Immigration

GOP Risks Irrelevance by Taking Restrictionist Path

Published February 17, 2009 @ 09:45PM PT

Richard Nadler writes the rare article I can endorse at National Review Online.  It may seem like I've pasted the whole thing below, but I haven't, and the entire piece is well worth reading.

Congratulations to my Critics Five: Glynn Custred, John Fonte, Mark Krikorian, Heather Mac Donald, and Rep. Lamar Smith.

There has been a debate on immigration policy going on at NRO to which I've been oblivious.  Mark Krikorian is one of the intellectual engineers of the current (until Obama tells us otherwise) enforcement-only immigration policy.  I heard Heather MacDonald speak at an international law conference a while back and I'll just say I'm distinctly not a fan.

Nadler responds to his opponents, and he doesn't dance around the point.

Each responded to my National Review article describing the consequences of a Republican policy of mass deportation without using the words "deportation" or "removal"; without discussing a single problem associated with rupturing 6.6 million "illegal" families containing 15 million individuals, 4.9 million children, and 3.5 million American citizens; without explaining how the pro-life movement will survive the mass alienation of its fastest-growing demographic; or why the employers of 7 million illegals would willingly rat them out.

Instead, I have been treated to lectures on the evils of lawlessness, balkanization, and unrestricted mass migration, none of which I advocate.

So I'll restate my thesis. If conservative Republicans continue to advocate the mass removal of resident illegals, our candidates will lose Hispanic vote share - to the point where our performance among Hispanics mirrors that among African Americans. If conservative Republicans continue to advocate the mass removal of resident illegals, our business support will erode - not to levels typical of a congressional minority, but to levels reflecting a fundamental shift of interests favoring the Democrats.

Hispanics and business groups do not reject Republican immigration policy because they are open-border fanatics. They reject it because it threatens them directly.

. . .

I have yet to meet a conservative who doesn't understand the dynamic of the Elián González incident in 2000 - how a SWAT team, on orders from a Democratic attorney general, invaded an ordinary Cuban home and tore a screaming child from the arms of his protector. That sight, revisited nightly in Little Havana, carried Florida (and the presidency) for George W. Bush.

Today, Hispanics are treated to dozens of Elián González incidents on the nightly newscasts of Univision, Telemundo, and Azteca. Only now, the villains are Republicans rather than Clintonistas.

Given this bombardment, it is irrelevant that Hispanic opinion on immigration levels, benefits for illegals, and official English are fairly similar to those of the general public. Mass deportation is a deal breaker. The linked prospects of Immigration and Customs Enforcement raids, persecuted clergy, ruptured families, and mass profiling spooks the legal, working-class Hispanic. It is the GOP platform plan to remove the 12 million illegals among them that turns the Hispanic vote from "leans Democratic" to Democrat-dominated.

. . .

It is abundantly clear to Hispanics that "enforcement only" means mass deportation, and mass trauma. But our conservative homeboys don't know this, because you heroes won't say it. You won't even say the word.

If conservative bloggers lay the smackdown this sharply all the time, and I just don't often appreciate it because I disagree on the merits, maybe I should just abandon the ideology I've accrued since high school and return to my conservative Mormon roots, because this is fun.

Nadler is saying pretty much the same thing Simon Rosenberg, Mel Martinez, and Karl Rove have said: if Republicans continue demonizing immigrants for political gain, they risk permanently alienating the Latin@ vote and remaining an opposition party for decades.  Nadler continues:

Heather, you criticize me as an opponent of law and order. But you pick and choose among the immigration laws that you wish to enforce.

Federal immigration statutes are, by universal agreement, absurd. The law, as it applies to employers, encourages the hiring of illegals by making document fraud child's play. I took pains in my article to cite the actual warnings on the I-9 form. Employers are told that they must accept school IDs, report cards, and work visas scheduled to expire, and that they are liable to lawsuits if they do not. But border jumping is punishable by deportation.

These laws scarcely inhabit the same policy universe. Their coexistence is a tribute to the insanity of avoiding comprehensive immigration reform.

