Commentary Magazine


Topic: illegal immigration

Obama’s Still In Charge But Also Still Failing

President Obama used the opening statement for his end of year press conference to boast of his achievements even if many of the questions revolved around his lackluster response to the North Korean cyber terror attack on Sony. But the main theme of most of the coverage of the president today centered on the theme that he has responded to his party’s landslide defeat in the midterm elections by seeking to revive his presidency with unilateral actions. These initiatives, such as his opening to Cuba and executive orders on immigration show he’s still in charge and capable of using his power and establishing his legacy despite the opposition of Congress and even the majority of Americans. But while the mainstream media is applauding the signs of life out of White House that appeared dead in the water last month, this recent surge of activity should not be mistaken for policy success. Though any president has the ability to act whenever he wants, the same failures that have dogged him during his first six years in office haven’t disappeared.

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President Obama used the opening statement for his end of year press conference to boast of his achievements even if many of the questions revolved around his lackluster response to the North Korean cyber terror attack on Sony. But the main theme of most of the coverage of the president today centered on the theme that he has responded to his party’s landslide defeat in the midterm elections by seeking to revive his presidency with unilateral actions. These initiatives, such as his opening to Cuba and executive orders on immigration show he’s still in charge and capable of using his power and establishing his legacy despite the opposition of Congress and even the majority of Americans. But while the mainstream media is applauding the signs of life out of White House that appeared dead in the water last month, this recent surge of activity should not be mistaken for policy success. Though any president has the ability to act whenever he wants, the same failures that have dogged him during his first six years in office haven’t disappeared.

There’s no doubt that those who were completely writing off the president’s ability to influence events after the beating Democrats took were exaggerating. Though his policies, which he said were on the ballot, were repudiated, Congress in the hands of Republicans and his personal favorability ratings continuing to head south, the president remains the most powerful man in the world. With the vast power of the federal government at his disposal and no limits on his ability to act, save those specifically charted out by the Constitution and Congress, any president can dominate any news cycle or make a wide variety of decisions that can not easily be reversed by either the legislature or the judiciary.

Moreover, unlike some of his predecessors, Obama’s personality is such that he views checks on his actions, whether in the form of Congressional action or the verdict of the ballot box, as challenges to be met rather than judgments that must be respected. Just as this is a top-down administration in which the Cabinet acts as a body of sycophants and middlemen rather than advisors, this is not a president who listens to advice or criticism that doesn’t conform to his original ideas. It should therefore come as no surprise that now that he is faced with a Congress controlled by his opponents, Obama should come to the conclusion that Constitutional boundaries should be ignored in his zeal to do, as he likes.

But his ability to act on his own should not be mistaken for actual policy successes.

On immigration, the president has finally done what some of his supporters wanted in terms of granting amnesty to more than 5 million illegal aliens and there is very little that is effective that his critics can do about it.

On Cuba, the new Congress can block funding for a new embassy in Havana, refuse to lift the embargo or confirm a new ambassador. But much of the new opening to the despotic regime will go one no matter what Congress says.

Looking ahead to other possible presidential actions, if he makes enough concessions and the Iranians are feeling generous, Obama may get a nuclear deal with the Islamist state. That, too, will be interpreted as a sign of life in what would otherwise be considered a lame duck presidency.

But none of this will change the fact that Obama’s ideological fixation with outreach to tyrants has not made the world better or increased America’s security or influence. To the contrary, with ISIS on the rise in the Middle East, Iran successfully challenging for regional hegemony via its successes in Syria, its alliance with Hamas and its intimidation of moderate Arab nations, and likely to gain U.S. acquiescence to it becoming a nuclear threshold state, Obama is leaving the world a more dangerous place than when he entered the White House. Nor will his Cuban gambit make the island a more democratic or free place.

On domestic policy, his admirers cite his immigration executive orders as a sign that he can govern despite the opposition of Congress. But by acting in this extralegal fashion, Obama has actually doomed for the foreseeable future any chance of working out a compromise with Republicans to pass some kind of immigration reform. Flexing his muscles in this fashion and showing his contempt for the law has convinced even many moderate Republicans that he can’t be trusted to enforce any legislation that he doesn’t like or benefit from. Nor will the problems that he postponed in the implementation of ObamaCare but which will begin to be felt in 2015 do much to bolster confidence in his judgment or the wisdom of his efforts.

So while the last month has been full of presidential sound and fury, these actions only mask a deeper malaise that won’t be fixed by Obama’s characteristic hubris about his actions. The failures of his first six years still hang over this presidency and are why he remains deeply unpopular. He will retain the ability to impact the country until the moment his successor takes the oath of office. But no one should mistake this flurry of activity for presidential success. As the months wind down in what he termed today the fourth quarter of his time in the White House, Obama will be relevant but his failures will continue to haunt the nation and cloud his legacy.

