“The Knuckles Are Dragging Again”: The GOP Follows Sen. Sessions—Backward
If you want to see where the impulse to reform the Republican Party in a more libertarian direction of limited government, social tolerance, and free markets goes to die, look no further than the recent attacks on immigration and freer trade by Jeff Sessions, the influential senator from Alabama. Every time the GOP seems finally ready to orient itself in a forward-looking, post-culture-war direction, some holdover from an America that never quite existed to begin with blows his whistle and the next generation of would-be party leaders fall into line like the obedient von Trapp children in Sound of Music.
Indeed, Scott Walker has explicitly attributed his remarkable flip-flop on immigration to conversations with Sessions. Just a few years ago, the Wisconsin governor and leading Republican presidential candidate used to favor liberal immigration and a path to citizenship for illegals. Now he’s calling for “no amnesty” and universal, invasive, and error-prone E-Verify systems for “every employer…particularly small businesses and farmers and ranchers.”
The three-term, 68-year-old Sessions is “the Senate’s anti-immigration warrior,” according to Politico, and he wants to curb not just illegal and low-skill immigration but also the number of folks chasing the American Dream under H1-B visas, which apply to “workers in short supply” who are sponsored by specific employers with specialized needs.
In a recent Washington Post op-ed, Sessions complained that “legal immigration is the primary source of low-wage immigration into the United States.” Exhibiting the zero-sum, fixed-pie economic thinking that conservatives and Republicans routinely chastise in liberals and Democrats, Sessions continues, “We don’t have enough jobs for our lower-skilled workers now. What sense does it make to bring in millions more?”
His solution is a time out on foreigners, “so that wages can rise, welfare rolls can shrink and the forces of assimilation can knit us all more closely together.” Only “the financial elite (and the political elite who receive their contributions)” could possibly object, argues Sessions in full populist mode. Immigrants keep “wages down and profits up….That is why [elites] have tried to enforce silence in the face of public desire for immigration reductions.”
Sessions brings the same populist and anti-immigrant animus to his critique of the Trans-Pacific Partnership (TPP), the trade deal the Obama administration is brokering between the United States and 11 other countries. Sessions, along with progressive Democrats such as Sen. Elizabeth Warren and Martin O’Malley, only see the shadowy machinations of elites at work in the reauthorization of Trade Promotion Authority (TPA) or “fast-track” negotiations.
Such rules, which have been standard operating procedure since 1974, allow the executive branch to negotiate terms and then bring the deal to Congress for an up or down vote. Citing “the rapid pace of immigration and globalization,” Sessions wants not “a ‘fast-track’ but a regular track.” He, Warren, and others charge that negotiations under TPA are “secret” and are somehow selling out basic American “sovereignty”—despite the fact that any deal will be voted on by Congress.
Sessions will lose the vote against TPA, just as the Republicans will ultimately lose the battle over restricting immigration. Contra Sessions, there is no clear public desire for reducing immigration, except among Republicans. Fully 84 percent of Republicans are dissatisfied with the current generous levels, a super-majority that only shows how out of touch the GOP faithful is with the rest of the country. Earlier this year, Gallup found that 54 percent of Americans are either satisfied with current levels of immigration or want more immigration. Just 39 percent were dissatisfied and want less immigration, which is 11 points lower than the same figure in 2008.
The majority of Americans embrace immigration for a lot of different reasons. Part of it is our history and sense of national identity and part of it is a basic if unarticulated recognition of what economists on the right and left have consistently found: “On average, immigrant workers increase the opportunities and incomes of Americans.”
Leave aside the fact that immigrants are twice as likely to start their own businesses as native-born Americans. The fact is they tend to be either higher- or lower-skilled than the typical worker, so they complement rather than displace natives. And, as the Cato Institute’s Alex Nowrasteh documents in his exhaustive rebuttal to Sessions’s Washington Post piece, immigrants not only consume less welfare and commit less crime than the average American, they pay taxes (often without any hope of getting the money back) and stop coming when the economy sours. If you think immigrants cause problems, check out the parts of the country that nobody is moving to and you’ll understand that it’s precisely when migrants stop coming that your real troubles are starting.
