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Immigration politics: What to expect next

Photo by Eric White/Flickr (Creative Commons)

A stretch of border fence through the desert, Imperial Sand Dunes, California.

As the 111th U.S. Congress heads out the door without an immigration overhaul to its credit and a new Republican-led House takes over in January, what happens now?

In recent days, a series of requiems have emerged for the broad reforms that were promised by the Obama administration, as have predictions of two years of enforcement-based immigration measures.

Here are a few selections:

The Washington Post published an essay by University of Southern California journalism and public policy professor Roberto Suro, former director of the Pew Hispanic Center, titled “A lost decade for immigration reform.” From the piece:

Like so much else about the past decade, things didn’t go well. Immigration policy got kicked around a fair bit, but next to nothing got accomplished. Old laws and bureaucracies became increasingly dysfunctional. The public grew anxious. The debates turned repetitive, divisive and sterile.

An Associated Press analysis predicted a much harder line on immigration over the next two years, including efforts to test interpretations of the 14th Amendment, which grants citizenship to everyone born in the United States:

In a matter of weeks, Congress will go from trying to help young, illegal immigrants become legal to debating whether children born to parents who are in the country illegally should continue to enjoy automatic U.S. citizenship.

Such a hardened approach – and the rhetoric certain to accompany it – should resonate with the GOP faithful who helped swing the House in Republicans’ favor. But it also could further hurt the GOP in its endeavor to grab a large enough share of the growing Latino vote to win the White House and the Senate majority in 2012.

A Los Angeles Times story made a similar prediction, citing some of the goals of soon-to-be house Homeland Security Committee chair Peter T. King, a New York Republican, and Lamar Smith, the Texas Republican who is to chair the House Judiciary committee:

Among other initiatives, King wants to see the Homeland Security Department expand a program that enlists the help of local police departments in arresting suspected illegal immigrants.

Texas Republican Lamar Smith, who will have oversight over deportations and arrests when he takes the gavel as chairman of the House Judiciary Committee, was an author of 1996 legislation increasing penalties against illegal immigrants.

In a press conference last week, President Obama called the failure of the Dream Act his “biggest disappointment” and said he wasn’t ready to give up on the measure. The proposed legislation would have granted conditional legal status to undocumented youths who attended college or joined the military. It cleared the House earlier this month, but fell five votes short of cloture during a Senate procedural vote two weekends ago. In the 112th Congress, a bill of this nature having any success is unlikely. From The Washington Post:

Congressional Republicans said in interviews Thursday that their concerns about the measure remain strong, and both House and Senate GOP leaders said they would fight any attempt to legalize any of the 11 million undocumented immigrants in the country before the administration secured the nation’s southern border with Mexico.

“It is pointless to talk about any new immigration bills that grant amnesty until we secure the border, since such bills will only encourage more illegal immigration,” incoming House Judiciary Chairman Lamar Smith (R-Tex.) said in a statement.

Q&A: UCSD immigration expert Wayne Cornelius on why the Dream Act went down

Photo by Leslie Berestein Rojas/KPCC

Participants in a vigil and rally for the Dream Act in downtown Los Angeles earlier this month

The defeat in the Senate last Saturday of the Dream Act, which would have granted conditional legal status to qualifying undocumented college students, graduates and military hopefuls who arrived here before age 16, was just the most recent action on a proposal that has been circulating for nearly a decade. And each time it has come up for a vote, UC San Diego’s Wayne Cornelius has followed it, as he has every other federal immigration proposal that has come and gone since then.

Cornelius is one of the nation’s leading scholars on immigration and U.S.-Mexico border issues, a political scientist and director emeritus of UCSD’s Center for Comparative Immigration Studies. He is now associate director of the university’s Center of Expertise on Migration and Health.

After years of observing the politics of immigration, Cornelius has his own take on why the Development, Relief and Education for Alien Minors (DREAM) Act failed this time around, in spite of unprecedented student activism and a streamlining of the bill that allowed it to clear the House. He shares his opinion on the Obama administration’s strategy of pushing tough enforcement as a means to win support for broader immigration reform, a strategy he believes is doomed to fail.

M-A: Why do you think that in this latest round of the Dream Act, with all of the activism, the recent tightening of the bill and the positive Congressional Budget Office analysis, the proposal still failed? Was it purely partisan politics, or is there any sort of adjustment that could have saved it?

Cornelius: The partisan politics of the Dream Act were impossible to overcome. In this sense, it wasn’t fixable, however many tightening concessions were made.

The larger problem is that the entire Obama immigration policy strategy was based on a high-risk gamble that winning credibility on border and interior enforcement among members of Congress would buy the political space needed to enact comprehensive immigration reform.

This strategy was fundamentally misconceived because Republicans in Congress have found tough immigration stances to be reliably effective in mobilizing their base, and because the Great Recession heightened public anxiety and anger about immigration.

