Immigration

The ICE man: Obama’s backdoor Arizona-style program

Just like Arizona, the president is leaning on local cops to round up illegal immigrants

An Immigration and Customs Enforcement agent examines evidence in an immigration fraud case.(Credit: Associated Press)

Last week, the Obama administration filed suit against Arizona’s controversial immigration law, which instructs law enforcement to question residents if there is a “reasonable suspicion” that a person is “unlawfully present in the United States.”

This is the response you might expect from a president whose political base believes the new law essentially legalizes racial profiling. But there’s a twist: Under Obama, immigration enforcement has actually been characterized by the very same heightened collaboration between local police and federal immigration authorities that many find so troubling in Arizona, and it’s prompting objections from city leaders across the country.

At issue is the Immigration and Customs Enforcement’s (ICE) Secure Communities program, a federal-local partnership in which the fingerprints of suspects booked into local police stations are checked with immigration agents, who then move to deport any detainee suspected of being in the country illegally. Secure Communities was launched by George W. Bush’s administration, but under Obama it has undergone a dramatic expansion.

From Washington, D.C., to San Francisco, city officials are questioning the wisdom of the program, arguing that it undermines trust for the police in immigrant communities and unfairly targets immigrants who have merely been charged with (and not convicted of) petty crimes.

“In D.C. we have had a long-standing tradition of separation between what our police force does and what immigration agents do,” says Jim Graham, a councilman in the nation’s capital who opposes Secure Communities. “We can’t have police behave like immigration officers. Our police have their hands full with local crime.”

The pushback comes after advocates lobbied against Secure Communities in city halls around the country, and as politicians move to stake out positions on immigration ahead of November’s midterm elections. Currently implemented in 437 jurisdictions in 24 states, ICE plans to have Secure Communities in place nationwide by 2013. But it is unclear how — and whether — localities that oppose the program can opt out.

“It’s very clear they’re voluntary agreements that states are signing on to,” says Bridget Kessler, clinical teaching fellow at the Benjamin N. Cardozo School of Law’s Immigration Justice Clinic. Cardozo has joined the Center for Constitutional Rights and the National Day Laborer Organizing Network in filing a lawsuit to compel ICE to respond to a Freedom of Information Act request about the program. “Once it gets to the level of locality, after the state has signed on, it gets a lot more complicated because no agreements are negotiated at that level.”

ICE’s deputy press secretary, Richard Rocha, counters that nothing complicated is afoot, and that Secure Communities is a matter for cities to settle with state government. But ICE is on the record saying otherwise.

“That’s a complete lie,” says San Francisco sheriff Michael Hennessey, who has joined a majority of the city’s supervisors — but not Mayor Gavin Newsom — in opposing Secure Communities. “I spoke with the deputy director of Secure Communities personally, and he said, ‘No, there is no opt out.’”

In an earlier interview, ICE spokesperson Mark Medvesky asserted that cities could not opt out of Secure Communities. But Medvesky was quoted in an Aug. 21, 2009, Philadelphia Inquirer article saying that Philadelphia could opt out, “but I can’t imagine why they would want to. It’s not a mandate. It’s considered a tool for law enforcement agencies to use.” Responding to the seeming contradiction, Rocha wrote that localities can choose between “full participation,” “delayed activation” and “limited participation.” The purpose of the latter option, under which localities choose not to receive information back from ICE, is unclear.

In May, Washington became the first city to move against Secure Communities, introducing legislation with unanimous City Council support. But D.C. may prove to be an anomaly since it is not a part of a state and thus negotiates directly with ICE. Congress, which oversees the District, is unlikely to overturn the decision since Democrats tend to be more respectful of the city’s home rule.

In San Francisco, Sheriff Hennessey says he cannot withdraw from the program. Since city fingerprints sent to the state police and FBI are now transferred to ICE, there is no way to keep local data from being shared.

“They’re saying I can choose not to receive the info from ICE. That would be opting out in their opinion,” says Hennessey. “I could not fingerprint minor offenders, but that’s not wise from a law enforcement perspective.”

Hennessey and ICE even disagree as to whether local police are required to honor requests to hold a suspected undocumented immigrant, known as a detainer.

And there are other ambiguities. In Philadelphia, Mayor Michael Nutter is considering not renewing a related program that allows ICE direct access to the police computer database, the Preliminary Arraignment Reporting System, or PARS. It is unclear how many other cities have given ICE direct, real-time access to police records, and whether the agency is attempting to gain access to such databases nationwide.

“I don’t know that there’s a system like PARS in other jurisdictions,” says Rocha. “I don’t think it’s accurate to say that we go out soliciting the stuff, although we obviously encourage participating and the sharing of information from law enforcement agencies.”