Sadly, lived reality holds little appeal for Sessions and Republicans such as Walker, who are instead doing their damnedest to turn the party of Ronald Reagan and George H.W. Bush decisively against its long and glorious history of relatively open borders and freer trade. In a remarkable 1980 debate between Reagan and Bush I, the two candidates for the GOP nomination literally outdid themselves not simply in praising legal immigrants but illegal ones: https://youtu.be/Ixi9_cciy8w.
In the 2012 election, Mitt Romney pulled just 27 percent of the increasingly important Hispanic vote. That was despite the fact that Barack Obama is, in Nowrasteh’s accurate term, “Deporter in Chief” who repatriated more immigrants far more quickly than George W. Bush. Hispanics aren’t stupid—44 percent of them voted for immigrant-friendly Bush in 2004. They knew things could always get worse and probably would for them under Romney.
With 2016 coming into clearer and clearer focus—and with Hillary Clinton doing her own flip-flop on immigration and now embracing newcomers—the GOP and its presidential candidates have a choice to make. They can follow Ronald Reagan’s example and embrace libertarian positions on immigration and free trade. Or they can follow Jeff Sessions’s retrograde populism and see just how few Hispanic votes they can pull.
By: Nick Gillespie, The Daily Beast, May 12, 2015
“An Ad-Hoc Fallback Position”: Immigration; The Only Time The GOP Cares About The Working Class
Last Monday, Scott Walker, Wisconsin’s Republican governor and a presumed GOP presidential hopeful, kicked the hornets’ nest that is the immigration debate.
He told Glenn Beck’s radio show that America needs to “make decisions about a legal immigration system that’s based on, first and foremost, protecting American workers and American wages,” and that this concern should be “at the forefront of our discussion going forward.”
Walker’s comments are significant because they’re something of a reversal for him, but also because they break with the “legal-immigration-good, illegal-immigration-bad” orthodoxy of the GOP establishment.
Lumping both forms of immigration together as equally questionable makes sense from an economic perspective; market forces don’t care about legal formalities like borders. But it takes near-cosmic chutzpah for Walker to say our first concern should be American wages and workers, given that pretty much every policy move by the Republican Party and the conservative movement seems designed to keep lower class incomes as depressed as possible.
By now, the battle lines on this issue should be familiar. First you get the argument from the center left and right that whenever immigrants, documented or undocumented, come to America, they bring added demand to the economy: They gotta eat, drink, put a roof over their head, get health care, and entertain themselves, just like everyone else. Even as they take on work, they increase the economy’s overall ability to create jobs. So claiming immigrants “take jobs from Americans” is wrong.
This is the view of the economics of immigration from 30,000 feet, and it’s right as far as it goes.
But closer to the ground, the terrain becomes more complicated. The U.S. economy isn’t one big market. It’s actually lots of overlapping markets, with different types of businesses and workers participating in each. And sometimes movement between these markets is easy for those workers, and sometimes it isn’t. So it’s possible for big influxes of low-skill, low-education immigrants to decrease wages and jobs for low-skill, low-education natives. You get more workers in particular markets, so wages go down. Meanwhile, the wealth created by those new entrants flows to other parts of the economy, so jobs in that market don’t increase all that much. And the native workers in those markets can’t easily hop to other markets, so they’re stuck with depressed wages and fewer jobs.
You can click through the links for a fuller examination of this phenomenon. But the short version is that it’s possible the second story is true, even if concrete evidence has been hard to tease out.
What this all boils down to is a problem of bargaining power. If you increase the number of workers in a market, but don’t increase the number of jobs proportionally, employers can play workers off one another, driving wages down. That’s why some Republicans like Alabama Sen. Jeff Sessions — whom Walker is apparently taking his cues from — are opposed to increasing legal avenues for high-skill immigrants. Tech workers, doctors, lawyers, and other professionals don’t like seeing their incomes reduced either.
But immigration policy doesn’t occur in a vacuum. There are lots of ways we could increase worker bargaining power, especially for low-skill Americans, while still taking in many more immigrants than we do now.
