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“How Obama Boxed In Republicans With His Immigration Order”: Revoking It In 2017 Will Be A Lot More Complicated

If there’s an elected Republican who thinks it wasn’t a bad idea for President Obama to take executive action on immigration, he or she has yet to make that opinion known. Not surprisingly, the 20 or 30 men (and one woman) hoping to get the GOP nomination for president in 2016 have been particularly vocal on the topic. But while thunderous denunciations of the Constitution-shredding socialist dictator in the White House may seem to them today like exactly what the situation demands, before long they’re going to be asked a simple yet dangerous question: If you become president, what are you going to do about it?

Although they haven’t actually answered that question yet, their feelings have been unambiguous. Ted Cruz said Obama has “gotten in the job of counterfeiting immigration papers, because there’s no legal authority to do what he’s doing.” Rand Paul compared the order to the internment of Japanese-Americans during World War II. Rick Perry threatened to sue over it. So did Scott Walker. So did Mike Pence.

Because these guys would all like to be president, we have to place their opposition in a different context from their current jobs as senators and governors. So let’s imagine it’s January 2017. You, Republican candidate, have just been sworn in as president. Two years ago, Barack Obama made this policy change, and as a result, millions of undocumented immigrants registered with the government, submitted to background checks, paid back taxes, and obtained work permits. They’re now working legally and not living in fear of immigration authorities. You have to decide what’s going to happen to them. This is a very different situation than it was back in 2014 when the move was announced. Instead of wondering whether we should give legal status to a group of undocumented immigrants, we’re now wondering whether to take away legal status from a group of people who are documented, even if they’re not actually on a path to citizenship.

And don’t forget, these are pretty sympathetic folks — they’ve been in the United States for at least seven years now (under the order, only those who came before 2010 are eligible), and they were either brought here as children and grew up in America, or are the parents of children who were born in the U.S., or are legal residents. Deporting them would mean breaking up families. Just think how that’s going to play on the evening news—the image of children crying desperately as their parents are carted off by law enforcement on your orders isn’t exactly going to go over well.

That’s what the next president will confront. So what are the possible answers a Republican candidate could give to the question of what they will do about Obama’s order? They might say what a lot of Republicans fear, which is that however much they opposed the move in the first place, by 2017, undoing it will be impractical and cruel. But saying that would pretty much doom them with the extremely conservative white Republican primary electorate, because it both capitulates on the substance and reflects a stance of less than maximal opposition toward something Barack Obama did.

Alternatively, they could say they’ll immediately reverse the order and start deporting these immigrants. In fact, if they believe as they say that the order is illegal, wouldn’t they have no choice but to revoke it? And immediately? The trouble is that saying so would risk both alienating and mobilizing Latino voters, for whom undocumented people aren’t an abstraction or an invading horde but individual human beings.

If the eventual nominee said explicitly that he’ll revoke Obama’s order, it could remind a lot of people of 2012, when Mitt Romney suggested that given the impracticality of rounding up millions of undocumented immigrants, the way to deal with the problem was “self-deportation” — in other words, making life so miserable for them that they decided to return to the countries from which they fled. Even RNC chairman Reince Priebus later called that comment “horrific” because of the message it sent to Latinos. Pledging to start breaking up families would be even worse.

Since both those answers are extremely unappealing, the GOP candidates might try to retreat to a dodge — something like, “I’ll sit down with congressional leaders to determine a way forward.” Any reporter or debate monitor with a pulse is likely to follow up with, “O.K., but legislation can take time, and there’s little appetite among Republicans in Congress for immigration reform that goes much beyond building fences. So in the meantime, would you leave Obama’s order in place or issue your own order revoking it?” And they’d be right back where they started.

There are times when it’s perfectly reasonable for a candidate to answer a tough question with “It depends,” and this could be one of those times; for instance, how a Republican president would address the issue could depend on how many people actually sign up for this new legal status. But let’s be realistic: Republican primary voters are unlikely to accept that as an answer. They’re going to want a declaration of resolve and commitment, a signal that the candidates feel the same way about undocumented immigrants that they do. And there is bound to be at least one candidate (Ted Cruz, I’m guessing) who will open the bidding with an emphatic pledge to reverse Obama’s order on his first day in office. That will raise the pressure on all the other candidates to follow suit.

If they do, it will send a message of hostility that Latino voters will hear loud and clear, a message the GOP has been trying (unsuccessfully) to avoid for the last couple of years. Barack Obama sure boxed them in on this one, didn’t he?

