trump administrations' approaches. Biden maintained the right to seek asylum but imposed restrictions, while Trump effectively withdrew that right at the border. Roth advocates for increasing the number of immigration judges to expedite asylum claims, rather than destroying the asylum system entirely.
He emphasises that Trump's electoral victory should not be seen as a mandate for mass deportations of long-term residents, but rather for sensible border enforcement. Roth concludes that a grand bargain on immigration, including a statute of limitations, could address the flaws in both the old system and Trump's proposed reforms.
