Jill Family for Jotwell: Why Don’t Policymakers Speak Out About Migration

Professor Jill Family reviews Professor Ava Ayer‘s article, Missing Immigrants in the Rhetoric of Sanctuary, 2021 Wis. L. Rev. 473 (2021), on JOTWELL.

In Missing Immigrants in the Rhetoric of Sanctuary, Professor Ayers examines the rhetoric used by local and state policymakers when crafting sanctuary policies. While “sanctuary” has no strict definition, it generally refers to policies that resist immigration enforcement or policies that withhold state and local cooperation with immigration enforcement. Some sanctuary policies involve active resistance, while others are more passive. All sanctuary policies are meant to protect individual noncitizens. But, as Professor Ayers has found, the justifications for sanctuary policies are at times expressed in language that emphasizes what sanctuary policies can achieve for those who are not at risk of deportation. In other words, policymakers, at times, do not make those who will benefit from a sanctuary policy the center of their rhetoric.

The rhetoric surrounding sanctuary policies is especially worthy of examination because these policies represent strong objections to federal enforcement of immigration law. As Professor Ayers observes, if policymakers in favor of sanctuary policies shy away from openly discussing the interests of noncitizens, who will? Professor Ayers is focused not on the end result- the sanctuary policy- but the rhetoric used to get there. While focusing on the benefits to voters may seem like a pragmatic approach, Professor Ayers argues that politicians should embrace their influence to help change the moral norms surrounding migration.

MHC