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Dem Civil War and Demographic Destiny

Coming as it did on the eve of the Thanksgiving holiday, I don’t think enough attention was paid to Senator Charles Schumer’s National Press Club speech last week that lamented the Democratic Party’s decision to expend all of its capital on passing ObamaCare in the wake of their 2008 victory. Schumer said that rather than addressing a problem that affected a relatively small percentage of the public, the Democrats should have used the two years when they controlled the presidency and both houses of Congress focusing on measures that would have increased employment and helped the middle class. If you think that sounds like sour grapes in the wake of a midterm elections drubbing, you’re right. But Schumer is hinting at something more serious than second thoughts about an unpopular piece of legislation. He and other liberals are only just beginning to realize that rather than riding demographics to certain triumph in the future, Democratic alienation of white working class and middle class voters may snatch defeat from the jaws of victory.

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Coming as it did on the eve of the Thanksgiving holiday, I don’t think enough attention was paid to Senator Charles Schumer’s National Press Club speech last week that lamented the Democratic Party’s decision to expend all of its capital on passing ObamaCare in the wake of their 2008 victory. Schumer said that rather than addressing a problem that affected a relatively small percentage of the public, the Democrats should have used the two years when they controlled the presidency and both houses of Congress focusing on measures that would have increased employment and helped the middle class. If you think that sounds like sour grapes in the wake of a midterm elections drubbing, you’re right. But Schumer is hinting at something more serious than second thoughts about an unpopular piece of legislation. He and other liberals are only just beginning to realize that rather than riding demographics to certain triumph in the future, Democratic alienation of white working class and middle class voters may snatch defeat from the jaws of victory.

Schumer’s political analysis is must reading for both conservatives and liberals. Though he insists that tackling health care was a good idea in principle, he points out that although the plight of uninsured and rising health-care costs are important problems, 85 percent of Americans were getting their insurance from either their employers or the government (via Medicare or Medicaid). Since most of the uninsured are either not registered or don’t vote even if they are:

To aim a huge change in mandate at such a small percentage of the electorate made no political sense. So when Democrats focused on health care, the average middle-class person thought, the Democrats are not paying enough attention to “me.”

But Schumer shouldn’t have stopped with his second-guessing of the misnamed Affordable Care Act. The same argument can be made about President Obama’s executive orders mandating amnesty for five million illegal immigrants.

Though this measure is assumed, with reason, to be popular among Hispanic voters, the notion that it will ensure their monolithic support for Democrats in the future is a theory, not a certainty. But even if we are prepared to make that assumption, by investing so heavily in a measure that is focused on appealing only to minorities and which, at the same time, has the potential to alienate large numbers of working class and middle class voters who worry about the nation’s inability to control its borders and intensely dislike the president’s end run around the Constitution to accomplish this goal, they increased their demographic weakness in other areas.

Republicans have spent the years since their 2012 loss in the presidential election pondering their problems with Hispanics, African-Americans, unmarried women, and young voters. The ensuing debate has created an ongoing argument between those who urge greater outreach to these constituencies and those who believe the GOP has to concentrate on mobilizing its base. One needn’t choose either option to the exclusion of the other, but this discussion has become a keynote of the simmering conflict between the party establishment and its Tea Party and conservative base.

But while the mainstream press has obsessed about this Republican civil war, it ignores the looming battle among Democrats. That civil war pits people like Schumer, who may be hardcore liberals but understand that ideological policies carry a hefty price tag, against left-wingers like Senator Elizabeth Warren, who appears to speak for the Democratic base in the same way that Ted Cruz represents Tea Partiers. Democrats paid the price that Schumer spoke of in the form of two midterm election landslides even if Barack Obama’s historic status and personal popularity enabled them to hold onto the White House in 2012.

The two presidential wins interspersed with two midterm losses has led many pundits and politicians on both sides of the aisle to conclude that the two parties are fated to continue this pattern because of the larger turnout of Democratic constituencies in presidential years. That has led many to embrace the notion that demography is destiny, which holds that the increasingly larger share of votes cast by non-whites will not only ensure that the pattern continues but that Republicans will never again win the presidency until they become more attractive to minorities. That’s not an idea that the GOP should ignore, but it may be that the Democrats’ decision to embrace policies that alienate a far larger group—white middle class and working class male voters—will be as much of handicap in 2016 as it was in 2014.

All indications are that, like that ultimate weathervane Hillary Clinton, many Democrats prefer to follow Warren’s example and steer to the left. That may endear them to minorities as well as their liberal base. But in doing so they may be the ones dooming themselves to future disasters, not Republicans who understand that so long as they avoid looking foolish or extreme they are well positioned to reap the benefits of opposition to both ObamaCare and amnesty for illegals. Having spent the last six years branding their opponents as extremists, it seems Democrats have forgotten that the same problem exists on the left as it does on the right.

