Kris Kobach

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Romney prepares to tackle his ‘Latino problem’: Three signs

Photo by Tim Sloan/AFP/Getty Images

Mitt Romney, March 2010

Now that Rick Santorum has dropped out the race and Mitt Romney is fairly assured of the Republican presidential nomination, his campaign seems to be working double-time to woo Latino voters.

It’s not going to be easy. Throughout his campaign so far, Romney has taken a hard line on immigration, alienating Latino voters on an issue that may not rank as high as the economy, but is one that Latinos tend to take personally. And while immigration has been a sore point for both Romney and President Obama, Latino voters still favor Obama by a wide margin.

But recent developments in the Romney camp suggest there will be a heavy focus on reaching Latino voters as November nears, starting with:

1) Romney distancing himself from Kris Kobach, the Kansas secretary of state and activist attorney who has written many recent state anti-illegal immigration laws. From ABC News:

A few months ago, Romney said in a press release that he was happy to have Kobach “on the team,” and was looking forward to working with him to combat illegal immigration. Kobach told  reporters that he was advising the governor on immigration issues.

But a Romney spokesperson  told Politico’s Glenn Thrush on Tuesday that Kobach is a “supporter,” not an adviser. Kobach told National Journal later Tuesday that his role hasn’t changed and he’s still an informal adviser, and blamed Democrats for making it appear as if his job had been modified.

2) The Romney campaign hiring Latino-friendly strategist Ed Gillespie. From The Hill:

Mitt Romney’s hiring of Republican strategist Ed Gillespie is being seen as a sign the campaign will heavily court Hispanic voters — perhaps at the expense of immigration hard-liners in the party.

Gillespie, a former head of the Republican National Committee, has long advocated an aggressive outreach to the Hispanic community. He helped found the Republican State Leadership Committee, a group that recruits and trains GOP candidates for office and has emphasized finding female and minority candidates. He also heads up Resurgent Republic, an organization focused on messaging to independents, including Hispanic swing voters.

3) Romney acknowledging that he has a Latino problem. From MSNBC:

Lost in the other statements Romney made at that Sunday fundraiser in Florida was his admission that he needs to move to the center to win over Latinos. ”We have to get Hispanic voters to vote for our party,” Romney said, observing that polls show Latinos breaking in huge percentages for President Obama “spells doom for us.”

Romney even said the GOP should offer something like a “Republican DREAM Act” to help woo Latinos. But there’s a challenge here for Romney, and it’s the same one Meg Whitman faced in 2010: How do you move back to center on immigration after running so hard to the right during the primary?

Interesting question raised there: How do you move back to center? It’s a problem that (speaking of a “Republican DREAM Act”) has also dogged Florida’s Sen. Marco Rubio, whose earlier hardline rhetoric on immigration isn’t helping now that he’s floating a stripped-down version of the Democratic-backed Development, Relief and Education for Alien Minors (DREAM) Act.

Which brings us back to other ways in which the Romney campaign may try to appeal to Latino voters, i.e. a Latino vice-presidential pick, who could well turn out to be Rubio. But that’s for another post.

Top five immigration stories of 2011, #4: Birthright citizenship

Photo by Victoria Bernal/Flickr (Creative Commons)

The political battle over birthright citizenship exploded almost a year ago, when a series of states began introducing bills seeking to cut off the children born to undocumented immigrants from automatic U.S. citizenship.

The United States, like most countries in the Americas but unlike many European nations, has had a longstanding practice of jus soli citizenship, meaning citizenship is granted to those born on U.S. soil (jus soli is Latin for “right of the soil). Other nations, such as Germany, abide by versions of jus sanguinis (Latin for “right of blood”) citizenship, which there is granted only to children of citizens and/or legal residents.

The notion of barring the children of undocumented immigrants from receiving U.S. citizenship had long lingered on the more extreme fringes of the immigration restriction lobby. But in the anything-is-possible climate that followed the approval of Arizona’s stringent SB 1070 last year, a group of like-minded state legislators banded together and, with the aid of attorneys who worked on SB 1070, created one-size-fits-all model state legislation that would distinguish between babies born to undocumented immigrants and other children when issuing state birth certificates.

Bills based on this model were introduced in several states, including four related bills in Arizona. The idea was to force a Supreme Court reinterpretation of the 14th Amendment of the U.S. Constitution, which since a landmark 1898 ruling has been interpreted as defining how citizenship is bestowed on those born in this country. Here’s Section 1 of the 14th Amendment:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

While it seems self-explanatory, opponents of the 1898 definition (which came out of a legal challenge from a young San Francisco-born Chinese American named Wong Kim Ark) argued otherwise. Here’s what John Eastman, a Chapman University law professor who along with Kansas Secretary of State Kris Kobach helped draft the model bill, wrote in a 2006 legal paper:

Textually, such an interpretation is manifestly erroneous, for it renders the entire “subject to the jurisdiction” clause redundant. Anyone who is “born” in the United States is, under this interpre-tation, necessarily “subject to the jurisdiction” of the United States. Yet it is a well-established doctrine of legal interpretation that legal texts, including the Constitution, are not to be interpreted to create redundancy unless any other interpretation would lead to absurd results.

The “subject to the jurisdiction” provision must therefore require something in addition to mere birth on U.S. soil.

Anti-birthright citizenship bills were introduced in states that included Arizona (where four related bills were introduced), Iowa and Indiana; a related U.S. Senate resolution seeking a constitutional amendment was introduced by GOP legislators from Kentucky and Louisiana.

In the end, the bills didn’t get much traction. In Arizona, where two of the anti-birthright citizenship bills were voted on in the Senate, these and three other strict anti-illegal immigration bills (including one requiring hospitals to check immigration status, and another “omnibus” bill that would bar undocumented immigrants from public services) were voted down in March.

Much speculation followed: Had the anti-birthright citizenship frenzy contributed to a jump-the-shark moment for immigration restriction in the nation’s statehouses?

As the last several months have shown, not entirely. While the action has cooled in Arizona, as evidenced most recently by the recall of SB 1070 sponsor and former state Sen. Russell Pearce (also a champion of the anti-birthright citizenship movement), other states such as Georgia, Alabama and South Carolina have since enacted their own strict anti-illegal immigration laws.

And while none of these have included an anti-birthright citizenship component, their relative success – in spite of court challenges – has shown that state-level immigration initiatives have yet to lose their popularity.

As for the state-to-Supreme Court trajectory that the architects of the anti-birthright citizenship bills envisioned, based on what they hoped would happen with SB 1070? The high court is set to take on the SB 1070 case early next year, a ruling that could make or break the state law trend. But that’s for another story this week.

Check back in tomorrow for top story #3.