“Legitimate Refugees Should Not Be Deported”: The Children Deserve Their Deportation Hearings
The politics surrounding the surge of migrant children at our Southern border are predictable: Republicans blast President Obama; Obama asks Congress for more money to deal with the problem; immigration advocates insist on fewer deportations.
But in the middle of that clichéd drama are gut-wrenching stories about children — including some who are quite young — undertaking a dangerous, lonely journey either alone or in the company of unreliable strangers. It’s hard to fathom.
How awful must conditions be at home for impoverished parents to pay $6,000 for criminal smugglers to take a seven- or eight-year-old child hundreds of miles away? How desperate must a young child be to get on the road alone to try to find Mom and Dad in another country?
News accounts tell those pitiful stories. Ten-year-old Angel and his 7-year-old sister, Dulce, longed to join their parents in the Los Angeles area. They traveled by bus with relatives from Chimaltenango, Guatemala, to the Rio Grande, but their adult kin left them to cross the river with other youngsters.
A 14-year-old boy from Honduras said that his parents were dead and he was hoping to find an aunt in New Orleans. Then there was 11-year-old Nodwin, who said he left Honduras by himself — nearly drowning in the Rio Grande — to get away from criminal gangs, which enforce their rule through torture and rape.
The United States, which thinks of itself as exceptional and indispensable, has an obligation to do what it can to help these children, whose plight has rightly been termed a humanitarian crisis. We can do better than immediate deportations.
In fact, a law intended to curb human trafficking that was passed during the administration of George W. Bush mandates that those children be given deportation hearings to consider their requests for refugee status. Meanwhile, they must be given food, shelter and reasonable accommodations. (Under the same law, unaccompanied minors from contiguous countries, Canada and Mexico, are immediately turned back if they are caught.)
The law may well have contributed to the stunning surge of children — some of them as young as kindergarteners — trying to enter the country illegally. More than 50,000 children have tried to enter the U.S. in the last eight months, officials say. In Guatemala, Honduras and El Salvador, the three countries that account for most of the refugees, the law has apparently been misinterpreted by parents and children as a policy of broad leniency toward undocumented minors.
In addition to that misunderstanding, kids are propelled by poverty and violence. Honduras has the highest murder rate in the world; Guatemala, the fifth highest. Who could blame them for trying to escape that?
But the crush of refugees has created a political embarrassment for President Obama. In a futile effort to garner GOP support for comprehensive immigration reform, the president has pursued a tough deportation policy toward adults, ensnaring not just felons, but also some undocumented workers who committed minor traffic offenses. The policy hasn’t won over GOP critics, but it has alienated some of Obama’s Latino supporters.
With midterm elections approaching, Republicans are using the refugee crisis as a sledgehammer, insisting the president has broken the law. Sarah Palin has gone so far as to call for Obama’s impeachment. None of the president’s critics acknowledge that he is following a law that several of them supported just a few years ago.
Under the searing pressure, Obama has called for billions to pay for more guards, drones and detention facilities; he has also suggested that he would support a change in the law that would quicken the deportation of unaccompanied minors.
That’s a mistake. The United States cannot solve Central America’s problems of poverty and violence, nor can it take tens of thousands of undocumented children. But it can take those who would qualify for legitimate refugee status.
The children deserve their deportation hearings, and the president should stand steadfast to make sure they get them.
By: Cynthia Tucker, The National Memo, July 12, 2014
“Bordering On Heartless”: Protecting Ourselves From The Youngest Of Refugees
Glenn Beck says he has come under fierce attack from some of his fellow conservatives for a grave transgression.
His crime? He announced plans to bring food, water, teddy bears and soccer balls to at least some of the tens of thousands of Central American children who have crossed the border into the United States.
“Through no fault of their own, they are caught in political crossfire,” Beck said. “Anyone, left or right, seeking political gain at the expense of these desperate, vulnerable, poor and suffering people are reprehensible.”