Yet it was ICE that requested access to the database, suggesting that such relationships may exist in jurisdictions around the country. ICE has a long track record of fostering a climate of ambiguity around enforcement programs.

In March 2010, the ICE inspector general released a report critical of the 287(g) program, which allows certain police to directly enforce immigration laws. It found “ICE statements about the 287(g) program that did not reflect actual program activities,” and that “ICE provided misleading information [about the scope of enforcement measures] to the public in a September 2007 Fact Sheet.” The report also found that “ICE had not established a comprehensive process for assessing, modifying, and terminating current agreements.”

But older programs like 287(g) and the Criminal Alien Program, which deploys agents into local jails, are agreed to directly with local law enforcement agencies, so local police could more straightforwardly opt out. Secure Communities agreements are agreed to at the state level, leaving localities out of the decision-making process. D.C. councilman Graham says that police chief Cathy Lanier signed without ever consulting the council. He only learned of the program’s existence after being approached by advocates. 

Targeting the most dangerous criminal aliens?

“Fighting crime without the help of one’s community,” according to an Op-Ed by Salt Lake City police chief Chris Burbank and other law enforcement experts, “is like trying to disarm a hidden mine by stomping on the ground. By the time you have found the problem, it is already too late.”

The perception that police are enforcing immigration laws can lead to widespread fear in immigrant communities. A victim of domestic violence, for example, might think twice about calling the police on an abusive husband if it could lead to his being deported. Longtime Manhattan District Attorney Robert Morgenthau spoke out against Secure Communities in a Wall Street Journal Op-Ed.

“When immigrants perceive the local police force as merely an arm of the federal immigration authority,” he wrote, “they become reluctant to report criminal activity for fear of being turned over to federal officials,” a big problem in a city that is over one-third immigrant.

To be sure, some local agencies, including the Harris County Sheriff’s Department, embrace the program. A spokesperson for the department, which oversees Houston jails, recognized “concerns that such programs might suppress immigrant-community cooperation with law enforcement.” But he wrote that they “have seen no evidence of suppression” and that “the sheriff has made it clear his deputies should not interrogate victims, suspects, witnesses or anyone outside the jail about their immigration status.”

For its part, ICE has apparently failed to research the potential effects on local law enforcement operations. Rocha tells Salon that they don’t “know specifically if there was a study done to determine what sort of effects this would have on local LEA.”

But there is a clear potential for abuse. While Secure Communities doesn’t directly authorize police to enforce immigration laws, an officer who wishes to may do so by engaging in “pre-textual” arrests. Police can arrest a suspected undocumented immigrant for any sort of charge — even an invented one — with the intent of enforcing immigration laws. Once ICE has the fingerprints, it doesn’t matter whether the charge is ever held up in court — an immigrant found not guilty of the crime for which he or she was arrested can still be deported. It remains unclear what, if any, oversight mechanisms are in place that would discourage this.

“There’s a requirement in the standard operating procedure and all of the memorandums of agreement that says no local law enforcement should violate the Constitution,” says Sunita Patel, a lawyer at the Center for Constitutional Rights. “But are they asking any questions of local law enforcement about who they’re picking up, and why they’re being picked up?” 

Once inside the immigration legal system, an immigrant faces an uphill fight: an overworked and inconsistent parallel court system characterized by lack of access to counsel and widespread abuse and denial of medical treatment in ICE-run and private detention centers, including nearly 200 that are secret.

ICE beset by equivocation 

ICE has not been forthcoming, and too few journalists have been asking questions. The handful of major media articles on the subject have referred to Secure Communities as a “little-noticed” program that was “quietly” implemented with a “lower profile.” Activists have launched a nationwide campaign, including the FOIA lawsuit, to secure more information from ICE.

“It’s urgently critical to get the info now,” says CCR’s Patel. “ICE is ramping up its rolling out process, so now is the time the information is critical to the public and to decision-makers.”

ICE is sticking to talking points, and the memorandum of agreement requires states to coordinate all media communications through the agency. In April, an ICE memo outlining media strategy — including the placement of Op-Eds, and interviews with reporters from the New York Times, the AP and other outlets — was leaked to the National Day Laborer Organizing Network. In a section titled “Sound Bites,” the memo offers a window into ICE efforts to reframe the debate away from the deportation of hardworking immigrants to a non-controversial matter of law enforcement and national security.

“Secure Communities is not about immigration,” the memo reads. “It’s about information sharing with local law enforcement agencies so they have all the facts about the people in their jails.”