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Pass an Immigration Bill? What’s the Point?

Republicans are still fulminating about last week’s presidential power grab, and with good reason. President Obama’s executive orders granting legal status to 5 million illegal immigrants were contrary to proper constitutional order as well as the will of an American people that had just issued a rebuke to his policies and his party in the midterm elections. But the onus right now seems to be on the GOP to come up with a coherent response to the president on immigration, whether a strategy to push back on his orders or on the issue itself. In particular, the president has challenged Republicans to “pass a bill” if they don’t like what he’s done. But while that sounds logical, the president’s actions are nothing more than a partisan trap. By effectively neutering the rule of law via mass “selective prosecution,” what Obama has done is to vindicate the positions of the most extreme opponents of immigration reform.

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Republicans are still fulminating about last week’s presidential power grab, and with good reason. President Obama’s executive orders granting legal status to 5 million illegal immigrants were contrary to proper constitutional order as well as the will of an American people that had just issued a rebuke to his policies and his party in the midterm elections. But the onus right now seems to be on the GOP to come up with a coherent response to the president on immigration, whether a strategy to push back on his orders or on the issue itself. In particular, the president has challenged Republicans to “pass a bill” if they don’t like what he’s done. But while that sounds logical, the president’s actions are nothing more than a partisan trap. By effectively neutering the rule of law via mass “selective prosecution,” what Obama has done is to vindicate the positions of the most extreme opponents of immigration reform.

The genius of Obama’s amnesty for illegals via executive orders is not that he has somehow championed the underdog or ensured the Hispanic vote for the Democrats for generations to come, as many Democrats are saying. The orders, which can be reversed if the GOP wins back the White House in 2016, won’t permanently change anything for the illegals. And Hispanics weren’t flipping to the Republicans even if the House had passed the Senate immigration reform bill last year. What the orders have done though is dashed the House and Senate GOP leadership’s hopes for setting a governing agenda by making bipartisan cooperation a toxic phrase in the majority caucuses next year. While there may be deals to be made on trade, taxes, or the use of force in the Middle East, Obama has ensured that much of the Republican Party’s energies will be wasted on futile attempts to stop his unilateral immigration policies. Even more to the point, immigration reform is dead on arrival for the next two years.

It should be remembered that Republicans were divided on immigration in the Congress that is just reaching the end of its term. A significant faction in the Senate backed the comprehensive bipartisan reform bill passed by the upper body. There were significant numbers in the House GOP caucus that favored tackling border enforcement even if the majority wanted no part of the Senate bill.

Opponents of even going that far had two standard replies to those favoring such measures. The first argued that any deal promising a free pass to illegals already here would generate another surge of illegals coming in. The second said that it was impossible to trust President Obama to actually carry out border enforcement measures if his real agenda here rests with granting legal status to illegals.

In response, reform advocates made points about the current problem being de facto amnesty and pointed to the advantages of strengthening the border and then dealing with the issue of those already here.

Those opposing immigration reform are wrong in terms of the big picture since this is an issue that requires attention and legislation to deal with a problem that won’t go away by itself. But they were right about both the impact of amnesty and the president’s reliability on enforcement. Last summer’s surge of illegals at the Texas border put to rest the notion that there is no connection between talk of granting amnesty and the rate of illegal entries. That is true even if Obama’s measures wouldn’t actually apply to those coming over the border. And now that Obama has single-handedly eviscerated the notion that the rule of law applies to immigration matters, he has handed reform advocates an irrefutable argument that any legislation on the matter is impossible since the president has no credibility on enforcement matters.

Even more to the point, Obama has placed Republican leaders in the position where they must respond to his end run around the Constitution even though there is little likelihood that anything, whether a lawsuit or even selective funding cutoffs that will impact the government’s ability to carry out the amnesty plan (though this is the most promising idea), will stop him from doing whatever he likes until January 2017. That will allow the White House and its media cheering section to label the new Congress as a pack of obstructionists even if the president is the one who has needlessly provoked the argument by going back on his past promises to refrain from acting like an emperor rather than a president.

Thus, the president’s challenges to “pass a bill” aren’t merely unpersuasive. Rather than an effort to prompt needed legislation, they are taunts that are actually intended to foment more obstruction and partisan warfare.

Those who know the country needs a legislative remedy to a broken immigration system knew that the odds were against success even before the president’s moves. But by acting in this manner he has made it certain that no such efforts can possibly succeed in the next Congress and also silenced those who tried to answer the arguments of those opposed to reform. The appropriate response to “Pass a bill” is that the president should try enforcing the law first. Obama has not only damaged the cause of immigration reform, he has done something that seemed impossible a couple of years ago: made anti-immigration advocates look smart.