You say you want to enforce existing immigration law, but you don't. You want to change it, so that it can be enforced against a work force that was legally hired. The overwhelming majority of "illegals" were properly processed by their employers under existing I-9 procedures. Unmasking the frauds incentivized by these procedures will require new statutes. This reflects your policy preference for deportation, not your superior commitment to law.

Employers want to change existing law too. But they would give visas to existing foreign workers, and implement stricter verification standards going forward. That is their policy preference.

Major employers depend on the work force you want to deport - employees on whom they have expended time, training, and trust.

I think these are great points.  Restrictionists make the "rule of law" argument all the time-essentially, that tolerance of undocumented immigrants leads to disrespect of the law.  This has negative knock-on effects like increases in crime and social tension.

I see the appeal to this argument, and I recognize the benefits of an even-handed legal system that has widespread support and legitimacy.

The current immigration system has few of those qualities, however.  Kind of like the War on Pot that is losing the support of a majority of the public.

Restrictionists undercut their rule of law argument by pushing just as hard as pro-migrant reformers to change the laws, but pushing to make them more restrictive.  Not satisfied with the consistent legislative trend of the last 19 years of nudging more and more immigrants out of lawful status and making it harder for out-of-status immigrants to get onto the legal track--a string of successes in Congress that you would never know about from the perennial wailing and gnashing of teeth about amnesties and sanctuary cities--restrictionists are always pushing to change existing laws that are favorable to immigrants.

Restrictionists push to reduce or eliminate the H-1B visa program for high-skilled workers.  To stop U.S. citizens from petitioning for family members.  To build the border wall faster and make it longer.  To scale back grants of asylum and reduce protections for refugees and victims of trafficking.

They are always pushing to change the laws they don't like.  And in the restrictionist view, laws are for immigrants to obey, not governments.  For restrictionists, "rule of law" is a malleable, convenient concept, to be used when useful and otherwise ignored.

[Image: Elian Gonzalez]

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Comments (27)

  1. Wire Paladin

    You certainly make a convincing argument for lowering our immigration rates.  High immigration rates are an experiment which has failed.  

    Posted by Wire Paladin on 02/18/2009 @ 01:51AM PT

  2. Charlie Reed

    Dave, I feel that immigration is an asset to this country, and I am not looking to deport anyone other than people who commit serious crimes in this country after they do their time. However (You knew there would be a however) I do believe in tight borders for security reasons. We owe that to all residents regardless of arrival time. Another thought is that Your blaming the right wing is political nonsense. I live in an area where almost everybody is far left of Me and almost all are far more restrictionist than Me.

    Posted by Charlie Reed on 02/18/2009 @ 04:16AM PT

  3. Dave Bennion

    It's true that the immigration issue doesn't always cut cleanly across traditional partisan lines.

    It's also true that a clear majority of Democrats in the Senate supported the last reform bill and a clear majority of Republicans voted against it.
    http://www.ontheissues.org/SenateVote/Party_2007-235.htm

    And my point in posting this essay is to show that the right wing is also blaming the right wing for holding up the show.  Nadler is no leftie.

    Posted by Dave Bennion on 02/18/2009 @ 05:24AM PT

  4. Reply to thread
  5. mitch miranda

    All of us that our origins are not from a Native American Tribe came to this great country through the process of immigration,  legal or illegal?  Nevertheless I think we should allow workers to migrate during harvesting seasons by awarding them the temporary legal documents needed to work and be taxed.  It is vital to our security that we know who this workers are,  and from there we can weed out other elements that can harm us as a country.
      For our permanent residents, sons and daughters, fathers, mothers, spouses.  These are the folks we need to reform immigration for, to unite families split through the process of deportations.  To award certificates of citizenship for the children of legal immigrants when they turn into adulthood so they can vote and make a choice to serve their country.  These things will encourage legal immigration, and we will see a sharp downward spiral of illegal immigration.

    Posted by mitch miranda on 02/18/2009 @ 01:15PM PT

  6. E F

    What's interesting is his reference to deportation as our only answer, without mentioning how effective attrition through enforcement strategies are. All we need to do is enforce our current laws and the problem will solve itself.

    Further, after correctly mocking how inefficient the I-9 forms are, he makes no reference to the stripping of E-Verify from the stimulus package. E-Verify terrifies the criminals offerering illegal employment. Why? Because it works.

