CQ WEEKLY
– IN FOCUS
Oct. 4, 2008 – 4:00 p.m.
Issues: Immigration: The Jobs Factor
By Karoun Demirjian, CQ Staff
Although the candidates are not acknowledging it, Washington’s immigration debate is poised to shift onto new ground. That’s because the campaign-ready mantra that emerged out of the failure of last summer’s failed congressional immigration plan — “secure the borders first” — is giving way to widespread economic anxiety.
The new policy landscape will afford the next president an opportunity to recast the immigration debate in some significant ways — even as he will have to tread carefully in assembling new coalitions in Congress and upgrading the White House’s administrative handling of immigration policies.
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Both John McCain and Barack Obama endorse a broad “comprehensive” approach to overhauling the immigration system, combining an eventual path to citizenship for many of the more than 12 million workers already in the country illegally with revamped measures to monitor future influxes of foreign workers. But regardless of who wins the White House, the next president will have to jump-start the debate on immigration beyond the tentative consensus on border enforcement each candidate now touts on the stump.
In part, that will involve addressing economic tensions already emerging in today’s immigration debate. Even before the September credit meltdown, the immigration enforcement arms of the government were shifting their efforts away from the border per se and toward the “magnets” of illegal immigration — workplaces that hire undocumented workers en masse.
Without a clear path forward on the various measures in the comprehensive plan that Congress voted down last summer, the Department of Homeland Security elected to target the economic demand for immigrant labor within U.S. borders. Hence, the recent run of high-profile raids conducted by the Immigration and Customs Enforcement agency in the slaughterhouse industry of Postville, Iowa, and at a Laurel, Miss., plant making electrical equipment.
Now, however, with the specter of a long-term economic downturn, this improvised workplace-driven consensus on immigration enforcement may not hold. As small-business credit seizes up and unemployment increases, going after businesses providing jobs — no matter how poorly paid, underground or unsafe those jobs may be — is not playing well among most constituencies, apart from hard-line immigration opponents. Indeed, lobbyists and managers in other potentially vulnerable companies — such as high-tech concerns and seasonal industries — are already contending that they need access to specialized non-U.S. workers now more than ever.
Still, if the effort to secure the border first is receding somewhat from the immigration debate, it’s far from clear what package of proposals will take shape next. Many observers suggest that some of the measures that the 110th Congress did approve could come under renewed budgetary scrutiny as their mandates expire — such as the 670-mile stretch of concrete fencing along the U.S.-Mexico border, which was supposed to be completed by the end of 2008, but now is more than $400 million over budget and just barely half-finished.
The next White House will also inherit a badly overburdened immigration court system, which is charged with processing the deportation and amnesty proceedings for the hundreds of workers swept up in the mass raids. Even comparatively noncontroversial measures such as employer verification of citizenship for recently hired workers involves close coordination of databases from such agencies as the Social Security Administration, which has created a good deal of mischief for the DHS officials administering the “E-Verify” program mandated for use among all contractors with the federal government.
And all of these measures will cost money — hundreds of millions of dollars, by the most conservative estimates — at a time when federal revenue will be contracting on a significant scale. That makes it, in turn, all the more incumbent on either McCain or Obama to forge a renewed political consensus behind such a plan.
A Reclamation Project
In one respect, the bleak economic climate could aid the next president in making the case for a comprehensive immigration plan: A slowing economy will reduce demand for immigrant labor and create some attrition in the ranks of the undocumented workforce. Stronger Democratic majorities in both chambers of Congress — which the present election cycle is on pace to deliver — could also reduce open dissension on a comprehensive plan.
The trick will be for the next president to mint these propitious conditions for a comprehensive plan into a sense of legislative urgency. Right now, many congressional supporters of a comprehensive approach are sitting on their hands until a package of overhauls to their liking materializes. The Congressional Hispanic Caucus, for example, has pronounced a de facto moratorium on any piecemeal immigration measure, such as new border crackdowns or visa overhauls, until a comprehensive plan swings back into motion.
Issues: Immigration: The Jobs Factor
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And that leads to the next challenge for the 44th president: building effective coalitions, within Congress and the community of interest groups invested in immigration, that will keep the various elements of a comprehensive plan in play. The consensus in the lobbying world looks easier to achieve, at least on paper. Business groups generally favor a generous open-border approach, primarily to secure temporary visas for workers in high-tech companies and other labor-starved economic sectors. Organized labor, after many decades opposing the unimpeded flow of immigrant labor as a key force in depressing wages, has moved at least in part to support comprehensive overhaul — especially as the service industries, made up of a disproportionately Hispanic workforce, have emerged as the fastest-growing segment of the unionized workforce.
With Congress, however, the next president will face some difficult political challenges. He must find ways to placate the 112-member House Immigration Reform Caucus, which backs enforcement-only plans over any comprehensive measures, while also putting the just-as-uncompromising Hispanic Caucus in a mood receptive to dealmaking. And he’ll have to charm significant factions who’ve been on the fence, such as the fiscally conservative “Blue Dog” Democrats, and members from a growing cohort of states such as Oklahoma, Colorado and Georgia, which have enacted their own immigration crackdowns in the absence of a strong federal initiative.
“This is a national issue that has national electoral implications,” said Marshall Fitz, director of advocacy for the pro-immigration American Immigration Lawyers Association. “So there’s going to need to be a political argument for getting this done that’s centralized.”
