“Whose Security?”: The GOP Is Playing Games With The Department Of Homeland Security’s Funding In Order To Placate Its Extremists
The Republicans are railing against President Barack Obama for not having a high level U.S. official marching in solidarity with the French this past weekend. OK, that was a mistake on Obama’s part, but this from the Republican crowd that was so anti-France it wanted to change the name of “French fries” in the House of Representatives cafeteria to “Freedom fries”? This from the crowd who will vote tomorrow to approve a Homeland Security Bill totaling $39.7 billion only if it guts our immigration system and refuses to fund the Dream Act, deporting hundreds of thousands of children as well as parents? This from the Republicans who refused to act for a year and a half on a bipartisan Senate bill on immigration that passed with over two-thirds of the vote?
Does Speaker John Boehner really want to put in jeopardy the funding for Homeland Security, especially after the attacks in France and the raised threat level? I doubt it. But the speaker needs to throw his sizable right-wing caucus a bone and let them vote to defund Obama’s immigration plans. He then prays that the Senate saves him, doesn’t pass this absurd piece of legislation, so then they can end up passing a clean bill funding Homeland Security before the end of February when funding runs out. Or if the president is forced to veto the bill, he figures that somehow some fig leaf can be created to allow him to basically bring up a clean funding bill.
This strategy, negotiated with the extremist members of the House of Representatives, was lunacy in December; it is akin to a Kamikaze mission for Republicans now.
In fact, it is a double whammy. It convinces voters that Republicans are the anti-Hispanic and anti-immigrant party, and that they are more than willing to sacrifice our nation’s security to prove how intolerant they are as a party.
My guess is that the reason Boehner wants a vote on Wednesday is to get it out of the way, to give the extremists their say and then avoid a last minute crisis over Homeland Security funding. One day of a “shutdown” of those critical agencies is one day too many.
It will be interesting to see how many of these strategic blunders the Republicans make over the course of the next two years. The House, of course, can pass whatever it wants, but if the GOP puts forth bills as unrealistic and unhelpful as this effort, it will certainly pay the price at the ballot box. It will be their own job security that will be put in peril.
By: Peter Fenn, U. S. News and World Report, January 13, 2015
“Losing Their Minds”: Why The Republican Freak-Out Over Obama’s Immigration Order Is Both Dumb And Inhumane
Like it or not, these are the facts: There are 11.7 million undocumented immigrants living in United States. The U.S. Immigrant and Customs Enforcement only has the capacity to remove about 400,000 per year. That’s less than 4 percent of the total undocumented population.
Keep these facts in mind as President Obama prepares to announce an executive action to protect certain classes of undocumented immigrants — and as Republicans lose their minds over it. Obama’s expected move isn’t a sinister example of “domestic Caesarism,” as Ross Douthat would have it, or “stealth amnesty,” in the words of Reihan Salam. It is an eminently reasonable response in the face of congressional inaction, while the conservative opposition puts them on the wrong side of both basic humanitarian instincts and public welfare.
The executive action is expected to expand deferred action to more undocumented immigrants. Deferred action provides an assurance to certain immigrants that they won’t be pursued for deportation. With it comes work permits, so those who won’t be deported can pursue legitimate work.
The legal basis for deferred action is grounded in prosecutorial discretion — the authority of law enforcement agencies to determine how and when to enforce the law. Such discretion is necessary given scarce agency resources. It’s why police and prosecutors devote most of their time to pursuing serious offenses rather than going after every crime on the books. It would be a waste of resources to charge and punish jaywalkers or adulterers, for instance.
Given these constraints, officials have prioritized certain classes of immigrants for removal. ICE specifically targets three categories of undocumented immigrants: those who present national security or public safety risks; those who have recently entered; and those who have reentered after being removed.
These targets guide immigration enforcement actions. In 2013, there were 368,644 removals. Ninety-eight percent met one of ICE’s three priorities. Of these, 235,093 were removed while trying to enter at the border. Among the 133,551 removed while living inside the United States, 82 percent had a previous criminal conviction.
Just as there are removal targets at the top of ICE’s list, there are non-targets at the bottom. These are classes of undocumented immigrants that agents opt to ignore. These categories, outlined in the 2011 Morton Memo, include U.S. military veterans, minors, elderly persons, and pregnant women, among others.