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Standing and Prosecutorial Discretion

There has been much talk of late, especially since President Obama’s speech last night, about how the new Republican congress can respond to his continual, indeed increasing, end runs around Congress’s power to make the laws. In almost so many words last night, he said to Congress, you didn’t reform immigration law so I will.

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There has been much talk of late, especially since President Obama’s speech last night, about how the new Republican congress can respond to his continual, indeed increasing, end runs around Congress’s power to make the laws. In almost so many words last night, he said to Congress, you didn’t reform immigration law so I will.

He used the common law principle of prosecutorial discretion—where the executive can choose what individual crimes to pursue and which to ignore—to do so. He was confident that the common law principle of standing—where an individual, corporation, or government body must have a personal or direct injury that he or it wants redressed in order to sue—would prevent the courts from interfering.

It’s clever lawyering if lousy politics.

The courts have long held that individual members of Congress cannot sue the president for ignoring the law.  It may get them a headline in tomorrow morning’s newspaper, which is what they are usually after anyway, but it won’t get them far in court.  Equally, prosecutorial discretion has always been used to allow prosecutors to choose strong cases to pursue, while letting weak ones go, or to prevent an injustice from occurring by pursuing the letter of the law.

But, as noted, both standing and prosecutorial discretion are largely common law principles, arising from centuries of court decisions on how justice should be done, guarded by the doctrine of stare decisis, which holds that settled principles of law should not be disturbed by the courts when deciding similar cases.

But statute trumps common law. It was common law that the age of majority was 21. But that didn’t prevent the states from making 18 the age at which, for instance, individuals could drink or marry without a parent’s permission or vote.  A constitutional amendment set the voting age at 18 nationwide.

So, while I am not a lawyer, I see no reason why the new Republican Congress could not pass a law granting itself standing to sue when it decides by majority vote that the President has trespassed on its power to make the law. Equally, it has the power to limit prosecutorial discretion to its traditional uses.

After all, President Obama was implicitly arguing in his speech last night that if Congress were to pass a law making, say, the transportation of widgets across a state line a felony, he would be free to order the Justice Department not to prosecute any cases under the Widget Law, effectively repealing it.

Defining standing and prosecutorial discretion by statute would prevent this usurpation of power.  Would President Obama veto such bills? Perhaps, but even with the mainstream media in look-a-squirrel overdrive, I think public pressure would force him to accept them.  If it didn’t, then a future president who thinks that James Madison is not just a dead white guy would.

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Obama’s Orders: Politics, Not Compassion

President Obama was at his rhetorical best Thursday night in making an eloquent case for his executive orders that allow five million illegal immigrants to avoid deportation. But his eloquence invoking compassion for immigrants was the worst kind of cynical game being used to justify an unprecedented presidential usurpation of power. Even if one accepted the arguments he employed on behalf of fixing our broken immigration system or being fair to illegals, it was all beside the point. The purpose of this exercise was to vastly expand the scope of presidential power while provoking a confrontation with Republicans. None of it had much to do with actually changing the system.

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President Obama was at his rhetorical best Thursday night in making an eloquent case for his executive orders that allow five million illegal immigrants to avoid deportation. But his eloquence invoking compassion for immigrants was the worst kind of cynical game being used to justify an unprecedented presidential usurpation of power. Even if one accepted the arguments he employed on behalf of fixing our broken immigration system or being fair to illegals, it was all beside the point. The purpose of this exercise was to vastly expand the scope of presidential power while provoking a confrontation with Republicans. None of it had much to do with actually changing the system.

There are good reasons to support changes in the system. The status of the 11 million illegals in this country needs to be resolved in some rational manner. The president is right to state that mass deportations are both unlikely and undesirable. Even if they violated the law, many, if not most of the illegals are not bad people and some of their stories should inspire compassion from Americans.

But by acting unilaterally rather than returning to the hard work of crafting a bipartisan compromise on immigration with the new Republican majorities in Congress, Obama showed that he had other motives besides his supposed passion for the illegals.

The president’s argument remains that he is being forced to act because House Republicans refused to pass the bipartisan compromise bill passed by the Senate. This is a specious appeal for four reasons.

The first is that even if the Senate bill deserved support, it is the prerogative of the Congress to pass laws. The president may advocate, lobby, cajole, threaten, or bargain with members to get his way. But if the executive branch fails to get the legislative branch to approve measures, it must accept the verdict and try again. Such a failure does not grant the president the right to usurp Congress.

Second, this is no emergency that required immediate action. Comparisons to the Emancipation Proclamation or wartime emergency measures are absurd. If it were a genuine emergency, Obama would have acted on it during his first two years in office when he had Democratic majorities in both houses of Congress and could have gotten any measure he liked. He might also have issued these orders at any time since then but instead waited until he was safely reelected and then for the midterms to be finished before acting.