Rocha acknowledges ICE’s focus on managing information, calling “misinformation about this program” the agency’s “biggest challenge.” It is a challenge that ICE appears to be meeting with success. Under Secure Communities, there are no photographs of  immigrants handcuffed outside of meatpacking plants, an image better suited to the Bush administration’s brand of “compassionate conservatism.” The public pays little attention to what goes on in prisons, so Obama can keep his distance from stories of deportation and family separation while stumping for immigration reform.

“It hides the profiling,” says Patel. “It’s not public like it was in the street models of the 287(g) program, like checkpoints. Now the enforcement is happening behind the walls of a jail, where there’s very little public scrutiny to begin with.”

Obama has pledged to focus on deporting dangerous criminal aliens, ending the massive workplace raids carried out during President Bush’s second term. But Secure Communities nets plenty of people picked up for minor crimes.

The most recent data ICE has made public is from the program’s first year , from October 2008 to November 2009. More than 88 percent of immigrants deported under the program (14,615) were arrested for the least serious offenses (Levels 2 or 3), while just 1,911 allegedly committed the most serious Level 1 crimes.

“They claim that Secure Communities prioritizes,” says Kessler. “The few numbers that they have released from the pilot phase don’t bear this out. The majority that have been deported were accused of low-level crimes.”

An ICE spokesperson provided Salon with more recent data through May 31, indicating an increased focus on immigrants charged with more serious crimes: 8,584 with Level 1 crimes, 17,113 with Level 2, and 5,149 with Level 3.

But the numbers do not speak for themselves. An ICE memo from June 30 puts a renewed emphasis on Level 1 and 2 offenders, whereas the original standard operating procedure only emphasized Level 1. Stranger still, the memo outlines changes to what counts as Level 1, 2 and 3 offenses, expanding the scope of what constitutes a “serious criminal offense.”

This is not the first time that ICE has wandered astray of its stated goals. The ICE inspector general report criticized similar shortcomings in the 287(g) program, finding that “although ICE has developed priorities for alien arrest and detention efforts, it has not established a process to ensure that the emphasis of 287(g) efforts is placed on aliens that fall within the highest priority level.” And an October 2009 Department of Homeland Security report found that the majority of all immigrants detained by ICE continue to have no criminal record.

The legal situation of those immigrants deported under Secure Communities remains unclear. Rocha says that all were deported after being convicted of a crime, something that others vigorously dispute. San Francisco sheriff Hennessey points to Cesar Chavarria, an undocumented immigrant booked at his jail. Chavarria, who had no criminal record, was arrested for driving without a license on June 2. ICE picked him up within 24 hours.

Another woman from Langley Park, Md., now faces deportation after her arrest for selling calling cards from her home without a license. A Philadelphia teen is reportedly facing deportation after he was caught with a kitchen knife he accidentally brought to school. He was arrested under the school district’s zero tolerance policy and then picked up by ICE. Day laborers, who wait in parking lots and on street corners for temporary work, are particularly vulnerable.

“Day laborers are constantly harassed by police and charged with very minor crimes (trespassing, spitting, riding bicycle on sidewalks, etc.) sometimes pre-textually,” Sarah Uribe of the National Day Laborer Organizing Network wrote in an e-mail. “Essentially any charge can lead to a day laborers’ deportation with programs like SCOMM [Secure Communities].”

ICE claims that no formal complaints have been lodged against the program, and immigrant advocates concede they are not aware of any. But it is unclear whether immigrants, who often face deportation without a lawyer, would even be informed that their detention was related to Secure Communities. Despite documented problems with past ICE-police collaborations, the agency rejects the potential for civil rights violations out of hand.

“I think it’s offensive to local law enforcement officers for anyone to assume that they would do that,” says Rocha. “Local law enforcement receive racial profiling training as well. And if there were ever any allegations of racial profiling, or any misuses or any of our technology, we should make sure to address those with local law enforcement agency.”

Anti-immigrant populism is surging. In Utah, a list of supposed “illegal immigrants” living in the state is circulating, apparently based on confidential information leaked by a state worker. It seems that just about everyone now considers him- or herself qualified to enforce immigration laws, but addressing improper enforcement has never been a priority for ICE. Secure Communities turns police into de facto immigration agents, raising questions for communities and law enforcement around the country — the very same concerns prompted by Arizona’s Orwellian new law. As of now, the Obama administration has not been forthcoming with answers.

Daniel Denvir is a staff writer at Philadelphia City Paper and a contributing writer for Salon. You can follow him at Twitter @DanielDenvir.