    Posted by E F on 02/18/2009 @ 02:10PM PT

  7. Dave Bennion

    Again, Nadler's argument is that continuing on the current "attrition through enforcement" track will help ensure that Latin@s vote the way blacks do: overwhelmingly for Democrats.  If there is a lasting realignment of the Latin@ electorate, the GOP is screwed.

    Your characterization of "criminals offering illegal employment" makes Nadler's point for him--that is not likely to win over the portion of the business community that relies on migrant labor.

    I'm not a Republican, I will shed no tears if the GOP doesn't reach majority status again until I retire.  Nadler is upset by the prospect because he is a Republican and doesn't want to see the party self-destruct.  I just want to see the GOP realize that its interests are not well-served by demonizing immigrants. 

    You, and the five restrictionists on NRO, either don't believe the political risk Nadler describes exists or don't care if the GOP wins or loses.  If the former, the evidence Nadler cites says otherwise.  If the latter, then we are on the same page for once.

    Posted by Dave Bennion on 02/18/2009 @ 06:10PM PT

  8. Reply to thread
  9. E F

    Thanks for your thoughtful response. I am neither Republican nor Democrat. I am an Independent. I dislike both parties pretty much equally, although at times, for different reasons.

    For the record, attrition through enforcement does not include mass deportations, which Nadler makes reference to. The heart of any ATE strategy is to enforce current laws and turn off the magnets that draw illegals here, such as free health care, free education, free incarcerations, and free welfare (BTW, they aren't free), and most importantly, the illegal jobs being offered to entice them to come here. This in turn causes the illegals to voluntarily return back to their homelands. No need to deport.

    I am in agreement with Nadler on on the facts, just not what should be done about them. As I stated, right now, E-Verify is the most successful Govt. program that cracks down on illegal employment. Our Govt. no longer represents the American citizen. They represent BIG business, hence why E-Verify is not permanent and why it was stripped from the Stimulus package. This needs to change.

    What Nadler does not address is that most immigrants who came here want our borders enforced and want our immigration laws enforced, including Hispanics. Sadly, the debate has somehow made Hispanic immigrants/citizens into law breaking scofflaws, which I do not support, nor do they themselves. I think we will see more groups like "You Don't Speak For Me!" in the near future.

    I do not beleive that Republicans are anti immigrant whatsover. I beleive that many are anti illegal alien, but not immigrant.

    I believe what this country needs more than ever is a viable third party.

    I think we might just be on the same page factually at least. I also agree with you on the widow penalty as well, FYI.

    Posted by E F on 02/18/2009 @ 06:44PM PT

  10. It seems to me that there's something missing from this discussion - namely, any mention of "racism." What is it that distinguishes Richard Nadler's perspective from the anti-immigrant crusaders who have hijacked the debate around immigration and succeeded in framing it in terms of "law and order"? The latter are the same folks who jump to assure you that they are not racist, but have no compunction about using dehumanizing terms like "illegals" to refer to human beings. Most Latinos aren't fooled by the oft-stated refrain by restrictionists that they are not against immigrants, just "the illegals."

    Most Republicans are savvy enough to understand that they are shooting themselves in the foot by alienating large numbers of Latino voters, right? So why do they persist with the race-baiting "law and order" rhetoric - referring to undocumented peoples as "criminals" and "invaders," etc.? Why dehumanize people in this way? What's the trade-off, considering that you are alienating a large block of people who can make or break the Republican party in future elections?

    I have some Republican friends and they don't talk the way the restrictionists do (or it would be "acabo" for me). So I know that there are intelligent, moderate Republicans out there. They sound more like Mr. Nadler in that they don't demonize undocumented peoples nor attribute every societal problem to the presence of noncitizens. So, who are these people who are hijacking the debate? Many of them - not all - have ties to white supremacist groups. In fact, I came over here from Dee's blog (Immigration Talk with a Mexican American) just to get away from them. Most of the "antis" who haunt her site will tell you without any shame that they are proud "white nationalists," and Dee has exposed their links to white supremacist groups. So, the question for me is how did these racist groups manage to hijack the Republican party when it is clearly not in the best interests of the party? And I think there's a name for it: racism. Historically, many whites have been willing to make this trade-off - even against their own best interests - if it helped them to maintain a sense of racial superiority.

