Punishment not a problem solver

This year the problem is illegal immigrants, an issue close to the hearts of American and European visitors, although their definition of illegal probably differs significantly. In the US and Europe, the bulk of illegal immigrants are people who have crossed nearby borders in search of work or reunion with already settled relatives.

In China, illegal immigrants are normally defined as foreigners who have entered China and overstayed their visa, or those who have found work despite possessing only a tourist or student visa.

There is perhaps an inclination to dismiss such harmless illegalities as trivial and hardly worth prosecuting, but I think that to do so would overlook certain knock on effects that foreigners staying illegally in China could exacerbate.

First I think that overlooking any crime, no matter how trivial, has a tendency to instigate a dismissive attitude toward the law. This is essentially the same as the "Broken Window" principle that led former mayor of New York, Rudy Guiliani, to crackdown on even relatively innocuous crimes such as graffiti and public urination. By cultivating an atmosphere of respect for the law, even in minor matters, Guiliani attempted to head off the potential escalation of crime caused by foreigners violating the terms of their visa. The Beijing Municipal government seems to have recently followed suit.

The second reason for the enforcement of visa terms is that the foreigners who are knowingly here illegally are more likely to be the ones in need of police help, while they are also paradoxically less likely and willing to seek it. English teachers without a work visa are hardly likely to be hardened criminals, but if these foreigners were ever to be the victims of crime, or were taken advantage of by unscrupulous employers, what legal recourse would they have?

Also at stake is Beijing's image as a safe city for both locals and visitors. This image was tarnished recently by a video circulating online of an inebriated foreigner attempting to force himself on a Chinese girl. The culprit was dealt with violently by some heavy handed passersby, and left on the street in tatters.

While such vigilante justice is satisfying, it does nothing to reassure those living in the capital that their legal troubles will be dealt with in a rational, non-violent manner. China has a right and a responsibility to protect its citizens, just as we foreigners have our responsibility to abide by the laws of the country we are in.

There would be two things that would help in addressing the root of the problem, rather than just punishing the guilty. First, clearer guidelines and communication regarding what is permitted under the various types of visa upon entry to China would eliminate the percentage of foreigners who err due to ignorance. And second, perhaps a reassessment of the regulations regarding the issuance of work visas might help in dealing with the demand for English teachers.

Ultimately China's recent problem with foreigners reflects its own progress in becoming an attractive place to live and should be seen as yet another indication that the country is truly entering the global community.