The Veil of Ignorance

I invite civil, bipartisan discussion on this post.

Today I want to talk about a theory known as the Veil of Ignorance and see how it can be applied with the United States’ recent actions towards immigrants.

The theory of the Veil of Ignorance was proposed in a 1971 book by John Rawls called simply, A Theory of Justice, where he lays out his view of how a group should form a political and economic structure focusing on justice in society.

To simplify it significantly, we should look at our social, economic, and political landscape and determine if it is fair by assuming we do not know which person we are – rather as if you were shrouded in a Veil of Ignorance about your race, gender, ability, wealth, etc. According to Rawls, this would make you more prone to choosing policies that advocated fairness in society.

This is one of my favorite thought experiments related public policy.

As you read the details on immigration below, I challenge you to think about every one of these situations as if you were behind a Veil of Ignorance. If these situations could happen to you, would you really still continue to consider them to be fair and just?

Who is being targeted?

Back in May, the Trump administration ended TPS protections for Afghans. According to the administration, conditions in Afghanistan have improved enough since the U.S. withdrawal that it is no longer warranted for them to have legal status in the United States. This includes people who helped the U.S. occupation in their home country and would undoubtedly be targeted by the ruling Taliban. A man who helped the U.S. was detained after what should have been a routine green card appointment. This person has followed immigration law, was approved for humanitarian parole due to threats from the Taliban, and was working to become a permanent legal citizen.

A few weeks ago, it was reported that roughly 200 workers had their visas revoked at a JBS plant in Ottumwa. We don’t know the full details of each employee, but according to Zach Nunn, many of these workers were under the CHNV program (Cuba, Haiti, Nicaragua, and Venezuela Program) which was abruptly cancelled by the DHS in the Trump Administration. These are people who entered the country legally and began working in the United States.

Venezuelans were allowed to enter due to political unrest. Haitians were allowed to enter due to a devastating earthquake and subsequent violence. Nicaraguans and Cubans were similarly allowed due to increasing oppressive conditions in their home countries.

Are American Citizens facing consequences?

U.S. Citizens have also been getting caught up in raids with a recent video showing a man being arrested and told he has no rights, despite being a citizen. Lawsuits have accused the Trump Administration of race based detentions, and now the administration is asking the Supreme Court to allow targeted detentions based on race. On top of that, Donald Trump himself has clearly said on numerous occasions that he has considered deporting American Citizens.

What is happening to them?

A few weeks ago Donald Trump took a trip to visit a new ICE facility in Florida which has been dubbed “Alligator Alcatraz” combined with new funding in the Budget Bill for ICE Detention Centers of $45 Billion. More recently, there is a new facility set to open called the “Speedway Slammer” in Indiana.

There have been numerous reports of overcrowding, reports of medical neglect, reports of unsanitary conditions, and one of the deadliest years in recent history for ICE detainees. Yesterday, after many of these stories have come out, a judge ordered that an ICE facility in New York must improve conditions for those detained within.

As reports of poor conditions in ICE facilities rise and new detention facilities are added, we would hope for adequate oversight of the facilities to ensure humanitarian conditions. However, in June, the Department of Homeland Security put new restrictions on members of congress requiring a 72-hour notice in order to visit an ICE immigration facility despite Congress having the right to inspect detention centers without notice.

Many immigrants are also being deported to countries they are not from. The Administration now has agreements with Eswatini, South Sudan, Rwanda, El Salvador, and others.

If we could look at these decisions behind the Veil of Ignorance, would we truly consider these actions to be just and fair to those involved?

Sources:

Original position – Wikipedia

John Rawls – Wikipedia

https://www.barnesandnoble.com/w/a-theory-of-justice-john-rawls/1131131419

Trump administration ends TPS protections against Afghan deportations

Timeline of U.S. Withdrawal from Afghanistan – FactCheck.org

Trump’s immigration moves put Afghans who helped with US airstrikes against Taliban in limbo | AP News

Afghanistan: Relentless Repression 4 Years into Taliban Rule | Human Rights Watch

Former Afghan interpreter for U.S. military detained by ICE after routine immigration appointment | WBUR News

Advocates, officials call for release of Afghan man arrested by ICE in CT | Connecticut Public