Beck, not averse to a certain grandiosity, let us know that “I’ve never taken a position more deadly to my career than this.” But assume he’s right — and he may well be. It’s one more sign of how the crisis at our border has brought out the very worst in our political system and a degree of plain nastiness that we should not be proud of as a nation.
Let’s stipulate: This is a difficult problem. Unless the United States is willing to open its borders to all comers — a goal of only the purest libertarians and a very few liberals — we will face agonizing choices about whom to let in and whom to turn away.
Moreover, it’s clearly true, as The Post editorialized, that “there is nothing humanitarian in tacitly encouraging tens of thousands of children to risk their lives, often at the hands of cutthroat smugglers, to enter this country illegally.”
But instead of dealing with this problem in a thoughtful way reflecting shared responsibility across party lines, President Obama’s critics quickly turned to the business of — if I may quote Beck — seeking political gain. Last week, the only issue that seemed to matter was whether Obama visited the border.
It’s not just partisan politics, either. It should bother religious people that politicians pay a lot of attention when conservative church leaders speak out against contraception and gay rights but hardly any when religious voices suggest that these children deserve empathy and care.
There are those in our clergy who could usefully consider whether they speak a lot louder when they’re talking about sexuality than when they’re preaching about love. Nonetheless, many religious leaders are condemning callousness toward these kids.
“The church cannot be silent,” the Rev. Gabriel Salguero, president of the National Latino Evangelical Coalition, wrote in Time magazine, “as angry groups of people stoking the flames of fear yell at buses filled with helpless immigrant children and women.”
And Sister Mary Ann Walsh, the media director for the U.S. Conference of Catholic Bishops, called for “a moral conscience moment” akin to the response during the civil rights era “in the welcoming of children and others escaping the violence in such countries as Guatemala, El Salvador and Honduras.”
It is said, and it’s true, that the William Wilberforce Trafficking Victims Protection Reauthorization Act that swept through Congress and was signed by President George W. Bush in December 2008 has had the unintended consequence of encouraging the Central American children to head north. To protect victims of sex trafficking, the law guaranteed an immigration hearing to unaccompanied minors, except for those from Canada and Mexico.
As the bill was making its way through Congress, members of both parties could not stop congratulating themselves for their compassion. The bill, Rep. Jeff Fortenberry (R-Neb.) said, arose from “exemplary bipartisan cooperation” and showed how big-hearted we are.
“Together, let us end the nightmare of human trafficking,” he declared, “and lead the world to see, in the poignant words of Alexis de Tocqueville, that America is great because America is good.”
Suddenly, we are far less interested in being “good” than in protecting our borders — even if those we are tring to “protect” ourselves from are the youngest of refugees.
All the pressure now is to change the Wilberforce Act so it would no longer apply to Central American children. There’s a strong logic to this. The law does create a powerful incentive for unaccompanied minors from Central America (which is not that much farther away than Mexico) to seek entry, en masse, to our country.
But there is another logic: that the anti-trafficking law really did embody a “good” instinct by holding that we should, as much as we can, treat immigrant children with special concern. Do we rush to repeal that commitment the moment it becomes inconvenient? Or should we first seek other ways to solve the problem? Yes, policymakers should be mindful of unintended consequences. But all of us should ponder the cost of politically convenient indifference.
By: E. J. Dionne, Jr., Opinion Writer, The Washington Post, July 13, 2014
“Borderline Behavior”: GOP Demands Action, Blocks Solutions — And Always Complains
Listening to Republicans in Washington (and Texas and Arizona) scream about the “crisis” of migrant children arriving from Central America on our southern border, it is puzzling to realize that they don’t actually want to do anything to solve the problem. Nor do these hysterical politicians – led by that down-home diva Rick Perry, the governor of Texas – want to let President Obama do anything either.
