Guest Commentary: In Support of the Senate Bill

Guest Commentary by Monty Berns

All those advocates lining up to debate or contest the controversial Border Security and Immigration Reform Act of 2007 better realize what is actually at stake. Firstly and most importantly the lives of 12 million+ undocumented immigrants are in the balance. Increasingly since 9/11 our undocumented immigrants have faced a growing humanitarian crisis that has gone largely unnoticed by most Americans(Concerning this humanitarian crisis please read here. And since both Democrats & Republicans support tougher border and workplace enforcement this crisis will substantially worsen if no new bill is passed. So any negotiations regarding this new ‘grand bargain’ needs to keep this fact front and foremost.

Already since this bill surfaced many from both sides of the political spectrum have lambasted the deal suggesting that the status quo is preferred. Most of the republicans opposing the deal call it amnesty using that ol’ favorite argument that we should not reward lawbreakers (More on the hypocrisy & dishonesty of such an argument here. At stake for this group is the support of their populist base…already Senator Lindsey Graham was booed at a South Carolina GOP convention for defending this immigration bill. This vocal Republican base has been whipped into an indignant rage by dishonest cable news talk shows and right wing radio. Not only will this base play a major role in picking the Republican presidential nominee but they will also play the crucial role in the reelection of any individual Republican senator or governor. It is, in fact, personal electability that plays a major role in many of these restictionist viewpoints. Talk show hosts like Dobbs & O’ Reilly have already warned of a changing ethnic landscape that this bill will create. According to these demagogues this bill actually threatens our American way of life! And if that is not enough it has also been widely suggested that this bill will ensure the demise of the Republican party.

Actually the opposite is true…if those restrictionist Republican politicians sink the bill then the Hispanic vote might be lost for a very long time. Last year Latinos voted overwhelmingly for democrats mainly because of a harsh Republican position on immigration. The Republican leaders who do support comprehensive immigration reform either recognize the human factor of illegal immigration or they realize that the long-term survival of the GOP depends on a sizeable chunk of the Hispanic vote (Someone should tell the anti immigrant contingent of the GOP that a large amount of illegal immigrants have legal family & friends who are eligible voters). It is entirely feasible that the passing of fair comprehensive reform might usher in a new wave of compassionate conservatism with far broader appeal. Hispanic voters would forever remember that it was largely the will of a Republican president that ensured the passage of humane immigrant friendly comprehensive reform. If the situation in Iraq were to improve it would not surprise me to see Jeb Bush elected in 2012 as a compassionate conservative & thanks to a massive Hispanic turnout!

The problem for these moderate Republicans is that they are still obligated to appease the Republican base. Democrats & the pro immigrant lobby must recognize this responsibility together with the fact that the status quo for about 12 million people is unacceptable. The bipartisan coalition that devised this bill is extremely fragile so any major changes might sink the ship. Also don’t forget that next year is an election year so if comprehensive reform is not passed it might be years until another opportunity arises….years of increasing persecution for our undocumented workers who will be forced even further into the shadows. And, even with a continuing crisis in Iraq, it would not be a surprise, considering some extremely polarizing Democratic presidential nominees, that a Republican will win the 2008 elections. The point is that the time is now and democrats must pick their battles wisely.

To argue that a $5000 fine is too much is silly. From the reports I have read it is clear that the vast majority of illegal immigrants would gladly pay $5000 as part of a legalization process. Playing politics with the lives of millions of people is reprehensible. The elimination of some categories of family visas, notably adult siblings, to curtail immigration, should also not be a deal breaker. In my opinion some articles I have read emphasizing the value of extended family is inaccurate. In the 21st century the vast majority of adult brothers & sisters live totally separate lives, most often in different geographic locations. So eliminating such a category to appease Republicans or to legitimately curtail chain migration is understandable. Even the pointless touchback provision should be left intact if passage of a bill is contingent on its inclusion.

More emphasis on a skill based system addresses our need to remain competitive and innovative in this new global economy. This and some other aspects of the bill might need some fine-tuning but as far as I am concerned the only possible deal breaker in this immigration bill is a guest worker program that does not include a path to citizenship for those who choose to seek it. Such a provision would not create a new wave of illegal immigrants as many have argued….remember the bill’s mandatory workplace foolproof verification requirements will guarantee that no illegal immigrant will be allowed to work without the proper documentation (In the same way these new enforcement measures will ensure we do not have a repeat of what followed the ’86 amnesty. Ever since 9-11 it is clear that the U.S. government is serious about immigration enforcement and the American people overwhelmingly support it and this bill provides the structure and tools for its implementation). The reason a path to citizenship for a guest worker program is so important is that epitomizes our American tradition of upward mobility. Anyone who works hard and contributes to the economy should be able to seek citizenship and not be treated as an underclass. It is worth noting that a temporary worker program with a long term path to citizenship might make up for that shift to a more skill based immigration system. And this is the fight that the democrats need to wage… A guest worker program that encourages temporary work is fine as long as that worker has some option of progressing to permanent status and eventual citizenship if that person chooses this route. But make this route to citizenship as long and penal as needed to ensure passage. Concessions of this nature will be the key to comprehensive reform and the key to addressing the growing humanitarian crisis hiding in our shadows.