We could break up the work the economy already provides into smaller chunks that can be distributed to more workers, through things like national paid leave mandates, paid vacation, strengthened overtime laws, and a shortened work week. We could get the Federal Reserve to run much more aggressive monetary stimulus, or even fundamentally reform the way that policy operates, so that the boost the Fed pumps into the economy goes straight to the Americans hardest hit by bad economic times. We could ramp up government stimulus spending, the generosity of the social safety net, or both, which would also create jobs. And we could change laws to make unions more powerful, so they’d be ready and waiting to take on new immigrants as members and fight on their behalf.
Full employment should really be the top line goal, and it’s what the first four of those five policy options aim at. (With an expanded social safety net and stronger unions also acting as a backstop for wages when full employment isn’t reached.) When there are more workers than jobs available, bargaining power is going to go down across the economy. But at full employment, the first story about immigration — about how it just grows the size of the pie, and everyone benefits — is most likely to be true, because employers aren’t able to play the new workers off the old ones.
Fundamentally, the U.S. economy faces a two-stage problem: First, the share of national income going to labor is getting smaller, as more and more is gobbled up by people who own capital. Second, of that share going to labor, a bigger portion is going to elite workers, leaving the working class with less and less. That’s the context in which the question of immigration has to be understood. Full employment and increased bargaining power for all workers would solve both these problems — equalizing shares between workers, and getting them a bigger slice of the pie vis-a-vis capital.
In a sane and decent world, we would open our borders as wide as humanly possible. Because letting other people immigrate to America makes their lives better; much better in many cases. And we would rely on all those other policy levers to keep the wages and jobs of immigrant and native-born Americans alike healthy and robust.
The perversity of the whole immigration discussion amongst conservatives and Republicans is that they’ve already rejected all these other options for increasing worker bargaining power. That the elite GOP establishment still wants more immigration even after that rejection should make their goal plain as day: keep capital’s share as high as possible!
But for anyone on the right that still wants to claim they give a damn about working class Americans, trying to limit immigration is a kind of ad-hoc fallback position to keep wages up.
By: Jeff Spross, The Week, April 28, 2015
“Just Do It And Move On”: John Boehner Can’t Bring Himself To Rip Off The Band-Aid
Mitch McConnell knows what John Boehner doesn’t, namely that when you have to do something painful, it’s best to get it over with quickly. Rip off the Band-aid, chop the zombie-bite-infected leg off with one blow, just do it and move on. But we’re a day away from a shutdown of the Department of Homeland Security, and Boehner can’t bring himself to do it.
So here’s the current status. McConnell decided that the Senate would take two votes, one on a “clean” DHS funding bill—i.e., one without a rider reversing President Obama’s executive actions on immigration—and one addressing just those executive actions. That way DHS stays open, Republicans get to cast their symbolic vote against Obama, and everybody goes home. The funding bill is already moving through. And of course, Tea Partiers are outraged (here’s one colorful post from Erick Erickson entitled “Eunuch Mitch McConnell Squeals Like a Pig“). Which, I’m pretty sure, doesn’t bother McConnell all that much, because he knows what’s in his party’s interest and what isn’t.
Boehner is still saying “nuh-uh!” But to what end? What does dragging this out actually accomplish for him? Here’s a report from Politico:
Boehner is playing a game of political survival. Most of his inner circle knows that the House will be forced to swallow a clean DHS funding bill at some point. But if the speaker wants to keep conservatives from launching a rebellion, it may be too early to capitulate. Boehner is aware of the perilous situation he’s facing—which is why, in private conversations with lawmakers, he’s telling them to “stay tuned” without tipping his hand on his next move.
Speaking to his caucus Wednesday, Boehner said he hadn’t spoken to McConnell in two weeks, an apparent attempt to distance himself from the Senate GOP leader’s plan. It seemed to highlight what will likely be an unfolding dynamic in the coming Congress, particularly over fiscal matters: The Senate will be forced to cut deals on politically toxic issues, and Boehner will ultimately be forced to accept them in order to avoid potential crises.