Except that they insist the president absolutely must visit the border, in person, preferably with a thousand members of the National Guard (who could join the Border Patrol and local police in accepting the children as they surrender). Strangely enough these Republicans, along with a few Texas Democrats, seem to believe that is the most important action Obama could undertake.
Understandably, the president is skeptical. “This isn’t theater,” he responded tartly. “This is a problem. I’m not interested in photo ops. I’m interested in solving a problem.” As he knows, this episode is only the latest in a long sequence of similar clown shows, with Republicans citing ridiculous reasons to delay or prevent government action. His irritation is fully justified.
But perhaps Obama should have gone down to the border anyway, stood in the blazing sunlight with the dim governor for as long as Perry wished – and allowed the television cameras to show that their presence had accomplished exactly nothing. Of course, if Obama showed up at the border, the Republicans assuredly would criticize him for wasting time on a photo op. They have become the party of perpetual whining.
When they aren’t bleating about Obama, they’re concocting weird theories about his secret plans to destroy America. Only last week, Perry coyly hinted – although he said he didn’t want to be “conspiratorial” — that the White House must be “in on” the border crossings, because migrant kids couldn’t have showed up en masse without “a highly coordinated effort.” Later, he tried to persuade CNN’s Kate Bolduan that he didn’t really mean what his idiotic words said – an explanation everyone has heard from him before.
While Perry has taken the lead, he isn’t the only elected official whose mouth spews absurdities on this subject. Senator Ron Johnson (R-WI) offered a policy approach that would please any simpleton, when he explained why the President’s request for $3.7 billion in emergency funding looks far too big to him. “I’ve gone online and have taken a look on Orbitz and taken a look at what does it cost to fly people to El Salvador and Guatemala and Honduras. You have fares as low as $207. There’s nonstop flights at $450. You take those numbers and it costs somewhere between $11 million and $30 million to return people in a very humane fashion,” he opined.
Evidently nobody informed the Wisconsin senator about the myriad other costs involved in rounding up and caring for these terrified children, who are entitled to a court hearing and other consideration under an anti-trafficking law signed by George W. Bush. Anyone who wants to expedite their removal – a disturbingly inhumane and unnecessary policy – must first provide more courts, judges, and lawyers. And anyone who wants a decent policy, which includes action against the drug warlords who are threatening and killing these innocents, must be prepared to spend more than the cost of an Orbitz ticket.
Some Republicans, notably Senator Marco Rubio (R-FL), are urging the president to include their pet projects in his spending bill, such as electronic verification requirements for employers and at border crossings. And many GOP lawmakers, having demanded action on the border issue from Obama, are equally adamant that the funding must be “offset” by cuts in other programs.
None of these geniuses appears to realize that all their barking and carping and mooning are frustrating the president’s attempt to address the “crisis” that is agitating them so fiercely. Or more likely they know exactly what they’re doing — and the point, as usual, is to embarrass Obama.
But not every Republican talks total nonsense about the border and immigration. Alfonso Aguilar, who headed the Office of Citizenship under Bush, recently wrote: “Contrary to the narrative of some opportunistic politicians and pundits, this unfortunate situation is not the result of the Obama administration failing to enforce the law. In reality, most would-be-migrants believe that crossing the border has become much more difficult, and in the last decade, the U.S. government has greatly strengthened border security and interior enforcement.”
Meanwhile, the majority of Americans is increasingly repulsed by the primitive nativism and partisan opportunism of Republican leaders on immigration. Democrats, independents, and even many rank-and-file Republicans want a more decent and constructive policy. Ultimately voters must grasp that the GOP is the greatest single obstacle to every vital reform. That day cannot come too soon.
By: Joe Conason, The National Memo, July 11, 2014
“Republican’s Tricky Dancing Dilemma”: The GOP’s Religious Liberty Sham Is About To Blow Up Their Immigration Reform Excuse
The Supreme Court’s determination that Hobby Lobby and other closely held corporations can be treated as religious entities, and are thus exempt from the Affordable Care Act’s contraception mandate, happened to fall on the same day that President Obama announced he’ll take executive action to reduce deportations from the U.S. interior now that John Boehner has confided to him that the House won’t vote on immigration reform this year.