 

By: Paul Waldman, Contributing Editor, The American Prospect, December 1, 2014

December 3, 2014 Posted by | GOP Presidential Candidates, Immigration Reform, Republicans | , , , , , , | 2 Comments

“From Dysfunction To Malfunction”: Mitch McConnell And The Limits Of Scorched-Earth Obstructionism

As the Senate Republicans’ leader, Mitch McConnell launched an experiment of sorts during the Obama era. It was a strategy without precedent in the American tradition, and it was arguably a historic gamble that wasn’t guaranteed to work. But the Kentucky Republican and his allies did it anyway.

And as the calendar turns from November to December, it’s worth appreciating that last month was arguably the most informative to date when it comes to the results of this experiment – it was a month that crystallized the ways in which the GOP gambit was an extraordinary success and the ways in which it failed in ways McConnell didn’t expect.

McConnell’s master strategy was elegant in its simplicity: after his party was soundly rejected by voters in 2006 and 2008, McConnell came to believe recovery was dependent on unprecedented obstructionism. Republicans, the GOP leader decided, would simply say no to everything – regardless of merit or consequence, even when Democrats agreed with them.

The point, as McConnell has acknowledged many times, was to deny President Obama and his allies the all-important cover of bipartisanship – when an idea enjoys support from both parties, it’s effectively the Good Housekeeping Seal of Approval for the American mainstream. But if Republicans embraced blanket opposition to literally every Democratic proposal, the public would assume Obama was failing to bring the parties together behind a sound, moderate agenda. The gridlock would be crushing, but McConnell assumed the media and much of the electorate would simply blame the White House, even if that didn’t make any factual sense.

It worked. The American legislative progress has turned from dysfunction to malfunction over the last four years, creating a Congress that fails to complete even routine tasks, and those responsible for creating the worst governing conditions since the Civil War were broadly rewarded by voters. Obama went being from the popular, post-partisan leader who would repair the nation’s ills – an FDR for the 21st century – to the president with a meager approval rating who hasn’t signed a major bill into law since 2010.

As the results came in on Election Night, Vox.com made a compelling case that described Mitch McConnell as “the greatest strategist in contemporary politics.”

It’s tough to disagree, right? Republicans intended to destroy the American legislative process, and they did. Republicans set out to exacerbate partisan tensions, and they did. Republicans hoped to make Obama less popular by making it vastly more difficult for him to get anything done, and they did. Republicans hoped to parlay public discontent into electoral victories, and they did. Republicans made a conscious decision to prevent the president from bringing the country together, and they successfully made the national chasm larger.

There’s just one thing McConnell & Co. forgot: a gamble like this can be a strategic success and a substantive failure at the same time.

Consider this report, which ran on Thanksgiving.

President Obama could leave office with the most aggressive, far-reaching environmental legacy of any occupant of the White House. Yet it is very possible that not a single major environmental law will have passed during his two terms in Washington.

Instead, Mr. Obama has turned to the vast reach of the Clean Air Act of 1970, which some legal experts call the most powerful environmental law in the world. Faced with a Congress that has shut down his attempts to push through an environmental agenda, Mr. Obama is using the authority of the act passed at the birth of the environmental movement to issue a series of landmark regulations on air pollution, from soot to smog, to mercury and planet-warming carbon dioxide.

It seems counterintuitive, but President Obama simply doesn’t need Congress to advance one of the most sweeping and ambitious environmental agendas in generations.

With this in mind, McConnell’s strategy worked exactly as intended, producing the precise results Republicans were counting on, but the plan failed to appreciate what an ambitious president can still do with the powers of the presidency.

It’s not just the environment, of course. McConnell’s plan was also intended to destroy immigration reform, which was effective right up until Obama identified a legal way around Congress, helping millions of families in the process. Jon Chait added:

The GOP has withheld cooperation from every major element of President Obama’s agenda, beginning with the stimulus, through health-care reform, financial regulation, the environment, long-term debt reduction, and so on. That stance has worked extremely well as a political strategy. […]

The formula only fails to work if the president happens to have an easy and legal way to act on the issue in question without Congress. Obama can’t do that on infrastructure, or the grand bargain, and he couldn’t do it on health care. But he could do it on immigration.

And the environment. And in addressing the Ebola threat. And in targeting ISIS.

The irony is, had McConnell pursued a different approach, he could have advanced more conservative policy goals. If Republicans had worked with Democrats on health care, the Affordable Care Act would have included provisions with the right. If McConnell were willing to deal on immigration, Obama would have endorsed a more conservative approach than the executive actions announced two weeks ago. If the GOP made an effort to work with the White House on energy, Obama’s environmental vision would almost certainly have more modest goals.

