When I hear about the peril that grown-ups who were illegally brought to the country as youngsters face, I think of the legal doctrine of “laches.” Laches is an equitable application of a statute of limitations, when one is not legislatively prescribed. The common definition of laches is the undue delay in asserting a legal right. It’s application is expressed as those bringing an action figuratively sitting on their hands.
Although it is necessary to prevent automatic entry to our borders, it is patently obvious that certain industries have relied on exploiting undocumented people to keep labor costs low.
It’s almost impossible to get employment, buy a car, get a mortgage, open a bank account or conduct any financial transaction without providing identification that includes a Social Security number. There’s plenty of opportunity to broadly review the life history of everyone, without discriminating against anyone. Everyone should at least one time in his or her life be required to produce a birth certificate.
Without the precision of a statute of limitations, it is clearly improbable that young adults living openly in society have not provided ample opportunity for law enforcement to have discovered their history.
Therefore, they should be able to raise the defense of laches and the government should explain why it’s not compelling.
— Sheldon I. Saitlin, Chicago