Dreamers spurn Obama

Young immigrants feel tricked by the White House line on Marco Rubio's revival of the DREAM Act

Supporters of the DREAM Act take part in a demonstration in front of the White House. (Credit: AP/Pablo Martinez Monsivais)

Mohammad Abdollahi has not followed every twist and turn of the national immigration debate.  He has been too busy trying to save a friend from deportation.

Last month, 20-year-old Izlia Luna of Medford, Ore., was stopped by police for a traffic altercation. The judge threw out the charges. But under the mandate of the Obama administration’s Secure Communities program, Luna’s fingerprints had been taken. She was found to be undocumented. Luna was brought to the United States from Mexico when she was 2 years old. Instead of being released she was sent to an ICE detention facility in  Tacoma, Wash., 340 miles from her home.

“This is what immigration reform under Obama has gotten us,” says Abdollahi, who traveled to Tacoma to rally public attention to Luna’s case. “The right to spend up to $5,000 to get a loved one out of jail. When Obama says he isn’t deporting dreamers, he’s lying.”

“Marco Rubio is being a lot more authentic with us,” Abdollahi added.

The positive response of young immigrants  to Rubio’s still-vague alternative to the Democrats’ DREAM Act is central to the changing politics of immigration in the 2012 presidential campaign. In a series of meetings in Washington, Rubio is shopping for support, hoping to put forward a legislative proposal in the next few weeks. The Washington Post endorsed the idea on Monday.

By flirting with Rubio, the DREAM activists — representing an estimated 1 million young Americans, or “dreamers,” who are now barred from a path to U.S. citizenship — have wrong-footed the Obama White House and given pause to reelection campaign officials who had been counting on Latinos to fall in line with the president’s reelection. They have also caught the interest of Republican strategists worried about Romney’s narrowing path for victory in November.

Rubio is expected to propose the creation of a non-immigrant visa that would ensure undocumented young people who don’t have criminal records would not be deported and could eventually become citizens. The original DREAM Act failed to pass  the Senate in 2010.

“We are going to support whoever will come out and talk about the issue,” said Gabby Pacheco, a 26-year-old special education teacher from Miami and DREAM Act activist. “Rubio realizes this is key for us. Even if he is only doing it for political reasons, we’re willing to listen.”

The dreamers are backed by Latino Democrats on Capitol Hill, who feel betrayed by the Obama administration’s boasts of deporting a record annual average of 400,000 people over the last four years. After a friendly if inconclusive meeting with Rubio, Rep. Luis Gutierrez of Illinois told Politico his liberal allies  accused him of being the Florida senator’s new “best friend.”

The Obama White House hates the idea. Last week, presidential advisors Celia Munoz and Valerie Jarrett tried to discourage the dreamers from embracing Rubio’s proposal, saying it put at risk the original DREAM Act, which laid out a specific path to citizenship. According to the Washington Post, they had a meeting with DREAM Act-eligible students in Washington, arguing that “Rubio had not demonstrated he could win support from fellow Republicans and that the president would use his clout to push an immigration plan next year. ”

Pacheco, who attended the meeting, was not impressed with the White House appeal.

“You can’t wait until next year if you’re getting deported this year,” she said.  She described the White House officials as “very strategic” in their opposition to Rubio. She said the dreamers asked Munoz and Jarrett if the president could stop the deportations by taking administrative action that would not need to be approved by Congress, as Florida immigration activist Cheryl Little recently wrote in the Miami Herald.

“The thing that surprised us was they said no,” Pacheco told me. “They said, practically, ‘We don’t have the power to do this.’We’re trying to find out if that is true.”

It isn’t true, says Laura Lichter, an attorney in Denver and president-elect of the American Immigration Lawyer’s Association.

“The Obama administration  could certainly be doing more and better to improve the situation for DREAM Act students and to make immigration law and policy predictable and fair for everybody,” Lichter said in a telephone interview. “Whether they’re willing to do that in any way that might look like reasonable treatment for the undocumented remains to be seen.”

Presumptive Republican nominee Mitt Romney, who has advocated “self-deportation” for the likes of Abdollahi and Luna and the estimated 1 million DREAM Act-eligible students, is noncommittal about Rubio’s idea. Romney’s hard-line immigration advisor, Kansas Secretary of State Kris Kobach, initially rejected the suggestion as “amnesty,” but has more recently said he can “work with” the Florida senator, a nod to the growing realization that running on a platform of “self-deportation” is Romney’s ticket to self-destruction among Latino voters in November.

Whether Rubio’s gambit can sway Republican votes on Capitol Hill is doubtful. House Speaker John Boehner described passage of such a bill this year as “difficult at best.” Helping the undocumented is not a priority for most non-Latino voters, according to Republican pollster Scott Rasmussen.