Republicans might have been better off – which is to say, they would have ended up with a more conservative outcome – if they’d actually compromised and taken governing seriously in some key areas.

But McConnell thought it’d be easier to win through scorched-earth obstructionism.

Again, as of next month, he’ll be the Senate Majority Leader, so maybe he doesn’t care about the substantive setbacks. But for all the GOP gains at the ballot box, it’s Obama, not Republicans, moving a policy agenda forward.

 

By: Steve Benen, The Maddow Blog, December 1, 2014

December 2, 2014 Posted by | Midterm Elections, Mitch Mc Connell, Republicans | , , , , , , , , | Leave a comment

“Is Obama Bold Enough For You Now?”: Conservatives Derided Him For Timidity, Appalled At What A Tyrant They Now Think He’s Being

Remember when the problem everyone had with Barack Obama was how passive he was? In late October, Charles Krauthammer lamented Obama’s “observer presidency with its bewildered-bystander pose.” Dana Milbank agreed that “The real problem with Obama is not overreach but his tendency to be hands-off.” Milbank quoted Mitt Romney approvingly for his criticism of Obama for not being sufficiently “focused” on the Ebola threat (I guess a more focused president would have managed to avert the thousands of American Ebola deaths—oh wait). Anonymous Hillary Clinton aides tell reporters that unlike the “passive” Obama, their boss is going to be “aggressive” and “decisive” when it comes to foreign crises. Leon Panetta writes a memoir criticizing Obama for being passive, but the specific criticisms look a lot like, “I told the President to do something, and he didn’t follow my advice!”

This isn’t a new complaint. For years, pundits who are supposed to have some sense of how politics actually works have looked at the institutional and political limits surrounding policymaking and whined, “Why won’t Obama lead?” as though he could do things like make Republicans agree with him if only he were to exert his will more manfully. A close cousin of this inane belief is the idea that Obama could solve some complicated problem by giving a really good speech about it, an idea that has had disturbing currency among Obama’s liberal critics.

Perhaps some of this comes from the contrast between Obama and his predecessor, who called himself “the decider,” so decisive was he. During his time in office, reporters and headline writers were forever referring to George W. Bush’s proposals and actions as “bold,” almost regardless of what they entailed. And some of them actually were. Invading Iraq? Now that was bold. Had Obama decided to invade Syria, that would have been bold, too. But we probably wouldn’t be too pleased with the results.

Even when Obama has done bold things, he’s seldom described that way. Perhaps it’s because of his generally calm countenance; I’m really not sure. But his career has been characterized by periods of patience interrupted by calculated risks taken when the timing seemed right. So maybe it’s because many of the “bold” things Obama has done, like running for president after only a couple of years in the Senate or proposing ambitious health care reform, actually worked out. In retrospect, everyone thinks an electoral or legislative success was pre-ordained, and the sage observer saw it coming all along. Perhaps if Obama crashed and burned in dramatic ways more often, he’d get more credit for boldness.

But now, with two years remaining in his presidency and faced with a Congress unified under Republican control, Obama doesn’t look so passive. He’s using executive authority to grant legal status to millions of undocumented immigrants, he’s making agreements with China on carbon reductions, he’s issuing regulations on ozone. Of course, the same conservatives who derided him for timidity are appalled at what a tyrant they now think he’s being. Could it be that nobody really cares whether he’s being too bold or too passive, and those complaints are just a cover for their substantive disagreements with whatever he’s doing (or not doing) at a particular moment?

If there’s an area where you think Obama hasn’t done what he should have, go ahead and make that criticism. You might be right. There may be issues on which he’s allowed the status quo to continue when you think more aggressive moves were called for, and you could be right about that too. But presidents constantly make choices to pursue some paths and not others, to allow some policies to remain in place while trying to change others, to start some political fights that they think look winnable while avoiding others that don’t. If you think some issue ought to be higher on his agenda, the fact that it isn’t is probably just because he doesn’t agree with you on that particular point, not because of some broader orientation toward passivity that is holding him back.

And if you’re pleased that he’s moving on immigration and climate change, is it because you think the things he’s doing are worthwhile, or because you just favor boldness in the abstract? I’ll bet it’s the former.

 

By: Paul Waldman, Contributing Editor, The American Prospect, December 1, 2014

December 2, 2014 Posted by | Conservatives, Politics, President Obama | , , , , , , , , | Leave a comment

“Busting Another Myth About Immigration Reform”: Conservative “Reality” Just Happens To Be An Ideological Constructed Fallacy

Conservatives like to complain that immigrants not only take jobs citizens would otherwise do (mostly untrue), but also constitute a drain on social services. It’s not only an inhumane argument but also impractical: if you need people to perform difficult and dangerous jobs, do you really want them not to be able to get medical treatment or for their kids to go uneducated?