    I know it's considered "impolite" to bring this subject up. But Attorney General Eric Holder said something recently that got me thinking (and I have my own issues with Holder). He said that we are "essentially a nation of cowards" when it comes to talking about race.

    "If we're going to ever make progress, we're going to have to have the guts, we have to have the determination, to be honest with each other.'' I think he's right, and I believe that racism is at the root of the contentiousness of the immigration debate - this is my honest opinion. And I think we must find a way to talk about this.

    Posted by a d on 02/18/2009 @ 07:27PM PT

  11. E F

    Lisa, if you overstay a visa or hop a fence to enter this country, then you are an illegal alien. That is the proper term. You can call it whatever you like, you can grand stand all you like, but it is the correct term. Undocumented, which is inherently false, because they are very fraudulently documented with stolen identities, is a misnomer that only obfuscates the truth.

    I have no problem whatsoever with the word illegal, because it is truthful.

    I would also add that there are plenty of racist organizations, et al, La Raza, who attack us and refer to the majority of American citizens who want our laws enforced as racists and xenophobes.

    That sadly is the only card they can play, because they certainly don't have the moral, ethical, or legal high ground to even execute an even remotely valid argument. It's always kill the messenger. And that is what's sad.

    Posted by E F on 02/18/2009 @ 10:00PM PT

  12. Charlie Reed

    Race is also irrelevant because the majority of Mexican immigrants are by far are the same race as the majority of U.S. citizens, Caucasian. White supremacists are an extremely small, hysterically laughed at group of idiots with no relevance in this country.

    Posted by Charlie Reed on 02/19/2009 @ 12:10AM PT

  13. Wire Paladin

    Lisa; You can inject race into just about any issue, including housing, war, voting rights, abortion, prisons, healthcare, education, etc.  Immigration is not about race.  Except of course if housing, war, voting rights, abortion, prisons, healthcare, education, are also about race.

    Posted by Wire Paladin on 02/19/2009 @ 02:44PM PT

  14. You can also inject ignorance of how race informs just about every issue from housing to prisons to education (etc.), too. Racial disparities persist in just about every facet of life in America and they affect people of color disproportionately.  Check out this program on Democracy Now: "State of the Dream 2009: Report Finds People of Color in US Endure Silent Economic Depression":  

    http://www.democracynow.org/2009/2/19/state_of_the_dream_2009_report

    Posted by a d on 02/19/2009 @ 03:09PM PT

  15. Wire Paladin

    So, you agree then that immigration is not about race?

    Posted by Wire Paladin on 02/20/2009 @ 03:31PM PT

  16. how you came up with that interpretation from what I said is beyond me.  appears you missed the word "ignorance" in that sentence.

    Posted by a d on 02/20/2009 @ 05:10PM PT

  17. Wire Paladin

    My question requires a yes/no response.

    Posted by Wire Paladin on 02/20/2009 @ 11:36PM PT

  18. Reply to thread
  19. Thank you Elliot, Charlie and Wire.  How does race intersect with the immigration issue - if you brave enough to face it squarely? I think Dave Neiwart said it best in his blog "O'Reilly declares war on New York Times after it calls him out on immigration":

    "What usually raises questions of racism is how readily the discussion turns to how Latinos are polluting or diluting white culture, how they're bringing crime and disease, turning America into "a third world cesspool," how they're "invading" the country. In other words, it isn't talking about immigration that makes people hear racism; it's talking racist crap that does.

    The favorite whine of O'Reilly, Dobbs, Malkin, and the right-wing nativist cohort is that "it's not fair that you can't discuss illegal immigration without being accused of being racist." But the problem isn't discussing illegal immigration. Indeed, I think everyone involved would love to have a discussion on immigration without racism rearing its ugly head.

    But racism is rearing its ugly head when O'Reilly and Dobbs and Malkin and the whole pack of "immigration reformers" treat white-supremacist propaganda as reliable information and parrot talking points from those white supremacists as well.