This list broadly tracks the immigrants that we may see benefit from expanded deferred action under Obama’s executive order. As Eric Posner argues, Obama’s order would in many respects do little more than bless preexisting policy. But it would also give some legal guarantee to peaceable immigrants at the distant, unreachable bottom of ICE’s priority list, allowing them access to aboveboard work in the process.
Conservatives will undoubtedly seethe over Obama’s unilateral action. But once they exhaust their procedural objections, any substantive opposition to the policy itself is either cruel or dangerous.
On the one hand, conservatives could object to a codification of ICE’s existing practices. Under this argument, it’s not selective enforcement of the law that’s the problem, but explicitly telling immigrants who arrived in the country illegally that they’re in the clear. Keeping the law hazy would subject law-abiding immigrants to an illusory fear, supposedly discouraging migrant flows.
This is a deeply inhumane tactic. Their preference would be for millions of immigrants to needlessly live with the specter of deportation hanging over their heads. This would condemn them to living in the shadows and working in tenuous, often-exploitative conditions — even though immigration officials have no interest in deporting them.
The other objection — rejecting prosecutorial discretion outright — isn’t any more heartening. This would involve ICE pursuing every undocumented immigrant with equal zeal.
This would be a policy that jeopardizes national security and public safety. Short of expanding enforcement capacity by a factor of 30, time spent expelling military veterans or parents would allow more gang members and felons to slip through the cracks of strained budgets. As John Sandweg, former Homeland Security general counsel, said, “If we eliminated all priorities, and treat [all undocumented immigrants] equally, you are going to make the country less safe, and make the border less secure.”
When he announces his executive action, Obama should remind the country that prosecutorial discretion in immigration keeps us safe. Deferred action is a fairly minor step to provide some peace of mind to those that our immigration system already doesn’t care about deporting, making it easier for them to live freely and work productively. If conservatives still object, it will be clear that they remain far from being fit to step in and lead as moral and protective stewards for our country.
By: Joel Dodge, Member of the Boston University School of Law’s Class of 2014; The Week, August 12, 2014
“All Too Convenient”: Claiming “Obama Is Caesar” Is Sexier Than Saying “Steve King Is Right”
Ross Douthat premised his Sunday New York Times column on the assumption that President Obama’s expected plan to extend deportation protections to millions of undocumented immigrants would be an illegal exercise of executive power. An act of “Caesarism.” This seemed all too convenient, I responded, since the details of the plan don’t even exist and won’t for several weeks.
Douthat has now explained his assumption more fully.
It’s an article of faith among most conservatives that Obama’s existing deferred action program for so-called Dreamers (DACA) is itself illegal. Douthat was silent about DACA in his column, but followed up Monday by noting that he, too, believes DACA 1.0 was a (presumably unlawful) “abuse of power.” Which means his original argument wasn’t fallacious. It was just mistaken. Or probably mistaken, anyhow.
I’ll concede to Douthat that if we assume President Obama’s existing deferred action program is illegal, then expanding it by an order of magnitude would be illegal, too—and worse in the same way that murdering 10 people is worse than murdering just one person. But we shouldn’t assume that.
Douthat bases his conclusion that DACA is illegal on a simplistic reductio argument: If Obama can announce non-enforcement of immigration laws for a subset of unauthorized immigrants and grant them work permits, then “President Rand Paul [could announce] that, because Congress won’t reform sentencing as he desires, he’s issuing permits to domestic cocaine and heroin dealers exempting them from drug laws and ordering the DEA to only arrest non-citizen smugglers and release any American involved in cartel operations.” That would be absurd and obviously lawless—ergo DACA must be lawless, too. This is presented as a companion to a similar argument, originally put forth by Reihan Salam on the National Review‘s website. But Salam has since deleted that piece. In its place, Salam wrote this post, in which he appears, upon more rigorous inspection, to reluctantly concede DACA’s legality. Or at least to play footsie with the idea that DACA is legal.
“The American constitutional order doesn’t rest solely on statutes, or on judicial efforts to restrain the executive branch,” Salam concludes. “It also rests on norms. And the president’s apparent willingness to violate these norms is setting a dangerous precedent.”
You might think DACA is reckless. But that’s a normative judgment, which tells us nothing about its legality.
So let’s flip the assumption. If DACA combines a lawful exercise of prosecutorial discretion with a lawful provision of work permits—and Greg Sargent’s expert sources make a very strong case that it does—then the question for Douthat is, where along the continuum between a million-or-so potential DACA beneficiaries and the (perhaps) five million beneficiaries of an expanded program would it transform into the “lawless” abomination he decried in his column?