Third, seen from the perspective of November 2014, it is clear the House was right not to pass the Senate bill. Though I did not think so at the time, the impulse to break up the measure and to pass border security legislation first and then and only then consider the future of the illegals already here was correct. Despite the president’s claims that the border is secure, last summer’s surge of illegals proved otherwise. Moreover, his boasts about the supposed decline in illegal immigration has little to do with the still shaky enforcement at the border and everything to do with the shaky economic recovery the president has presided over. Even worse, it is likely that today’s temporary amnesty—which may be reversed by the next president—will encourage another such surge. The same thing happened after President Reagan’s amnesty and that was not nearly so egregious as Obama’s and an attempt to clarify a law passed by Congress, not an end run around the Constitution.

Fourth, if, as he says, he wants a new bill, the only way to achieve any kind of reform would have been to work with the new Congress. Chances were admittedly slim for a new compromise but the president’s orders have now reduced it to zero. Hispanics and immigration-reform advocates applauding these orders should think about the fact that with a stroke of a pen, Obama has made it impossible for any Republican, no matter how committed to fixing the system, to vote for a new bill in the next two years. That is a greater setback for that cause than anything done by House Republicans in the past two years.

And that leads us to the most important conclusion to be drawn from the president’s move. It must be understood that this is as much a tactical political move as it an attempt to build a legacy as some of the president’s defenders claim.

By issuing his orders now in the wake of the Democrats’ drubbing in the midterms, Obama is attempting to take back the initiative from a victorious GOP. Despite the pious rhetoric he used about bipartisanship, his goal here is to goad a rightly furious Republican caucus into overreacting and to recreate the government shutdown confrontation of 2013 that he rightly believes himself to have won. In doing so, he hopes, with the help of a partisan liberal media that is already happily defending his measures and lambasting conservative anger, to gain an advantage in the latest episode of the pointless partisan squabbling that he has helped to engender.

By going outside of the constitutional order in this manner, the president has created a dangerous precedent that undermines both the rule of law and the concept of separation of powers. One may even agree with the substance of his ideas while also understanding that this is a radical action that puts more power in the hands of an already too-powerful executive branch.

But the fact that Democrats are already seeking to depict this struggle as one between a compassionate president and Republicans who want “ethnic cleansing” illustrates that this merely politics, not principle at play. Those who hoped they were electing a Congress to get things done were not wrong to think the new majorities had an opportunity to legislate. But President Obama has made that impossible by firing the first shot in a political war intended to further polarize the nation. Nothing could be more cynical or less high-minded.

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A Lawless Presidency Will Destroy Itself

There is no longer any doubt that perhaps within a matter of days, the president will issue executive orders that grant amnesty to up to 5 million illegal immigrants currently in the United States. While the administration is hoping the discussion that ensues will still be about the merits of immigration reform, they should understand that the president’s decision to use his executive authority to treat law enforcement as a function of his personal whim is bound to change the debate to one about an assault on constitutional principles. This means that rather than debating what can be done to stop him in the short term (the correct answer is not much), observers should be pondering the long-term effects of this move on both the future of immigration reform and the fortunes of our two political parties. The answers to both of these questions may not bring much comfort to the president and his supporters.

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There is no longer any doubt that perhaps within a matter of days, the president will issue executive orders that grant amnesty to up to 5 million illegal immigrants currently in the United States. While the administration is hoping the discussion that ensues will still be about the merits of immigration reform, they should understand that the president’s decision to use his executive authority to treat law enforcement as a function of his personal whim is bound to change the debate to one about an assault on constitutional principles. This means that rather than debating what can be done to stop him in the short term (the correct answer is not much), observers should be pondering the long-term effects of this move on both the future of immigration reform and the fortunes of our two political parties. The answers to both of these questions may not bring much comfort to the president and his supporters.

The GOP-controlled Congress doesn’t appear to have legislative options that won’t involve funding measures that can be portrayed as a new government shutdown. Though it would take presidential vetoes to kick off such a confrontation, with the help of a still docile mainstream media (see Grubergate), Republican leaders understand that this is a political trap they need to avoid. However, what Democrats who assume the mass amnesty will transform the political landscape in their favor and doom Republicans to perpetual defeat are ignoring is that the executive orders will change the terms of the debate about this issue. Though there may be no way of rescinding these orders while Obama remains in office, the real political trap may be the one that the president’s arrogant assumption of unprecedented personal power may be setting for his party.

As for the justification for this action, the notion that the president must act because Congress has not done so is utterly unconvincing even for those who support the cause of immigration reform.