    Pointing out that they're doing it isn't the problem. Pretending that they're not is."

    http://dneiwert.blogspot.com/

    Posted by a d on 02/19/2009 @ 03:42PM PT

  20. *if you're brave enough

    Posted by a d on 02/19/2009 @ 03:48PM PT

  21. Reply to thread
  22. Alex Godoy

    Here we go again politicizing the issue. The illegal alien disaster is not a political problem. It doesn't have a color. Is an American problem. Anyone, democrat or republican that tries to put this in a political perspective, is not an American. At the same time, that ridiculous claim that a tough immigration policy will make that side of the aisle lose "latino" votes, is ridiculous and false. I came from South America. I am not from there anymore, I am an American now. I only love, protect and sleep under one flag, the American flag. And God knows that I will protect with my life the constitution of The United States and will protect with my life the interests of my people, the American people. Therefore, I am absolutely against illegal alien immigration, and YES, I am a LATINO (although that term is misused, but I came from South America) and like me, there are millions across the nation, speaking out, and getting in touch discussing the issue. An American citizen who segregate himself into a minority claiming to belong to a different group and defend a crime against America, doesn not deserve to carry the American citizenship anymore.

    At the same time, liberals and the drive by media continue to put this illegal alien issue in the same package with "Immigration". This problem is already out of our immigration system. It is out of hand. The debacle is so big, that we need to deal with the crime as a separate issue. We have "immigration" problems, and we have in paralell the "illegal alien" problem.

    This is not about color, race. This is about right and wrong. Are there great illegals out there? of course there are. And we should have a system that allows people like them to come here. Real potential Americans. In the meantime, unfortunatelly, they are inside the same bag, trapped, with no solution. Of course we need to resolve the problem. But they are being harmed and frustrated with all the socialist liberal open border agenda coming from the media, and extremist racist latino groups who shouldn't be in this country.

    DISCLAIMER: I know there are high probabilities that this post will be deleted, but as always, as a legal backup and precaution, I have a print screen.

    Posted by Alex Godoy on 02/20/2009 @ 04:38PM PT

  23. Dave Bennion

    "Anyone, democrat or republican that tries to put this in a political perspective, is not an American."

    Immigration policy is clearly a political issue.  What else would it be?  The policies are made by elected representatives and implemented by officials appointed by the elected president.  There's no way to avoid politics in this process. 

    What I think is wrong is how people since 9/11 have tried to put certain issues outside the bounds of political discussion, including military issues and immigration policy.  That itself is a blatantly political tactic, and it has backfired on the party that tried it.

    Also I don't think screen shots of this crappy little blog are going to be relevant to very many people.

    Posted by Dave Bennion on 02/20/2009 @ 07:00PM PT

  24. Reply to thread
  25. I don't want to go too far off topic here (nor do I think it helps to debate extremists).  So, I'm going to give David Neiwert the last word for the "pro" side, and then you "antis" can rant to your heart's content. Here's what Neiwert has to say in his blog "White supremacism lies at the root of the 'respectable' nativist right":

    "We've known for some time -- ever since the Southern Poverty Law Center first reported it back in 2002 -- that there was a web of interests and backgrounds that connected some of the most prominent conservative anti-immigration "think tanks" to white-supremacist organizations, all revolving the activities of an environmentalist-turned-nativist named John Tanton.

    Despite the overwhelming evidence, though, that this was the case, these groups -- particularly the Federation for American Immigration Reform (FAIR), the Center for Immigration Studies (CIS), and NumbersUSA -- have continued to enjoy mainstream respectability, in large part because they have continued to deny the connections to Tanton and to each other.

    Now, the SPLC has definitively established the connections, thanks in large part to reporter Heidi Beirich's intrepid investigative work digging through Tanton's own papers and examining the groups' leaders records. One can only hope the report will finally persuade genuine conservatives and thoughtful Republicans that they would want nothing to do with either these organizations or their largely fabricated disinformation, which disguises a hateful, white-supremacist agenda."

    http://dneiwert.blogspot.com/


    Hopefully, this gets us back on track to the original issue.