So the outcome is inevitable, but Boehner seems to be operating on the assumption that if he holds out a while longer, the crazy caucus will be less angry with him. And when has that ever worked? We’ve been through this multiple times now, and at the end of it they dislike him just as much as they did at the beginning.
There are three things Boehner could be thinking. The first is that if there’s a partial shutdown, the administration will give in and undo Obama’s executive actions. No one is dumb enough to believe that. The second is that he or someone else will have an extraordinary flash of insight and devise a clever stratagem that will get the Republicans everything they want. That’s possible in theory, but highly unlikely to say the least. The third is that this shutdown fight will end the same way all the other shutdown fights ended: with Boehner giving in and allowing a vote on a bill to end the crisis, a bill that passes with the support of Democrats. He will be decried as a capitulator and a RINO, and nothing will have changed.
But is Boehner really in a “perilous situation”? The reason he’s still the speaker isn’t that he’s done such a masterful job of keeping Tea Partiers happy. It’s that nobody else wants the job. When he retained the position in January, 25 Republicans voted for somebody else, but the votes were entirely symbolic. There’s no other candidate, there’s no rebellion planned. He’s secure in his miserable position.
So really, Mr. Speaker, just rip off the Band-aid. Hold the vote to fund DHS. We all know how this ends.
By: Paul Waldman, Contributing Writer, The American Prospect; Contributor, February 26, 2015
“Ignoring Basic Principles Of Government”: Texas Judge’s Immigration Ruling Is Full Of Legal Holes
U.S. District Judge Andrew S. Hanen’s decision to block the Obama plan to defer deportation for about 5 million immigrants here illegally ignores a basic principle of government: For better or worse, the executive branch of government always has discretion as to whether and how to enforce the law.
The judge’s lengthy opinion is wrong as a matter of law and, worse, is based on xenophobia and stereotypes about immigrants. It is very likely to be overturned by the U.S. 5th Circuit Court of Appeals, and, if necessary, the Supreme Court.
Every president must set enforcement priorities on immigration, choosing whom to prosecute or whom to deport. No administration brings prosecutions against all who violate the law. Resources make that impossible, and there are laws on the books that should not be enforced.
Nor has any administration, Democratic or Republican, sought to deport every person who is illegally in the United States. For humanitarian reasons or because of foreign policy considerations or for lack of resources, the government often chooses not to bring deportation actions. In fact, as recently as three years ago, the Supreme Court in United States vs. Arizona recognized that an inherent part of executive control over foreign policy is the ability of the president to choose whether to bring deportation proceedings.
That is exactly what President Obama’s executive orders on immigration have done. He has announced that the federal government will not seek to deport 600,000 young people who were illegally brought to the U.S. as children, or the undocumented parents of U.S. citizens and permanent residents who have resided in the country for at least five years. Millions of parents would be able to remain with their children because of this order and not need to live every day in fear of deportation.
The judge’s order makes several basic legal mistakes. For example, the law is clear that a federal court has jurisdiction to hear a matter only if the federal court’s decision would solve the problem. If the court’s decision would have no effect, it would be nothing but an advisory opinion, which is prohibited by the Constitution. Thus, the Supreme Court long has held that a party has standing to sue in federal court only if a favorable decision would “redress” its injury.
The lawsuit in Hanen’s court was brought by state governments that object to the Obama orders, claiming injury by the presence of immigrants here illegally. But the federal government deports only about 400,000 such immigrants a year. It is entirely speculative that stopping the executive orders would have any effect on the states that brought the suit. In fact, it is unclear what the judge’s order will mean. He cannot force the Department of Homeland Security to deport anyone.
The central argument in Hanen’s ruling is that the executive branch must promulgate a formal rule to defer deportation of these individuals. But the federal government constantly sets enforcement priorities without a formal rule. The Justice Department’s policies to not prosecute possession of small amounts of marijuana or credit card fraud below a designated dollar level, for example, were not adopted by formal rules.