But these arguments aren’t just impractical and immoral. They’re also wrong. As it turns out, undocumented immigrants are a net positive to the social security system:

Here’s how the math works. Five percent of the U.S. work force is undocumented, which is some 8.1 million people. Thirty-eight percent of the 8.1 million pay social security taxes, which comes to roughly $12 billion a year, according to CAP estimates. That’s a pretty nice cushion for a graying America.

Stephen Goss, chief actuary for the Social Security Administration, told the Daily Beast, “Even as it stands under current policy, unauthorized immigrants contribute positively to the financing of social security not only in terms of their own contributions, but in the succeeding generations when they have children on our soil that are citizens from day one.”

Bringing them out of the shadows will let them actually collect on the money they have paid into the system, but it would still be a net positive:

Obama’s executive order would allow newly legalized workers to eventually collect benefits when they reach retirement age. But that’s a long way off for many of them, and any potential loss would be more than offset by the millions of young workers who will be brought into the system to pay taxes for three or four decades before they can collect benefits.

Conservative arguments present reasonable people with a quandary: do you attack their arguments for their heartless immorality? Or their functional impracticality? Or their ill-informed simple wrongness? Whether it’s socialized medicine, immigration policy, climate change, social issues, tax policy, foreign policy or so much else, conservatives are constantly pursuing policies that fail basic moral tests, are largely unworkable, and that are proven wrong by actual evidence at every turn. And yet (or perhaps as a consequence) conservatism veers ever further rightward.

It’s not just a political disagreement. We’re living in different realities at this point. Conservative “reality” just happens to be an ideological constructed fallacy.

 

By: David Atkins, Political Animal, The Washington Monthly, November 29, 2014

December 1, 2014 Posted by | Conservatives, Immigration Reform, Social Security | , , , , , | Leave a comment

“And Has The Legal Authority”: Poll; Americans Broadly Back Obama’s Immigration Executive Action

Americans are very open to President Barack Obama’s newly announced executive action to shield millions of undocumented immigrants from deportation, according to a Hart Research Associates survey released Friday.

The poll, which was conducted on behalf of the liberal 501(c)(4) “dark money” group Americans United for Change, described the president’s policy as follows:

The action would direct immigration enforcement officials to focus on threats to national security and public safety, and not on deporting otherwise law-abiding immigrants. Immigrants who are parents of children who are legal US residents could qualify to stay and work temporarily in the United States, without being deported, if they have lived in the United States for at least five years, pay taxes, and pass a criminal background check.

After hearing that description, voters overwhelmingly backed President Obama’s move: 67 percent viewed it favorably, while just 28 percent viewed it unfavorably. The support was fairly bipartisan, with 91 percent of Democrats, 67 percent of Independents, and 41 percent of Republicans viewing the executive action favorably. Among Tea Party Republicans, however, 64 percent opposed the policy while just 30 percent viewed it favorably.

The results underscore the importance of President Obama’s sales job with regard to his executive action. Previous polls have found that voters abstractly disapprove of the president circumventing Congress to deal with immigration. A USA Today poll released Monday, asking “Should President Obama take executive action this year to deal with illegal immigration or should he wait until January for the new Republican Congress to pass legislation on this issue,” found that 42 percent wanted the president to act now, while 46 percent preferred that he wait. Similarly, an NBC News/Wall Street Journal poll released Wednesday found that 48 percent disapproved of President Obama taking executive action while 38 percent approved, without being told any of the details of the president’s plan.

But, as Hart Research found, voters strongly support the specifics of President Obama’s executive action. They favor allowing the parents of children living legally in the United States to stay in the country by a 40 percent margin, expanding the Deferred Action for Childhood Arrivals (DACA) program by 36 percent, providing temporary work permits to qualifying immigrants by 55 percent, and shifting more security resources to the U.S.-Mexico border by 63 percent.

Democrats already seem to be winning one important aspect of the messaging fight; the poll found that — despite outspoken Republican outrage — voters agree, 51 to 41 percent, that President Obama has the legal authority to change the nation’s immigration enforcement policies.

The Hart Research Associates poll surveyed 800 likely 2016 voters from November 19 to 20, 2014, and has a +/- 3.5 percent margin of error.

 

By: Henry Decker, The National Memo, November 21, 2014

November 30, 2014 Posted by | Conservatives, Immigration Reform, Nativism | , , , , , | Leave a comment