The Obama administration has continued the Bush II-era border fortification project and also significantly toughened interior enforcement, pushing spending on all forms of immigration enforcement to unprecedented levels. But with the failure of the Dream Act, and the negligible probability of enacting any larger legalization program in the next Congress, President Obama is left with nothing but the stick.

His immigration legacy may well turn out to be a step-level increase in immigration enforcement and spending, with no progress on anything unrelated to pursuing the undocumented – even high-achieving students brought to this country as children. To those of us who worked hard in his presidential campaign, that is a bitter pill.

M-A: What did you see as the Dream Act opponents’ main concerns?

Cornelius: Publicly, they said that they opposed rewarding law-breakers (undocumented students brought to the U.S. as children?), and that legalizing this small population would serve as a magnet for untold millions of new illegal aliens (despite a total lack of empirical evidence to support this “magnet” hypothesis). But this is a smoke screen. These are the arguments that play well with the GOP’s base and Tea Partiers. Whether GOP members of Congress really believe them or not, that’s what determines their strategy on this issue.
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M-A: What makes it so difficult for non-enforcement (i.e. non-fence, etc.) immigration reform bills to pass? Is it a question of being able to quantify results?

Cornelius: None of the proponents of tougher immigration controls is interested in evidence-based policymaking.

M-A: So what happens next? Non-enforcement measures like this one appear to stand no chance before 2012. Then what?

Cornelius: The next two years may bring some ramping down of the most heavy-handed interior enforcement activities, but the genie is now out of the bottle.

In many cities and counties, for example, local police have assumed an aggressive immigration enforcement role that will not be surrendered easily. Our most recent (UCSD/Center for Comparative Immigration Studies, January-February 2010) survey of migrants from Jalisco found that more than one-quarter of them had been stopped by police and interrogated about their immigration status within the last twelve months.

I don’t see a Congressional coalition capable of withstanding the anti-immigration forces anytime in the foreseeable future. Obama’s political advisors will be telling him that pushing comprehensive immigration reform would complicate the challenge of winning back independent voters who have deserted him in the last two years (independents tend to prefer a harder line on immigration than Democrats), so he can’t go too far in that direction. The countervailing pressure will come from Latinos, who will justifiably feel that they have been thrown under the reelection bus.

What it will take to change the basic political calculus is a broad, robust, sustained economic recovery that generates highly visible labor shortages across the country and refocuses public and Congressional attention on immigration as one solution to this problem.

Want to predict when that will happen?

After the Dream Act vote, a few more good reads

Photo by Leslie Berestein Rojas/KPCC

A sign at a Dream Act rally in Los Angeles last summer

With the amount of student activism surrounding it and the coverage it has received, the Development, Relief and Education for Alien Minors Act, otherwise known as the Dream Act, has perhaps been the biggest immigration story of 2010.

The bill, which would have provided conditional legal status for qualifying undocumented youths who attended college or joined the military, won House approval earlier this month but died during a Senate procedural vote Saturday morning, after falling five votes short of the necessary 60 needed for cloture.

And following its defeat, there has been no shortage of news, analysis, and discussion. Here are a few interesting items related to the bill that I’ve come across in the past couple of days:

  • The New York Times had a good analysis of how the Obama administration’s tougher immigration policies – including a record number of deportations – failed to achieve the objective of winning over Republican support for the trade-off, i.e. a comprehensive overhaul of the immigration system. The Dream Act was considered “the easiest piece to pass.”
  • ColorLines had a feature on the student movement that helped make the Dream Act the story of the year, bringing new attention to proposed legislation that has circulated for nearly a decade. The hallmark of this activism has been undocumented students going public with their status, risking deportation in the process. “That the DREAM Act made it as far as it did in 2010 is a testament to a national, youth-led grassroots movement,” the story reads.
  • The Atlantic Wire posted five different takes from five different pundits on the legislation, its defeat, and its political fallout. Call it a roundup within a roundup.
  • Latino Decisions pollster Matt Barreto wrote about how those who voted against the bill may have trouble with Latino voters in the next election. “As the 2012 election cycle takes shape, and the issues are defined and debated, it is unlikely that votes on the DREAM Act will be forgotten by Latino voters, 88% of whom supported the bill’s passage,” he wrote.
  • The U.S. Senate website lists the roll call of votes from Saturday. The votes (55 in favor, 41 against) fell mostly along partisan lines, although three Republicans voted for the bill, and five Democrats voted against it.