The presence of an estimated 11 million illegals within our borders is a problem that must eventually be dealt with in a sensible manner. Mass deportations are neither feasible nor desirable, especially with those targeted by the president’s orders that may have children or other family members who are either citizens or legal residents. It is also true that many Republicans that supported the bipartisan immigration compromise that passed the Senate last year signed on to a process that would have given illegals a path, albeit a difficult one, to citizenship.

However, the need to address the problem doesn’t justify the president’s stand.

A measure that is imposed outside of the law that is not directly tied to border security and a reform of a broken immigration system does not solve the problem. If anything, as we saw last summer, such measures only encourage more illegal immigration. That surge of illegals proved that critics of the bipartisan bill were right and those of us (including me) who supported it were wrong. The border must be secured first and then and only then will it be possible to start sorting out those who are still here without permission. That was the approach favored by many in the House of Representatives last year and a new attempt at a fix to the problem should start there rather than trying to resurrect the Senate bill as the president demands.

That is why the administration’s narrative about the executive orders is simply false. Far from the president stepping in to provide a solution where Congress failed, what he is doing is making the problem worse, not better.

Far worse is the manner in which he is doing it.

It is, strictly speaking, within the president’s lawful authority to direct agencies operating under him to exercise prosecutorial discretion. But to do so on a mass scale isn’t merely unprecedented. It breaks new ground in the expansion of executive authority. As much as the president thinks the current law is inadequate to deal with the problem of illegal immigration, it is not up to him to unilaterally legislate a new solution. Only Congress may re-write the laws of the land. The idea of a president acting unilaterally to invalidate existing statutes in such a way as to change the status of millions of persons, however sympathetic we may be to their plight, places Obama outside the law and blaming Congress for inaction does not absolve him.

Nor can it be justified as falling within the executive’s right to act in a crisis.

There are circumstances when, usually in wartime, a crisis looms and broad presidential discretion is unavoidable. But as much as advocates for the illegals may trumpet their plight, this is not a ticking bomb that requires the normal constitutional order to be set aside. If majorities in both the House and the Senate could not be found to support a measure the president deemed important, he had the normal recourse of going to the people and asking them to elect a Congress that will do so. Unfortunately for those who claim that the president has no choice but to bypass Congress, we have just undergone such an election and the people’s answer was a resounding rebuff to the White House. The president may think it is in his interest to pretend as if the midterms should not determine his behavior in his final two years in office but it was he who said his policies were on the ballot. While there was an argument prior to November 4 that claimed that it was the GOP-controlled House that was thwarting public opinion on immigration, that claim disappeared in the Republican sweep.

That brings us to the long-term political consequences of this act.

While much has been made of the impact of amnesty on the Hispanic vote, with these orders the president is digging Democrats a hole that they will have difficulty climbing out of in the next two years.

Hispanics may be grateful for the temporary end of the deportations but it will not escape their notice that in doing so the president has ended any chance of immigration reform for the rest of his term. Nor will they be unaware that a GOP successor will invalidate amnesty with a stroke of the pen as easily as the president has enacted them. Republicans will rightly understand that there is no dealing with an administration that would rather go outside the law than first negotiate in good faith with a newly elected Congress on immigration. Nor can they be blamed for thinking any deal based on promises on border enforcement will be worthless with a president who thinks he has the right to simply order non-enforcement of the laws he doesn’t like.

Even more to the point, the orders will create a backlash among the rest of the electorate that always results when presidents begin to run afoul of both the law and public opinion. A lawless presidency is something that is, by definition, dysfunctional, and that is a term that has already defined Obama’s second term up until this point. Democrats who are counting on wild applause from their base should understand that just as Republicans learned that domination by their Tea Party wing undermines their electoral viability, they too should be wary of governing from the left.

The spectacle of mass amnesty without benefit of law will shock ordinary voters, including many who are Democrats or who think the immigration system should have been fixed. After the orders, responsibility for the failure to do so will rest on Obama, not the Republicans. What the president may be doing with these orders is to remind the voters that parties that grow too comfortable with exercising authority without benefit of law must be taught a lesson, one that will be paid for by his would-be Democratic successor in 2016. Rather than building his legacy, the president may actually be ensuring that his time in office is remembered more for his lack of respect for the rule of law than any actual accomplishments.

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Dems May Regret Obama’s Immigration Orders

President Obama once again put the country on notice yesterday in his post-midterm election press conference that he will act to legalize millions of illegal immigrants by executive order sometime before the end of the year. Doing so will torpedo any hopes of cooperation with congressional Republicans who will rightly see the moves as an end run around the law that proves his lack of sincerity when he claims he will meet them halfway. But having made it clear that he is unmoved by the notion that the midterm results should induce him to rethink any aspect of his policies, the president will almost certainly finally redeem the promise he made to Hispanic groups to issue the orders. The only questions now are what is he waiting for and whether acting in this manner will help Democrats in the long run.