While elite Republicans like Haley Barbour have said positive things about Rubio’s idea, the conservative blogosphere is notably unenthusiastic. The Weekly Standard touted Rubio’s recent foreign policy speech while ignoring his much-publicized idea of helping young undocumented Americans closer to home. The National Review hyped Rubio as a Romney running mate without taking a stand  on his proposal “to give the children of illegal immigrants a visa to continue their studies.” Talk radio stalwarts like Rush Limbaugh and Hugh Hewitt have yet to mention Rubio’s plan, while Mickey Kaus, the Daily Caller’s anti-immigrant blogger, notes conservative intellectuals can only agree to disagree on the issue.

If the Republicans’ intellectual base seems stumped by Rubio’s gambit, the Democratic incumbent comes off as arrogant. In a recent interview with Telemundo, President Obama said:

This notion that somehow Republicans want to have it both ways — they want to vote against these laws [like Arizona and Alabama] and appeal to anti-immigrant sentiment … and then they come and say, ‘But we really care about these kids and we want to do something about it’ — that looks like hypocrisy to me.

To the dreamers, Obama is just as hypocritical. “A lot of folks want us to be against  it,” Abdollahi said. “At the same time we hear from Obama administration that they’re not deporting dreamers. They’re tricking us. That’s what makes us supportive of Rubio.”

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Jefferson Morley

Jefferson Morley is a staff writer for Salon in Washington and author of the forthcoming book, Snow-Storm in August: Washington City, Francis Scott Key, and the Forgotten Race Riot of 1835 (Nan Talese/Doubleday).

Will Arizona case help Obama?

The Supreme Court's consideration of the state's tough immigration law puts Mitt Romney in a tough place

As the Supreme Court hears oral arguments today on the constitutionality of Arizona’s hard-line immigration law, lawyers will revel in arcane discussions of “preemption” and “severability” and “harmonious regulation.” Others will ponder the ever-elusive question of whether the eight sitting justices (Justice Elena Kagan is recused) will prove to be “strict constructionists” or “judicial activists.”

The rest of us may prefer to cut to the political chase. The justices will, in all likelihood, either generally uphold the constitutionality of Arizona’s law — which expands the powers of state police officers to ask about the immigration status of anyone they stop and to hold those suspected of being in the country illegally — or they will throw out its key provisions as a usurpation of the federal government’s powers. What happens then?

The court’s decision, expected in June, is sure to roil an accelerating presidential campaign where immigration has already proven to be a potent issue — and possibly in unexpected ways. ”In terms of electoral politics, it’s a win-win for Obama,” says Antonio Gonzalez, president of William C. Velasquez Institute, a Latino public policy research organization. If the court throws out the law, Obama can claim vindication that immigration restrictionists have gone too far, Gonzalez says. If the court upholds the Arizona law, he can “condemn the decision and vow to fight other state laws,” a stance that is likely to be popular with Latinos who now make up 25 percent of the electorate and whose support is crucial to the president’s reelection prospects.

While upholding  the law would “give a shot in the arm to the politics of immigrant exclusion,” Gonzalez argues it would also limit Romney’s ability to expand his appeal to Latino voters, something that the candidate seems inclined to do.

During the primary season, Romney effectively blunted challenges from Texas Gov. Rick Perry and former House Speaker Newt Gingrich by portraying them as soft on illegal immigrants, the vast majority of whom are from Mexico and Central America. At the same time, polls showed Obama opening an enormous lead among Latino voters, prompting Romney to confide to supporters that his campaign was “doomed” unless he could win Latino votes. This week the Romney campaign distanced itself slightly from Kansas Secretary of State Kris Kobach, author of the Arizona law and a Romney adviser. At the same time the candidate stumped with Sen. Marco Rubio of Florida who has said the Arizona law is “not a model” for the country.

“He’s trying to get out of the shackles” of his hard-line position, Gonzalez argues. “If law is upheld, it makes it much harder for him to do that.”

If the law is thrown out, “Romney has more of an opening to back up from his primary positions and talk about alternative plans,” says Chuck Rocha, executive director of the Latino Project, a Democratic political action committee. “If its not thrown out, he has to own it.”

Rocha says his PAC will use a decision favorable to Arizona “to appeal to Mexican-American voters who see this law as Republican overreach” in a dozen contested congressional elections from Florida to California.

Meanwhile, immigration restrictionists talk bravely that Romney will benefit among the general electorate, if not with Latinos, if the law is upheld.