I’m sure the timing was coincidental. But as the consequences of each development begin to play out, I think we’ll find that they’re much more revealing side by side than they would have been running sequentially.
The key is that Democrats are going to attempt, through legislation, to remedy the damage the Court did to the contraception mandate while simultaneously acknowledging that their attempts to legislate immigration reform have failed, and that they’ll have to content themselves with whatever steps the administration can take under current law.
But at the same time, Republicans are going to try to side-step the political dangers of the contraception decision and their leading role in killing immigration reform. That would be a tricky dance under any circumstances, but particularly difficult to do all at once.
Republican leaders are pretty surefooted talking about Hobby Lobby as a religious freedom fight (although it wasn’t one). But they are also rightly wary of its potential to draw the party’s latent Todd Akinism out of remission.
Here’s Rush Limbaugh, on Monday: “[S]omehow we’ve gotten to the point where women should not have to pay for their own birth control. Somebody else is gonna pay for it, no matter how much they want, no matter how often they want it, no matter for what reason, somebody else is going to pay for it. That’s the root of all this. The employer should pay it, the insurance company will pay it, but in no way in 2014 America are women going to being pay for it, even though you can go to Target or Walmart and get a month’s supply for nine bucks.”
The risk they face is that a legislative fight over contraception—over making sure female employees of Hobby Lobby and other companies aren’t burdened by the ruling—will draw the real, driving concern out from behind the religious liberty artifice. It’s on this ground that “striking a blow for religious liberty” becomes “we don’t want to pay for your immoral sex pills, either,” and that’s where Republicans lose.
The easy way out of this conundrum would be to get it off the agenda as quickly as possible—to say that Obama administration officials should issue a new regulation, placing the onus for financing the contraception on insurance companies, and move on. Obama already did this for religious nonprofits. He could do it for the religious owners of for-profit corporations, too. And in the opinion of the Court, Justice Samuel Alito all but suggested this remedy to the Department of Health and Human Services.
“HHS has already devised and implemented a system that seeks to respect the religious liberty of religious nonprofit corporations while ensuring that the employees of these entities have precisely the same access to all FDA-approved contraceptives as employees of companies whose owners have no religious objections to providing such coverage,” he wrote. “Although HHS has made this system available to religious nonprofits that have religious objections to the contraceptive mandate, HHS has provided no reason why the same system cannot be made available to the owners of for-profit corporations have similar religious objections.”
In a political vacuum, that’s what Republicans would say in response to Democratic contraception legislation. But in the real world, Republicans are claiming that they can’t pass immigration reform because Obama takes too many administrative liberties and can’t be trusted to implement the law as written. That’s always been a disingenuous excuse, but it loses all semblance of credibility when in the next breath they argue that members of Congress don’t have to stand and be counted in the case of contraception because Obama can just fix the problem on his own. Particularly given that the proposed remedy doesn’t actually satisfy religious conservatives.
Not that Republicans would have any qualms about talking out of both sides of their mouths. But if they try to sidestep a contraception conflagration in this way, they’ll undermine their own excuse for shelving immigration reform. And if they take the contraception fight head on, they’ll stumble into the conservative sexual morality play they’ve tried to avoid by claiming this is actually all about the religious freedom of certain employers.
By: Brian Beutler, The New Republic, July 1, 2014
“The Course Republicans Have Chosen”: The GOP Is Now Officially The Party Of “Get The Hell Out”
Exactly one year after the Senate passed an immigration reform bill that built a compromise on an exchange of increased enforcement for legalization for the 11 million, Republicans have now officially abandoned any pretense of a willingness to participate in solving the immigration crisis. Instead, they have committed the party to a course premised on two intertwined notions: There are no apparent circumstances under which they can accept legalization of the 11 million; and as a result, the only broad response to the crisis they can countenance is maximum deportations.