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President Obama once again put the country on notice yesterday in his post-midterm election press conference that he will act to legalize millions of illegal immigrants by executive order sometime before the end of the year. Doing so will torpedo any hopes of cooperation with congressional Republicans who will rightly see the moves as an end run around the law that proves his lack of sincerity when he claims he will meet them halfway. But having made it clear that he is unmoved by the notion that the midterm results should induce him to rethink any aspect of his policies, the president will almost certainly finally redeem the promise he made to Hispanic groups to issue the orders. The only questions now are what is he waiting for and whether acting in this manner will help Democrats in the long run.

Though immigration reform advocates have been begging him to use the power of the presidency to bypass Congress on this issue for years, the president didn’t promise to do so until this past June when he spoke of issuing the orders by the end of the summer. But embattled red-state Democrats begged him to hold off at least until the election so as to avoid their being tainted by a decision that would have enraged voters. Seeking to help politicians who were his supporters even if they avoided the unpopular president like the plague during the campaign, Obama complied.

This was a mistake since the postponement enraged Hispanics who rightly felt they had been stiffed once again by a president who had chosen not to act on immigration in his first two years in office when Democratic majorities would have given him anything he asked for. This led to a distinct lack of Hispanic enthusiasm for congressional Democrats that helped sink candidates like Senator Mark Udall in Colorado. But far from quieting concerns from the rest of the public, the threat that the president would trash the rule of law in this manner as soon as voters were presumably no longer paying attention only helped generate more support for Democrats. In the end, the president got the worst of both worlds by stalling on amnesty.

But now that the election is over, there really is no political reason to delay further. If Democrats were holding onto the hope that the Louisiana runoff election for Senator Mary Landrieu’s seat could help them retain a majority in the Senate, the president might still be dithering on the issue. But with the Republicans already holding 52 seats after the dust settled on Tuesday (with one more to come from Alaska once those results are finalized), Landrieu’s survival is irrelevant to control of Congress. The president is unlikely to postpone the move to help Landrieu, whose uphill battle in the runoff against Republican Bill Cassidy seems like a hopeless cause. Indeed, it is so hopeless that despite the lack of any other races in which to invest at the moment, the Democratic Senatorial Campaign Committee has pulled the plug on nearly $2 million in television ad buys for her reelection effort.

Thus, the president did not shy away yesterday from making the case for his impending actions even though both Senator Mitch McConnell and House Speaker John Boehner warned him that he was going to “poison the well” of bipartisan cooperation even before such efforts began. In doing so, he returned to his familiar theme in which he said the reason he had to act was Congress’s failure to pass its own immigration reform bill.

This is a theory of democratic governance that defies both logic and the Constitution. The president may regret the failure of the House to pass a bipartisan reform bill that made it through the Senate. But that unwillingness to put that measure into law provides no legal or moral authority for the president to attempt to put one aspect of that bill into law unilaterally. Whether it is wise or not, Congress is under no obligation to pass legislation that it does not support even if that is the president’s wish.

There are reasonable arguments to be made on behalf of a reform of a broken immigration system as well as for doing something to bring the estimated 12 million illegals already in the country under the umbrella of the law. But what the president is planning to do isn’t reform. Nor will it fix the system. If anything, the spectacle of millions of people here in violation of the law being granted permission to stay without benefit of a vote in Congress will only encourage more illegal immigration, much as the president’s past advocacy of such measures helped create the surge of illegals at the border this past summer. The long-term result will only be to render hopes of controlling the border even more illusory.

Will the executive orders recapture Hispanic enthusiasm for the Democrats? Maybe. The assumption is that Republican opposition to amnesty will ensure that Hispanics vote for the Democrats for generations to come. But Hispanics already support the Democrats for a variety of reasons. And with two years to go until the next time the voters go to the polls in a federal election it is just as possible that many will not soon forget the cynical manner in which they were manipulated this year. But let’s assume that the Democratic stranglehold on the Hispanic vote is further strengthened by the president’s decision. What Democrats need to understand is that merely playing to their base and ignoring the rest of the voters can sometimes do as much harm to their cause as it does good.

What happened this year should have made the president and his supporters understand that the spectacle of a porous border undermines support for immigration measures. At this point, even conservatives who supported the Senate bill now realize that their House colleagues may have been right when they insisted that the border had to be secured before anything could be done to deal with the status of those already here illegally. While something needs to be done to fix the system, the border surge made a comprehensive approach politically impossible.

But for the president to now defy both public opinion and the will of Congress by acting on his own will do more than embitter his Republican antagonists. Though it will mollify one part of his coalition, rather than putting the issue to bed this end run around the law will create even more anger in the political grass roots around the country that will ensure that this issue will still be red hot in 2016. As they should have learned this year, it takes more than an energized base of minorities to win elections. Amnesty for the current crop of illegals will bring us more border surges and more damage to the rule of law. Obama may be content with that being part of his legacy, but it will be his fellow Democrats who will still be stuck trying to explain a move that can’t be defended when they go back to the voters in the future.