“If Romney holds firm, we know there’s a broad activist base across the country that is highly motivated and that doesn’t want to see taxpayers pay for services for people who have no right to be here,” says Dan Stein of Federation for American Immigration Reform (FAIR), which supports the Arizona law.

Stein is right that restrictionist laws are increasingly popular. Five states (Alabama, Georgia, South Carolina, Utah and Indiana) have adopted similar laws, but have been enjoined from enforcing them. FAIR says six other states are actively considering them. But they have also mobilized resistance from business interests. When Rubio served as Speaker of the Florida House, Arizona-style immigration legislation never got out of committee. Even in solidly Republican Texas and Mississippi, restrictionists could not get an Arizona-style blll approved this year.

Chris Newman, general counsel for National Day Laborer Network in Los Angeles, isn’t so sure, however, that the case will help Obama. He think a decision favorable to Arizona would “put Obama in a tough spot.” While the Obama administration has fought the states seeking to establish their own immigration policies, it has also carried out record numbers of deportations, including children.

“He’ll have to make normative arguments why Arizona law is immoral and unjust and he’ll have a hard time doing that because many parts of the law track his own policy. His signature policy has sought to sue local police as a ‘force multiplier’ for immigration enforcement. Arizona policies are a symptom of that force multiplication.”

“The administration,” he says, “has sought to benefit from the misery imposed on immigrants on Arizona.”

The political impact of the court’s decision may be most decisive in two swing states where the immigration issue is most hotly contested: Missouri, where the legislature is considering an Arizona-style bill, and Arizona itself, where the devastating effects of the law on families with undocumented members is driving so many Latinos away from the Republican Party that the Obama campaign now dreams of winning the state in November.

“The issue is not going to go away,” says Stein. “If anything its hotter and more robust than ever.”

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Jefferson Morley

Jefferson Morley is a staff writer for Salon in Washington and author of the forthcoming book, Snow-Storm in August: Washington City, Francis Scott Key, and the Forgotten Race Riot of 1835 (Nan Talese/Doubleday).

Romney’s lame Latino pivot

With Kris Kobach controlling his immigration message, Mitt can't move to the center

How do you say “pivot” in Spanish? Cambiar su postura. No sooner had Mitt Romney sewn up the Republican presidential nomination, than he did just that, offering messages tailored to appeal, not to just Republican primary voters, but to general election voters of Mexican, Central American and Caribbean descent. The Obama campaign shadowed Romney’s moves by launching “Latinos for Obama” yesterday and floating the cocky but not impossible idea that the president might carry Arizona in November with Latino help. After months of being ignored in favor of white conservatives, the Latino voter is now center stage in campaign 2012.

Romney’s desire to maneuver is transparent. When he hired Ed Gillespie, former Bush White House pollster and immigration moderate, the Hill newspaper saw ” a sign the campaign will heavily court Hispanic voters — perhaps at the expense of immigration hard-liners in the party.” Then Romney allowed himself to be overheard telling supporters that “we have to get Hispanic voters to vote for our party” and warning that overwhelming Hispanic support for Obama “spells doom for us.” He also mouthed approving sounds about Marco Rubio’s pitch for a Republican version of the DREAM Act. Republican immigration advocate Tamar Jacoby pronounced herself “thrilled.”

But the perils of the pivot emerged when Romney’s campaign tried to Etch A Sketch away the candidate’s working relationship with Kris Kobach, the Kansas secretary of state and immigration hard-liner. It was Kobach who persuaded Romney to advocate “self-deportation” as the solution to the presence of 11 million undocumented immigrants in the country. When a campaign spokesperson told Politico on Monday that Kobach is not a campaign “advisor” but a “supporter,” Kobach responded by telling Think Progress that his relationship with the campaign has not changed. Then he upped the ante by telling WaPo’s Greg Sargent that Rubio’s idea is an unacceptable variation on amnesty and he expects Romney to reject it.

How long can Kris Kobach maintain de facto control of Romney’s immigration message? With Romney’s Latino poll numbers sinking toward single digits and Gillespie taking a larger role in the campaign, it may not be long. Restrictionist blogger Mickey Kaus thinks Romney is most likely to make a “targeted concession” such as backing a variation on the DREAM Act. Rubio, by most accounts, is planning to introduce a bill to legalize the status of high-achieving undocumented students in coming weeks with an eye toward forcing a Senate floor vote in the fall.

Both pro-and anti-immigration advocates deride Rubio’s idea as a stunt, and, depending on its language, it may be.  But the Romney campaign has no better card to play. “The dreamers,” as the students call themselves, are held in high esteem by the Latinos, nine out ten of whom  support for the DREAM Act. And fortunately for Romney, two leading student groups that have fought for the DREAM Act say they are open to Rubio’s idea.