This means it’s now all in Obama’s hands to decide what he can do unilaterally to ease the pace of deportations and address the current unaccompanied migrant crisis.
One way to understand what happened here is to trace the evolution of GOP Rep. Bob Goodlatte, chair of the Judiciary Committee and a serious party thinker on the issue. Today Politico has a deep dive into the death of reform, reporting that in 2013, House GOP leaders privately told Hispanic leaders that they would try to embrace reform if the August recess that year went smoothly. This happened:
At one point, the Rev. Daniel de Leon, a California pastor, asked…Goodlatte about family reunification — a critical issue for religious communities. The normally reserved Virginia Republican…began to cry and choked up completely, two people inside the room recalled.
About a minute later, Goodlatte regained his composure. Apologizing for the abrupt tears, the former immigration attorney discussed how the issue is a deeply personal one: His wife Maryellen’s parents were first-generation immigrants from Ireland, he explained, and throughout his legal career, Goodlatte helped immigrants from more than 70 nations come to the United States.
Now fast forward to yesterday. Goodlatte effectively declared immigration reform dead as long as Obama is in office, blaming his decision to defer the deportation of DREAMers for the current crisis of unaccompanied migrants crossing.
This tells the entire story. Goodlatte was an early proponent of a form of legalization for the 11 million that could have been the basis for compromise. In this scenario, Republicans could have voted on piecemeal measures that included just legalization — and no citizenship — packaged with concurrent enforcement triggers. Paul Ryan and Mario Diaz-Balart both floated versions of that idea, which is to say, Republicans probably could have passed something like this, though it would have been (shock! horror!) difficult. This could have led to a decent deal for Republicans: In negotiations with the Senate, Dems would drop the special path to citizenship in exchange for Republicans agreeing to legal tweaks making it easier for the legalized to eventually find their way to citizenship through normal channels.
That’s essentially the larger scenario Goodlatte supported as early as last summer, and those who closely follow this debate have long known it was a plausible scenario and an endgame GOP leaders such as John Boehner privately hoped for. But it would have required getting the right angry at some point (which any immigration solution was always going to do). And so, it ran up against an unwillingness by a large bloc of Republicans in the House to do the hard work of figuring out what set of terms and conditions, if any, might enable them to support some form of legal status in the face of the right’s rage. Jeb Bush’s remarks were controversial precisely because he revealed the GOP unwillingness to cross this Rubicon as a moral challenge Republicans could not bring themselves to tackle. Even Boehner — who actually deserves some credit for trying to ease the party towards accepting legalization — essentially admitted this was the real obstacle to reform in a moment of candor earlier this spring.
And that’s where we are now. The current crisis is actually an argument for comprehensive immigration reform. But Goodlatte — who once cried about the breakup of families — is now reduced to arguing that the crisis is the fault of Obama’s failure to enforce the law. Goodlatte’s demand (which is being echoed by other, dumber Republicans) that Obama stop de-prioritizing the deportation of the DREAMers really means: Deport more children. When journalist Jorge Ramos confronted Goodlatte directly on whether this is really what he wants, the Republican refused to answer directly. But the two main GOP positions — no legalization, plus opposition to Deferred Action for Childhood Arrivals (relief for the DREAMers) — add up inescapably to “get the hell out” as the de facto GOP response to the broader crisis.
This is the course Republicans have chosen — they’ve opted to be the party of maximum deportations. Now Democrats and advocates will increase the pressure on Obama to do something ambitious to ease deportations in any way he can. Whatever he does end up doing will almost certainly fall well short of what they want. But determining the true limits on what can be done to mitigate this crisis is now on him.
By: Greg Sargent, The Plum Line, The Washington Post, June 27, 2014
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