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By Venita Benitez, with collaboration from Microsoft Copilot
Let’s cut through the noise. America is in the thick of a storm over immigration, and everyone’s got an opinion—but not everyone has the facts. If you’ve ever asked yourself, “How the heck did we get here?”
You’re not alone. Here’s a real, no-fluff breakdown of what’s happening, why it’s still happening, and what the law actually says.
National Freedom Day Curator Venita Benitez
So here’s the real talk: if someone crosses the U.S. border without permission and then gets officially convicted of that crime in court, a part of the Constitution called the 13th Amendment comes into play.
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“Crossing Lines: Why America's Immigration Debate Is About More Than a Border"
Let’s cut through the noise. America is in the thick of a storm over immigration, and everyone’s got an opinion—but not everyone has the facts. If you’ve ever asked yourself, “How the heck did we get here?”
You’re not alone. Here’s a real, no-fluff breakdown of what’s happening, why it’s still happening, and what the law actually says.
❗ Yes, Illegal Entry Is a Crime
Let’s start with the obvious: crossing the U.S. border without authorization is a federal crime. First-time? It’s a misdemeanor. If someone is caught and returns again? That’s a felony. That’s not opinion—it’s statute, straight from 8 U.S. Code §1325 and §1326.
No matter where you stand politically, it’s illegal. But that’s not where the debate ends… it’s where it begins.
No matter where you stand politically, it’s illegal. But that’s not where the debate ends… it’s where it begins.
🧑⚖️ Civil vs. Criminal—What’s the Real Difference?
Just because something’s illegal doesn’t mean it’s always criminally prosecuted.
Immigration law in the U.S. is a weird hybrid:
- Overstaying a visa = civil violation.
- Crossing the border unlawfully = criminal offense, but not everyone is prosecuted in criminal court.
Why? Because the system is buried in backlog, and the federal government doesn’t have the resources to prosecute every single case. So, a lot of immigration violations get handled like traffic tickets—processed through civil immigration courts, not criminal ones.
🔗 The 13th Amendment Exception—Slavery by Another Name?
Here’s where it gets real. The 13th Amendment abolished slavery—except as punishment for a crime.
The exact words: > “Neither slavery nor involuntary servitude… shall exist within the United States, or any place subject to their jurisdiction, except as a punishment for crime whereof the party shall have been duly convicted.”
So, what happens when someone crosses the border illegally and is criminally convicted? That exception clause kicks in. And under current law, low-cost or forced labor in detention centers becomes legal. That’s not just theory—it’s happening.
Migrants clean, cook, and maintain facilities for pennies per hour. Some call it “detention.” Others call it modern-day slavery.
Migrants clean, cook, and maintain facilities for pennies per hour. Some call it “detention.” Others call it modern-day slavery.
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National Freedom Day Curator Venita Benitez
So here’s the real talk: if someone crosses the U.S. border without permission and then gets officially convicted of that crime in court, a part of the Constitution called the 13th Amendment comes into play.
That amendment banned slavery except when someone’s being punished for a crime. And that “except” has major consequences.
What it means today is this: once someone is convicted, the system is legally allowed to make them work—even if they don’t want to.
So in prisons and immigration detention centers, you’ve got people scrubbing floors, cooking meals, and doing maintenance—for barely any money, sometimes just a dollar a day. And it's not optional, especially when refusal can lead to punishment or fewer privileges.
It might be called “detention” on paper. But when people are being forced to work after a conviction and earning basically nothing—some see it as modern-day slavery.
It’s not just something in the history books. It’s in our current system. And it’s one of the biggest reasons people are demanding serious reform.
If you’re arrested, charged, and convicted—even for a misdemeanor—you can be forced to work. That’s the law. And it applies whether you’re a citizen or not.
📅 National Freedom Day: A Call to Action
National Freedom Day, observed every February 1st, honors the signing of the 13th Amendment resolution by President Lincoln in 1865. It was made official by Congress in 1948 and signed into law by President Truman. The day is meant to remind Americans of the blessings of freedom—and the responsibility to protect it.
But here’s the hard truth: if we’re using that same amendment to justify forced labor, in prisons and from people who crossed a border without permission, then we’ve got to ask—are we honoring the spirit of freedom, or exploiting its loopholes?
🗳️ Why Citizens Must Step Up
This isn’t just a government problem—it’s our problem. Citizens must get involved:
- Learn how immigration courts actually work.
- Vote for leaders who aim to reform, not just politicize, the system.
- Volunteer, testify, write, and resist injustice where you see it.
Silence is complicity. And freedom isn’t just a word—it’s a responsibility.
🧠The Bigger “Why”
So why does this keep happening?
- Global chaos is pushing people to flee.
- Our immigration laws are decades behind modern migration trends.
- Courtrooms are jammed, and resources are thin.
- Politicians play games while communities bear the cost.
- Cheap labor makes undocumented workers exploitable and desirable.
This isn’t about open borders or closed hearts—it’s about whether justice is real or just a word we chant on holidays.
Final Word: Whether you think immigration is a security threat or a humanitarian crisis, you deserve the truth. And that means calling out broken policies and failed leadership—no matter who’s in office. You also have power. Use it. Ask better questions. Hold lawmakers accountable. And never forget the words etched in our Constitution—because those apply to everyone, or they mean nothing at all.
Contact: Venita Benitez is the President at National Freedom Day a 501c3 non-profit organization, www.nationalfreedomday.org and she serves as Vice President Executive Board at Project 1619 Inc. www.project1619.org
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