“We definitely support the concept,” Mohammad Abdollah of DreamActivist.org told Salon. “From everything we’ve heard, it sounds like something we could support. We need relief. If it comes from a Democratic or a Republican proposal, for us it doesn’t matter.”

Gaby Pacheo of United We Dream, which is supported by the Service Employees International Union, which has endorsed Obama, was more cautious.

“We’re willing to entertain the idea,” she said. “We’re glad to see a Republican coming forward on this issue. We want to see what the bill says and who are the Republicans who will also support it. Rubio is going to need support not just in the Senate but in the House as well. Where are Mitch McConnell and John Boehner?” The message seems clear. Without Republican support in the House, Rubio’s measure cannot become law and if it can’t become law it will get no help from its putative beneficiaries.

And therein lie the limits of Romney’s ability to pivot on the immigration issue: his allies. To send Latino voters a new message in the fall, he needs the cooperation of Kris Kobach and the Republican congressional leadership, neither of whom is inclined to give it.

The anti-immigration forces say pandering to Latinos who won’t vote Republican anyway will be less effective for Romney than running hard against Obama’s economic record. This strategy has its limits too. The post-2008 downturn, it turns out, has been less severe for Latinos than for whites. A Pew Hispanic Center study found Latinos lost less than whites in the 2007-09 recession and gained more in the 2009-2011 recovery. Latinos are now gaining jobs at twice the rate of whites. So the economic issue is not as sharp as it might be. Besides, wrote Ali Noorani of National Immigration Forum in a column for Fox News, “no one is going to listen to your economic message if you want to deport their mother.”

Obama’s pitch to Latinos is an ethnically flavored variation on his general election message: I saved you from disaster and delivered benefits.

President Obama has spent the first three years of his term working to restore economic security to the middle class and Latino community. He’s kept nearly 2 million Latinos out of poverty, doubled the amount spent on Pell Grants so 150,000 more Latino students can afford their educations. And by 2014, Obamacare will provide health coverage to 9 million Latinos who are currently uninsured.

Romney’s pitch to Latinos? It’s a work in progress.

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Jefferson Morley

Jefferson Morley is a staff writer for Salon in Washington and author of the forthcoming book, Snow-Storm in August: Washington City, Francis Scott Key, and the Forgotten Race Riot of 1835 (Nan Talese/Doubleday).

Another National Review contributor pals around with nativists

National Review editor-at-large John O'Sullivan was on the board of anti-immigrant site VDARE

It’s hard to expunge white nationalist racism from respectable conservatism when some of the most respectable of conservatives dabble in white nationalist racism. John Derbyshire, accomplished as he was, was just a contributor to the National Review. John O’Sullivan is a former editor of the National Review, a current “editor-at-large,” a fellow at the Hudson Institute, a former speechwriter for Margaret Thatcher, and Commander of the British Empire. He’s also on the board of directors at the foundation that publishes VDARE, the nativist site listed as a hate group by the Southern Poverty Law Center.

Gus from Little Green Footballs found documents showing O’Sullivan was on the board of the “Lexington Research Institute Limited,” aka the VDARE Foundation, from 2006-2010. During that time, VDARE helped found nativist site “Alternative Right” with a $35,000 grant. Alternative Right is edited by Richard B. Spencer, yet another racist/racialist white nationalist.

O’Sullivan was demoted from editorship by National Review ouster-in-chief William F. Buckley during a 1997 purge of Peter Brimelow, a virulent anti-immigration writer (and English immigrant) O’Sullivan championed who went on to found VDARE. VDARE has published a wide variety of extremist white nationalists, like Jared Taylor and Sam Francis.

O’Sullivan is still on the masthead at the National Review, and he was published defending Derbyshire at length at NRO a few days ago.

O’Sullivan says Derbyshire’s “satire” of “anti-white racism” sadly went a bit too far:

It therefore strengthens the anti-white racism it is meant to satirize which, as it happens, is a growing problem in the U.S. — not in the suburbs or backwoods but in the corporate executive suites, the media elites, the courts, the bureaucracy, and of course the entire industry of sensitivity training which used to go under the more honest title of “Political Reeducation” in the gulag.

Yes, “anti-white racism” is obviously a huge and growing threat in our corporate executive suites, as any glance at the Fortune 500 will demonstrate.

Having allowed that Derbyshire’s piece was sloppy and a bit racist, O’Sullivan goes on to defend each point anyway. Sure, Derbyshire believes that black people are innately criminal and stupid, but is that really a fireable offense? He might be right!