    Posted by a d on 02/20/2009 @ 05:33PM PT

  26. Alex Godoy

    Well I agree with your post. I think anything related to unfounded arguments should be strongly repudiated. In this case, any tie to race issues are unacceptable in the immigration crisis. Anybody, republican, democrat, lib, con, whatever, who is linked to racist organizations must be separated from the rest and not count it as valid data. And those who by accident find themselves tied to racist groups, must separate from them. In this case, we have the same problem on the other side with the group La Raza; a racist latino group; even the name says it all; not because the name is in Spanish is less offensive. Imagine for one second a group of Whites called "The Race"; of course it would be taken as a racist group, and a name like that has no other intention than putting this issue in a racial context. I came from South America and I am White; that's why I think the terms "latino" or "hispanic" are misused, because it puts us all in the same bag just for the fact that we came from South America, when every single person has (or should have) its own pride in their ancestry. And that's why, coming from a real melting pot like South America is, I know this is NOT a racial issue. I know many people from different countries from different races and they all have good and bad. If in this case there are proven links to racist groups, that must be made public and investigated. That doesn't help anybody.

    Posted by Alex Godoy on 02/20/2009 @ 08:30PM PT

  27. Wire Paladin

    I think John Taunton is a great American.  Don't you think the funding for MALDEF, LaRaza, ACLU and SPLC come from the same place as well?

    But it's interesting to see where the funding for LaRaza comes from - less than 5% is from memberships.  While for FAIR, the funding is overwhelming from memberships.  Therefore, which is the grassroots organization? (hint: it ain't LaRaza)

    Posted by Wire Paladin on 02/20/2009 @ 11:44PM PT

  28. Reply to thread
  29. Just thought I'd share this.  Check out Para Justicia y Libertad for a great blog debunking the myth of the "Reconquista":

     http://xicanopwr.com/2008/06/revisiting-la-reconquista-a-nativist-creation/

    Posted by a d on 02/21/2009 @ 05:16PM PT

  30. Charlie Reed

    I think to have a mistrust or fear of beings different from You is a trait inherent in all species. We are the species most capable of observation of that trait and rising above it. This country is ahead of many countries in that endeavour, but from what I hear There are some in front of Us. That's fine. I did not mean to imply Americans were not still on the evolutionary path re: this subject. Two points though. Mexicans are Caucasians, so what is this race persecuting them? and "supremacists" are present in any race and they are mostly just a disgraceful, ineffective, tiny minority in this nation.

    Posted by Charlie Reed on 02/22/2009 @ 06:47PM PT

  31. Dave Bennion

    Some Mexicans identify as Caucasians.  But anglos have long put up barriers between themselves and even light-skinned Mexicans.  Texas had a form of Jim Crow in place for many years until the seminal Supreme Court case of Hernandez v. Texas.  Never heard of the case, or the history of discrimination against Mexican-Americans?  That is no surprise--it's not something I learned in school either.  But it happened.

    http://www.statesman.com/blogs/content/shared-gen/blogs/austin/somosaustin/entries/2009/02/22/on_monday_night_james_aldrete.html

    Posted by Dave Bennion on 02/23/2009 @ 05:57PM PT

  32. Reply to thread
  33. Alex Godoy

    Just on a side note. I continue to believe that within all the illegal aliens, there are great people who really are a great additon to this nation. However, they are being harmed by the liberal media, democrat politicians, and specially these latino or hispanic organizations pushing for amnesty. They need to understand that American people WILL NOT tolerate that. Period. There is nothing politicians, National Guard or Police can do. We are not talking here about a couple million people. We are talking about over 12 million! That is more than a whole state. Trying to push for that is simply destroying any value in the idiosincrasy of Americans. The way to deal with the problem is not being demanding. Remember that ANY South American or Central American country has 10 times tougher border and immigration enforcement policies.

    I think if the latino community and illegal aliens stand up against those racist organizations like La Raza, Aztlan or any of them, they will get a much better response and sympathy from the American society and from the law.

    Posted by Alex Godoy on 02/23/2009 @ 04:26PM PT

  34. Jose Fernando Martinez

    Alex
    They are being harmed by people that think like you.  If you went to school, or even if you didn't,  you can think of Ethical Arguments in favor of converting illegal immigration into Legal immigration. Can't you?   

    Posted by Jose Fernando Martinez on 02/24/2009 @ 07:09PM PT

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