The obvious answer to that question is: We can’t say until we see the details. All we know is that Obama is contemplating a program that’s different in degree, not necessarily in kind, from DACA. Which is why my original response to Douthat’s column posited that he had assumed too much. I still contend that he did.
He hasn’t really grappled with that argument, beyond pointing out that it would be absurd to grant drug-use or tax-evasion permits to people. Instead, he focuses on my suggestion that his substantive opposition to deferred action—rather than legal or procedural concerns—is what’s driving his conclusions about its lawlessness.
He’s right that this isn’t much of an argument. But it wasn’t really part of my core argument at all. It was just a sidecar—an inference based on the fact that Douthat made sweeping conclusions about a policy that hasn’t been announced yet, and which might well be legal. If it is legal, then Douthat must retreat to his procedural objection—that, legal or not, protecting up to half the undocumented population from deportation would constitute a dangerous erosion of norms. But if upholding norms is his concern, then he can’t just tiptoe away from the collapsed norms that created the foundation for broad deportation relief. Congress could address the over-reach problem either by passing immigration reform, or by explicitly forbidding programs like DACA. To the dismay of Democrats, Congress won’t do the former. To the dismay of Representative Steve King and other House Republicans, Congress won’t do the latter, either. But that just means Congress is leaving the matter in the president’s hands. Clearly Douthat would prefer it if Congress tied those hands. But a column urging the Senate to pass Steve King’s plan to end DACA wouldn’t have been as tantalizing as one warning that the specter of Caesarism is haunting America.
By: Brian Beutler, The New Republic, August 6, 2014
“Dumb And Dumber”: House Republicans Vote To Deport As Many Kids As Possible
Dumb and dumber. That’s the best way to describe two bills passed by House Republicans on Friday night. They passed a supplemental funding bill allocating about $700 million for the crisis on the border. It includes changes to current law that will make it easier to send child migrants back to Central America. They also voted to wind down the Obama administration’s Deferred Action program for young immigrants. So forget about comprehensive reform: House Republicans have settled on the “Let’s deport as many kids as possible” approach.
These two bills do not represent a coherent response to our border crisis. They reflect House Speaker John Boehner’s failed leadership as well as the triumph of immigration extremists. While these bills will have zero policy impact, the GOP will likely feel their political impact for years to come — and not in a good way.
To understand why these bills passed, let’s back up for a moment. Recall that Speaker Boehner originally wanted to vote on a border crisis bill on Thursday. But he couldn’t round up enough votes, and the bill was pulled. This was a major embarrassment for the Speaker. Amazingly, Boehner then suggested that President Obama should take executive action on immigration. “There are numerous steps the president can and should be taking right now, without the need for congressional action,” he said in a statement, “to secure our borders and ensure these children are returned swiftly and safely to their countries.”
Huh? Right now the House is suing the president for taking executive action. For the Speaker to suggest that President Obama act on his own on immigration is inconsistent and hypocritical (Does that mean he will support the president’s expected executive action on immigration?).
As it turned out, in order to get the votes for a border bill Boehner allowed a vote on a bill that would end the Deferred Action for Child Arrivals (DACA) program. Introduced by the Obama administration in 2012, DACA grants relief from deportation to undocumented immigrants brought illegally to the U.S. as children. About half a million of these young people, also known as Dreamers, have so far qualified for its protection.
In case you’re wondering, DACA has nothing to do with the crisis on the border. Although some Republicans have surmised that it caused the ongoing influx of child migrants, there is no evidence to support this claim.
Now Boehner can say that House Republicans did something on immigration before they left for the August recess. Yet this is a hollow victory, because these bills are going nowhere. The Senate would never approve them and even if they did, the president has pledged to veto them.
The anti-DACA vote, however, will have real consequences for the Republican Party. Consider that recent polling from Latino Decisions showed that 75 percent of Latino voters said that any move to dismantle DACA would make them less favorably inclined towards the GOP. Ana Navarro, a Republican strategist, tweeted that the anti-DACA vote “antagonizes Latinos, energizes Democratic base, and emboldens the GOP ‘No’ caucus.” She is right — and the GOP will be paying the price for years to come. Two hundred sixteen House members, many of whom harbor national ambitions, are now on record as opposing a policy supported by overwhelming majorities of Latino voters.