After half-purging O’Sullivan more than a decade ago, what possible reason is there to keep him around to embarrassingly defend his more explicitly awful colleagues? Especially while he’s working with the wackos at VDARE.

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Alex Pareene

Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene

“Undocumented and unafraid”

That's the rallying cry of a new group of immigration activists who are turning toward more confrontational tactics

(Credit: AP)

On March 14, Tania Chairez and Jessica Hyejin Lee walked into the Immigration and Customs Enforcement offices in downtown Philadelphia and handed over letters demanding the release of Miguel Orellana, an undocumented immigrant who has been detained for eight months at a Pennsylvania detention center. Both Chairez, a 19-year-old sophomore at the University of Pennsylvania, and Lee, a 20-year-old junior at Bryn Mawr College, were undocumented immigrants themselves, having been brought to the U.S. by their parents at ages 5 and 12, respectively. After making their demand, they exited the building, sat down in the middle of the street, and began shouting “Undocumented! Unafraid!” They were arrested after refusing to move, putting themselves at risk of deportation in the process. 

With Washington unlikely to take up immigration reform any time soon, some immigrants, like activists in the Occupy and LGBT movements, are turning to more confrontational tactics. Young undocumented immigrants across the country have come out as “undocumented and unafraid” in the most conspicuous of places: in front of the Alabama Capitol; in Maricopa County, Ariz., home of Sheriff Joe Arpaio; in front of federal immigration courts; and even inside ICE offices, processing centers, and detention centers. While they sometimes have specific causes, such as Orellana’s release, they also had a larger demand: that the civil and human rights of all undocumented immigrants be recognized and respected.

This is a marked change in goals and tactics from just one or two years ago, when the DREAM Act, which would have given some young undocumented immigrants a path to securing legal status, was the main immigration issue. Young activists, including many potential beneficiaries who are known as DREAMers, organized, rallied, held sit-ins, and undertook hunger strikes. A small group even marched from Florida to Washington, D.C., to press for its enactment. But it failed in Congress. Since then, students like Chairez and Lee are dreaming bigger and bolder. They aren’t just arguing that DREAMers like themselves — college students with clean records whose parents brought them to the U.S. when they were children — should be given a path to citizenship. They are helping to break down the artificial divisions — including those made by people who consider themselves immigrant advocates — between “model” immigrants (i.e., DREAMers) and others. Activists are forcing ICE to live up to its word that it is focusing its efforts on deporting “dangerous” criminals and not DREAMers. “We believe that regardless of [Miguel’s] immigration status, he should be treated as a human being,” Chairez shouted into a megaphone while seated in the street during the demonstration. “We have human rights.”

Youth-led immigrants-rights groups have organized in support of such efforts. The National Immigrant Youth Alliance has published an online “Coming Out Guide” and sponsored a “Coming Out of the Shadows” week this month. The movement has caught the attention of traditional immigrants-rights groups. National Council of La Raza is cautiously on board, stressing that coming out is an individual choice. “For many of the students this is their way of moving their advocacy forward,” says Laura Vazquez, a legislative analyst at NCLR. “We think it has been tremendously helpful for individual students who take that choice and make that decision.” However, some groups, like the American Immigration Council, see the tactic as too dangerous. “[The AIC] would never recommend to anyone that they put themselves at risk,” says communications director Wendy Sefsaf.

Yet, increasingly, young undocumented immigrants are doing just that and insisting that they will no longer remain silent. So far, according to activists, none of the recent acts of civil disobedience have resulted in deportation, but the threat remains very real as the Obama administration continues to deport young undocumented immigrants, including those whose cases have received considerable publicity. Young activists are well aware that any kind of legislative reform in the short-term, and especially before this fall’s elections, is highly unlikely. 

They’re using their actions, however, to raise awareness and funding in support of their cause. In Philadelphia, within hours of Chairez and Lee’s arrest other DREAMers kicked off a well-orchestrated publicity campaign. Emails were sent from Chairez and Lee’s accounts stating, “If you are reading this email I have been arrested in a planned act of civil disobedience.” Dream Activist Pennsylvania, an organization of which both are members, sent out messages to followers on Twitter and posted videos of their arrest, as well as video messages Chairez and Lee recorded prior to the action. The organization also sent out messages soliciting donations for their bail. News of the arrests spread via television, radio and English- and Spanish-language print media outlets.

By engaging in direct confrontations and being more open about their undocumented status, these activists hope to pave the way for broader changes than the ones the DREAM Act would have achieved.

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Adam Goodman is a doctoral student in history at the University of Pennsylvania. Follow him on Twitter @adamsigoodman.

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