In fact, recent presidents, including Republican ones, have deferred deportations without formal rules. In 1987, in response to political turmoil in El Salvador and Nicaragua, the Reagan administration took executive action to stop deportations for 200,000 Nicaraguan exiles. In 1990, President George H.W. Bush, post-Tiananmen, stopped deportations of Chinese students. He kept hundreds of Kuwaiti citizens who were illegally in the United States from being deported after Saddam Hussein invaded their nation. In 2001, President George W. Bush limited deportation of Salvadoran citizens at the request of El Salvador’s president, and ordered that deportation decisions include consideration of factors such as whether a mother was nursing or whether the person in question was a U.S. military veteran.
Judge Hanen, appointed to the federal bench by George W. Bush, has the reputation of being especially conservative on immigration issues. That tone underlies his opinion, especially as he spoke of immigrants being “terrorists” and “criminals.” What he misses, though, is that the point of Obama’s executive orders was to set enforcement priorities to focus deportations on terrorists and criminals and not on breaking up families.
It is not surprising that a conservative Republican judge would try to stop the Obama immigration policy. But it is just the first word and one unlikely to be sustained on appeal.
By: Erwin Chemerinsky, Dean of the UC Irvine School of Law; Samuel Kleiner, a Fellow at the Yale Law Information Society Project; The Los Angeles Times; The National Memo, february 20, 2015
“A Long History Of Pleasing Conservatives”: Meet Conservatives’ New Favorite Judge
Few outside of a tiny Texas border town knew who Federal District Court Judge Andrew Hanen was until Monday night when he became a right-wing hero.
But this isn’t the first rodeo the judge who delayed implementation of the Obama Administration’s executive order on immigration.
Hanen, a federal district court judge in Brownville, Texas, has a long history of taking a conservative approach to immigration issues in his courtroom, which is located just over a mile from the Mexican border.
The once obscure justice, whose only other previous claim to fame was serving as the President of the Houston Bar Association 15 years, has now made himself a right wing celebrity.
But his ruling on Monday is by far the most consequential that the George W. Bush appointee has ever issued.
He first gained notice for his willingness to entertain the arguments of landowners on the Mexican border who opposed the construction of a fence on their land by the federal government.
The Texas Observer described him in 2010 as “the only federal judge in the nation who forced Homeland Security to acknowledge landowners’ constitutional protections. In case after case, Hanen refused to rubber-stamp the condemnations and ruled that the government would have to provide ‘fair compensation’ for the land it was taking.”
But Hanen became a darling of immigration hawks in a 2013 order in which he vented against a decision made by the DHS not to deport a woman in the country illegally who had paid for her daughter to be smuggled into the United States.
While the smuggler was sentenced to jail, the government allowed the woman and her daughter to remain in the country under a 1997 settlement agreement.
Hanen was not pleased.
In an order he attacked the DHS’s “apparent policy … of completing the criminal mission of individuals who are violating the border security of the United States” and compared the action to “taking illegal drugs or weapons seized from smugglers and delivering them to the criminals who initially solicited their illegal importation/exportation.”
Hanan’s order may not have been binding but it certainly electrified many conservatives as one of the most powerful statements from a federal judge on the issue.
On Monday he made good for conservatives again.
Hanan ruled in favor of 25 states that sued the federal government to stop the implementation of a 2014 executive order to allow millions of undocumented immigrants to apply for “deferred action” from the Department of Homeland Security (DHS). This executive order enabled the undocumented immigrants to work legally and avoid deportation for several years—a move many Republicans have decried as “executive amnesty.”
Hanen didn’t reach a final decision but instead issued a preliminary injunction, which keeps DHS from enforcing the executive order until a final decision is issued.
His injunction though is not expected to last.
The federal government is expected to appeal to the 5th Circuit Court of Appeals in New Orleans and is considered likely to get Hanen’s ruling overturned in that venue.
However, in the mean time, the decision to delay the executive order has major political ramifications in Washington DC where a potential partial government shutdown is looming over this issue.
But no matter what happens in this standoff, there is one clear winner: Judge Hanen.
Immigration reform is likely to remain a quagmire and Congress will continue to be dysfunctional. But, at least, Hanen will increase his Q-rating and become the most consequential federal judge ever to sit in the Brownsville Division of the Southern District of Texas.
By: Ben Jacobs, The Daily Beast, February 17, 2015
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