A Conservative and Compassionate Approach to Immigration Reform: Perspectives from a Former US Attorney General

Chapter Two Strategy for Success Introduction During the 2012 presidential campaign, President Barack Obama and former Massachusetts Governor Mitt Romney understandably focused their campaigns on issues related to the economy and jobs—issues most important to American voters. Relatively little was said about immigration reform. Although President Obama failed to deliver on his promise to push for immigration reform during his first term, Hispanics overwhelmingly voted for him in 2012 by a 71–27 percent margin.1 Some political experts believe the level of Hispanic support was the difference in the outcome in certain key electoral states.2 Governor Romney took a very conservative position on immigration policy during the Republican state primaries . For example, he advocated self-deportation, and he expressed support for Arizona Senate Bill 1070 (discussed later). In contrast, during the closing days of the campaign, President Obama told the Iowa media that he would deliver immigration reform early in a second term.3 Given Governor Romney’s moderate record as governor of Massachusetts , his immigration stance may have been motivated by politics, and while his position on immigration during the Republican primaries positioned him to win the nomination, unfortunately it hurt him among some Hispanic voters in the general election. Following Governor Romney’s poor showing among Hispanics, some Republicans who opposed immigration reform now appear willing to approach the issue from a more practical perspective. Although they may be motivated by political survival , the important fact is that the stage appears as receptive as it has ever been for some type of legislative action. We turn first, however, to a brief recap of recent legislative failures. Strategy for Success 11 Previous Legislative Efforts The last major comprehensive legislative change in immigration law occurred in the 1980s.4 Since that time the size of the unauthorized immigration5 population has swelled, fueling claims by some that undocumented immigrants6 are taking jobs away from citizens and costing state and local governments millions of dollars in the form of services and benefits. Initially, immigration reform ranked high on the agenda of President George W. Bush. President Bush, owing primarily to his popularity with the Latino electorate and a good working relationship with Mexican president Vicente Fox, appeared poised and equipped to initiate reform. Both favored a combination of tougher border controls and conditional legalization (not necessarily citizenship) of undocumented immigrants residing on American soil. Unfortunately, momentum for broad immigration reform stalled after 9/11.7 In the atmosphere of national angst and political turmoil, immigration reform was recast as primarily an issue of national security. Comprehensive immigration reform was placed on the shelf due to the demand to secure the borders, and as a result, no significant immigration bills emerged from Congress for some time after 9/11. Several years passed before immigration reform again received serious attention; however, this time instead of liberalization of our policies, steps were taken to deny access to the border, remove undocumented immigrants , and restrict foreign nationals’ access to the United States.8 For example , in 2005 Congress passed the REAL ID Act, which tightened immigration enforcement and imposed federal requirements on the states. Reestablishing momentum in favor of durable immigration reform requires a return to rational discourse and an acknowledgment that reform is consistent with protecting our national security. In 2006 President Bush directed an effort in the White House to pass immigration legislation. The president recognized the need, in a post-9/11 world with a sluggish economy, for legislation producing a policy that would meet our national security needs and bolster our economy. President Bush wanted to achieve a comprehensive solution, and he worked for months to get legislation passed. In the end, however, he was unable to pass a bill, in large part because of opposition from members of his own [144.217.215.90] Project MUSE (2024-06-03 15:43 GMT) Conservative and Compassionate Approach to Immigration Reform 12 party. Republicans, fearful of another amnesty program similar to the one passed under President Reagan, insisted on a staggered approach. Many Republicans were unwilling to consider (1) reform unless the border was secure and (2) legalization for the millions already here unless they returned first to their home countries. After this failed effort, separate bills were introduced to address different aspects of immigration policy. The most notable was a revised version of the DREAM Act,9 which focused on extending lawful status to qualified immigrant children brought unlawfully to the United States by their parents . Republicans, fearing this...