Administrative Feints
But one platform immediately open to the next president will be executive branch appointments and administrative rulings. Backers of a comprehensive plan will watch these moves closely for signs of the next White House’s determination to follow through on implementing an eventual new immigration law.
Much of the executive policy making will concern the Department of Homeland Security, which harbors the administration’s two main arms of immigration enforcement — Immigration and Customs Enforcement, together with Customs and Border Protection. DHS officials also oversee U.S. Citizenship and Immigration Services, which processes all citizenship and visa applications.
Lawmakers have been especially skeptical of DHS’s ability to enforce existing immigration law. Customs and Border Protection, for instance, has added nearly 6,000 new Border Patrol agents to its fiscal 2007 workforce of about 12,000. But in August, the agency announced it was temporarily scrapping plans to roll out supportive surveillance technology, known as “virtual” fencing, in the wake of dubious product performance and cost overruns — a move that has given fresh momentum to calls among lawmakers opposed to the agency’s overbudget concrete fence to retire that project as well.
Meanwhile, Citizenship and Immigration has seen its average time for processing citizenship applications grow from six months to 16-18 months this past spring — sparking a new initiative last July to streamline applications, funded by higher processing fees.
With this growing array of administrative challenges ahead, the next president likely will have to make some tough judgment calls. And that’s where political calculations can get tricky, observers say — especially should the next president try to quietly ease off on some enforcement actions.
“It’s not clear how much change Sen. McCain could make within DHS, because certainly he would be in a very politically compromised position, given where his party is on these issues,” said Fitz. “But that’s not to say that Sen. Obama has enough political flexibility to come in and stop the raids, either.”
For their part, enforcement-first advocates worry that their constituencies could be too easily appeased by tough talk and overtures toward crackdowns they see as largely symbolic.
“The stepped-up enforcement of the past year may peel off some enforcement-first voters and congressmen who are willing to be persuaded that the enforcement is now happening, and is adequate, to move ahead with the amnesty,” said Mark Krikorian, executive director of the Center for Immigration Studies, which promotes enforcement-first policies. The Bush White House, he added, “sees this enforcement push as building credibility for the next administration to have an amnesty.”
Issues: Immigration: The Jobs Factor
But backers of a comprehensive plan aren’t banking on any smooth wins, even with a new White House in their corner. The challenge, they say, is for lawmakers to keep the big picture in view amid much economic volatility.
“It’s a very, very tough sell, for the same reason any immigration reform is a tough sell,” said Randel K. Johnson, vice president at the U.S. Chamber of Commerce. “People see those visas, incorrectly, as enabling immigrant workers to compete with American workers. We’d like to see an administration move forward. Congress is always reactive, instead of looking down the pike, and looking at the demographics of our country. When the economy comes back, we’re going to need these workers even more.”







Comments
According to the U.S. Bureau of Labor Statistics there are currently 9.5 million Americans who have lost their jobs and are unemployed plus there are an additional 5.1 million non-working Americans who want to work but cannot find a job. Meanwhile there are about 7 million working Illegal Immigrants per the Pew Center. Anyone who thinks that those who want a job and cannot find one will stand by and say nothing or even think that granting legal status to Illegal Immigrants is a good thing as this article claims is dreaming. The more realistic way to express this is that Politicians will wait until the dark of night, probably in February when everyone is distracted by bad weather, to pay off their corporate contributors by giving amnesty and sabotaging more enforcement, then hoping that the American Worker will forget about being betrayed in the middle of rising unemployment by the time the next election rolls around.
You say that only half of the 670-mile border fence is finished. As reported yesterday in the Sierra Vista Herald, the DHS has built only 126 miles of fence and it is not concrete - it is a single layer of mostly ineffective mesh fencing, As the pilot of the airplane that surveys the border, I can tell you that the DHS has not been telling the truth about the border fence. You can't be faulted for reporting DHS propaganda.
This columnists' concern is with what EMPLOYERS will claim they need (foreign workers, preferably cheaper ones) and not with what the American public needs--jobs. How do you think seeing millions of illegal aliens working while Americans are not is going to square with the general public? How are McCain and Obama going to square that, and the fact that legalized illegal alien workers would also be able to sponsor MORE immigrants and would be eligible for MORE in the way of welfare and social services? In fact, the perspective in this article is precisely that of the Wall Street bail out--look out for the fat cats and big money investors, not the man on the street.
Stop repeating the absurd more than 12 milion illegal aliens number.Stop the deception that every single news source seems to be involved in. There are 30-40 million illegal aliens. John, "Americans are so lazy they wouldn't pick lettuce for fifty dollars and hour", as well as Barack, "open the borders to the world are both disasters who will continue to ruin this nations economy, environment, and society by allowing amnesty and the subsequent chain migration of tens of millions of people. They are both for a North American Union and the elimination of the United States. They are both toxic. Write in Dr. Ron Paul, or some other honest, not connected to crooks politician.
Stop repeating the euphemism "comprehensive" to describe Obama's and McCain's amnesty plans for 12-20 million plus illegal aliens. The American people overwhelmingly rejected amnesty in June 2007, and still reject it for many good reasons. Read the Heritage Foundation's reports to see just how expensive this radical amnesty scheme would have been.
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