Obviously, a majority of House Republicans supported these measures — or they wouldn’t have passed. “The changes brought into this (the border bills) are ones I’ve developed and advocated for over the past two years. It’s like I ordered it off the menu,” Rep. Steve King (R- Iowa) told CQ Roll Call. The fact that the GOP position on immigration is now in sync with King, a man who once compared Dreamers to drug mules, should be alarming to Republicans concerned about their long-term viability as a national party. As disappointing as President Obama has been on immigration, these mean-spirited votes make it clearer than ever which party values Hispanic voters.
Friday’s House votes were a sad spectacle. On immigration, the GOP has taken another hard lurch to the right, and Latino voters will not soon forget it.
By: Raul A. Reyes, The Huffington Post Blog, August 4, 2014
“Why The Border Crisis Is A Myth”: Another Justification To Play To Anti-Immigrant Voters In The Fall Elections
To hear the national news media tell the story, you would think my city, El Paso, and others along the Texas-Mexico border were being overrun by children — tens of thousands of them, some with their mothers, arriving from Central America in recent months, exploiting an immigration loophole to avoid deportation and putting a fatal strain on border state resources.
There’s no denying the impact of this latest immigration wave or the need for more resources. But there’s no crisis. Local communities like mine have done an amazing job of assisting these migrants.
Rather, the myth of a “crisis” is being used by politicians to justify ever-tighter restrictions on immigration, play to anti-immigrant voters in the fall elections and ignore the reasons so many children are coming here in the first place.
In the last month, about 2,500 refugees have been brought to El Paso after crossing the border elsewhere. The community quickly came together to support the women and children and Annunciation House, the organization coordinating the effort.
Contrary to the heated pronouncements, this is nothing we haven’t seen before. Groups of refugees arrive by plane and are processed by Immigration and Customs Enforcement. When they are released, Annunciation House takes them to a shelter where they get a shower, a place to sleep, meals and even health care — all provided by volunteers and private donations.
The families of the refugees also help, often paying for travel costs and taking them into their homes. The refugees then move on, to Florida, Georgia, New York or elsewhere.
While the numbers of refugees arriving in El Paso are a fraction of the number arriving in McAllen, in southern Texas, the chain of events is generally the same. Like El Paso, South Texas is not the permanent destination for these refugees. And the response from McAllen’s citizens has been generous, too.
The same can’t be said of our politicians. What we are hearing from Austin and Washington is an almost Pavlovian response to immigration concerns. My governor, Rick Perry, a Republican, announced this week that he was sending 1,000 National Guard soldiers, at a cost of $12 million a month, to bolster the border.
And despite President Obama’s efforts to work with Central American leaders to address the root causes of the migration, his recently announced request for $3.7 billion, supposedly to deal with these new migrants, contains yet more border security measures: Almost $40 million would go to drone surveillance, and nearly 30 percent of it is for transportation and detention.
In Texas, state legislators and the Department of Public Safety are planning to spend an additional $30 million over six months to create a “surge” of state law enforcement resources, an expenditure that some in our state’s Capitol would like to see made permanent.
The costs are significant. Every day we detain an undocumented child immigrant, it costs Immigration and Customs Enforcement — i.e., the taxpayer — $259 per person, significantly more than we spend to educate a child in a middle-class school district.
The irony is that this cash-intensive strategy comes from leaders who consistently underfund health care, transportation and education. And they ignore the crucial fact that children crossing our borders aren’t trying to sneak around law enforcement: They are running to law enforcement.
What is most alarming, however, is the attempt to erode rights and protections created by intelligent, humane legislation.
The debate is centered on the Trafficking Victims Protection Reauthorization Act, a law signed by President George W. Bush to provide legal and humanitarian protections to unaccompanied migrant children from countries other than Mexico or Canada. The act passed with bipartisan support, yet the “crisis” is now being cited by some of the same legislators who supported the law as a reason to repeal or change it.
This effort to take away rights that were granted when there was significantly less anti-immigrant fervor isn’t just shortsighted and expensive, it’s un-American. We can debate the wisdom of providing greater protection to Central American children than to Mexican children, but there can be no doubt that giving safe haven to a child facing violence in a country that cannot protect its most vulnerable citizens is what a civilized country, with the resources we possess, should do.
Our border communities understand this. I hope the rest of the country, including our leaders in Austin and Washington, can follow our lead.
By: Veronica Escobar, Op-Ed Contributor, The New York Times, July 25, 2014
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