From readers, more thoughts on the Dream Act

Photo by Leslie Berestein Rojas/KPCC

A homemade poster on the wall of the UCLA Downtown Labor Center, where student activists gathered to call legislators before the House vote on the Dream Act earlier this month. December 8, 2010

Thanks to everyone who joined the discussion on the Dream Act this weekend, after Saturday’s procedural vote in the Senate. I spent the morning with a group of students and other supporters as they made last-minute calls to legislators and watched the vote take place on C-SPAN, posting updates as the voting proceeded. The bill fell five votes short of the 60 needed for cloture, with 55 senators voting for it and 41 against, mostly along partisan lines.

After it was over, Multi-American readers posted comments in what became a rather heated debate. Here’s an excerpt from one typical back-and-forth, unedited.

Argentinachick13 wrote:

I’m 17 years old. I came to this country when I was 6 years old. I’m a Junior in Highschool, good grades, never got in trouble by cops. The one thing I want, and that I’m missing? A future. I want to go to college, I want a career, I want an opportunity. Yes I was born in another country (Argentina) but I grew up here, I made friends here, I have a life here, I’m going the right path for a good future. I can’t just throw all my hard work, dedication, and friends away and go back to Argentina and having to start all over again.

Just because I was born somewhere else, doesn’t make me less of a person. I’m still a human being, who wants to get somewhere in life. I was watching the debate this morning. I had tears in my eyes because we were short of 5 points. And I ask myself, what’s going to happen now? Hopefully the selfish senates will make the right decision and not think of themselves for a chage, and let other people have an opportunity too. But..one can only hope.

To which Coryrck replied:

Your the selfish one not MY senates! You dont deserve anything you are here illegally. My grandparents fought and died for this country…..what have your ancestors done for this country besides LIVE HERE ILLEGALLY AND TAKE HONEST LEGAL AMERICAN JOBS,MONEY, AND BENEIFITS. You and eyour family havent earned the right to call yourself an american bc you are ILLEGAL! Go back to argentina where you belong american doesnt need you!!!

Yes, the exchanges got a little intense at times. But thanks, folks, for at least keeping the language PG-rated this time around.

Before the vote, a few good Dream Act reads

Photo by Leslie Berestein Rojas/KPCC

A homemade poster on the wall of the UCLA Downtown Labor Center, where student activists gathered last week to call legislators before the House vote on the Dream Act, December 8, 2010

With a Senate vote on the Dream Act now in the works for tomorrow morning, there is no shortage of reading material pertaining to the bill, which would grant conditional legal status to undocumented youths who either attend college or join the military, provided they arrived here before age 16 and meet other strict criteria.

A recent version of the Development, Relief and Education for Alien Minors (DREAM) Act was approved by the House last week, and a procedural vote on that version is anticipated tomorrow morning in the Senate.

In spite of unprecedented student activism and popular support (a recent Gallup poll showed a narrow majority of respondents in approval), its chances of success in the Senate are slim: As of yet, there is insufficient Republican support for the 60 votes needed to avoid a filibuster. The Senate is also expected to vote tomorrow on the repeal of the “Don’t Ask, Don’t Tell” ban on gays serving openly in the military.

Between now and then, here are some interesting reads on the Dream Act:

First, the bill itself. The text describes it as:

A bill to authorize the cancellation of removal and adjustment of status of certain alien students who are long-term United States residents and who entered the United States as children and for other purposes.

The Hill published this great tick-tock of the strategy by the Dream Act’s supporters in Congress, which led up to the vote now planned for tomorrow. From the piece:

When House Democrats last week passed the DREAM Act before the Senate had staged its vote, the timing was no accident.

Instead, the chronology was part of a carefully designed strategy — orchestrated, with some tension, between the two chambers — to grant the proposal its greatest shot at success. The fast-evolving process required behind-the-scenes scheduling changes; an eleventh-hour hearing; constant lobbying from supporters; and a risky-but-successful show of procedural gymnastics in the Senate — all aimed at lending momentum to the hot-button bill in hopes of enacting it by month’s end.

ColorLines has a piece on the student activism surrounding the bill as a vote nears. From the piece:

These final days of advocacy will cap off a year of unprecedented activism and outspoken support for the DREAM Act, which would put undocumented immigrant youth on a path to citizenship if they commit two years to higher education or the military and have a clean criminal record. Military leaders, labor and immigrant rights groups, university presidents, and faith groups have been vocally pushing for the DREAM Act this year.

Firedoglake has a piece on the bill’s prognosis as of today. Among the details:

…when you see what amounts to stacked cloture votes like this, it’s a pretty good sign that the majority doesn’t feel confident about the first one passing. If the DREAM Act ended up succeeding, it would push back cloture on DADT repeal probably to Monday, when Ron Wyden won’t be available for voting, because he’s undergoing prostate cancer surgery. DADT repeal probably has 61 votes in hand with Wyden, but you never know, and without him, it makes the potential for error greater. I don’t think that’s what the Senate has in mind, although of course, that outcome would assure passage of the DREAM Act.