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Arrogant Obama Has Learned Nothing

Last night as the country was absorbing the midterm election results, the New York Times reported that President Obama was “irritated” about the Democrats’ stunning defeat but that he did not consider the outcome to be a “repudiation” of himself or his administration. In response, some talking heads on the cable news networks suggested that given some time to reflect on events, he would take responsibility for a historic drubbing. They were wrong. When the president came out to face the public at his White House press conference this afternoon, it was clear that not only would he refuse to take blame for his party’s losses but was unchastened by the experience.

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Last night as the country was absorbing the midterm election results, the New York Times reported that President Obama was “irritated” about the Democrats’ stunning defeat but that he did not consider the outcome to be a “repudiation” of himself or his administration. In response, some talking heads on the cable news networks suggested that given some time to reflect on events, he would take responsibility for a historic drubbing. They were wrong. When the president came out to face the public at his White House press conference this afternoon, it was clear that not only would he refuse to take blame for his party’s losses but was unchastened by the experience.

Though the press had wondered what adjective he would use to describe a defeat similar in magnitude to a 2010 midterm election that he dubbed a “shellacking,” his speech writers appeared not to have employed a thesaurus. The most he would say was that “Republicans had a good night.” But this unwillingness to acknowledge the magnitude of the outcome was merely the prelude to a lengthy display of presidential arrogance that made it clear he had no intention of taking the voters’ lack of confidence to heart or changing a thing about a presidency that the majority of Americans no longer regard favorably.

Rather than taking a page from Bill Clinton’s book and understanding that he had to adjust his policies and ideas to political reality, Obama seems to think he has no lessons to learn from the voters who broadly rejected the policies that he told us last month were on the ballot yesterday.

Asked several times by members of the press if he was prepared for genuine compromise, all he gave them was the usual boilerplate he’s been employing throughout his presidency about being willing to listen to Republicans if they come up with reasonable ideas. The only problem with that: he believes the only one with reasonable ideas is Barack Obama.

As for the American people, he dismissed their votes as merely a symptom of restlessness and impatience, not a reasoned assessment of his conduct in office. If there was any conclusion to be drawn from their votes, he took it as a slap at both Republicans and Democrats. As far as he is concerned, what the people want is for Congress to “get stuff done.”

It’s true that Republicans in Congress have favorability ratings even lower than the president’s awful poll numbers. But to claim that the voters took an equally dim view of both sides of the partisan divide is to ignore the results. Democrats took a beating around the country as an anti-Obama backlash tarnished their brand and even some highly unpopular Republicans wound up winning races easily that had been thought to be hard slogs. With his party suffering massive losses in the Senate and the House and even in governor’s races where Democrats suffered from their association with the president, it is simply impossible to honestly assert that what happened was a bipartisan anti-incumbent wave. Instead of a “Seinfeld election” about nothing, it was an anti-Obama six-year itch of historic proportions.

Speaking prior to Obama’s press conference, incoming Senate Majority Leader Mitch McConnell urged the president to work with Republicans and accept the olive branch he was offering. But he also warned him that if he ignored the election results and moved ahead with plans to use executive orders to legalize millions of illegal immigrants, he would be immediately “poisoning the well” and making bipartisan deal-making far more difficult.

Yet that is exactly what Obama seems intent on doing. His attitude about immigration was no different than his stance on every other issue where he differs from Congress: It’s my way or the highway. If a Republican-controlled Congress doesn’t want him doing end runs around their constitutional authority, Obama says their only choice is to pass bills he likes. If not, he will act on his own.

This is the main point of his remarks. Though he spoke at times of being willing to have more drinks or rounds of golf with Republicans or members of Congress—something most presidents understand is part of their job but which Obama regards as being somehow beneath his dignity—the president believes such meetings are merely an opportunity for others to listen to him and learn the errors of their ways. In his view, “getting stuff done” means Republicans passing liberal legislation, not him being willing to agree to some of the GOP agenda.

Listening to Obama discuss the need to accommodate or even listen to critics, it’s easy to see he still thinks of himself as the adult in rooms full of petulant children that an unkind fate has forced him to supervise. Rather than treat opponents as equals who must be met halfway, even after six years of failure with Congress, Obama still seems to believe he is, at worst, a constitutional monarch who must suffer the indignity of hobnobbing with commoners even if he would rather die than relinquish his royal prerogatives.

Though the president did the right thing last night by calling election winners from both parties and scheduling a meeting with congressional leaders on Friday, based on today’s performance there is no reason to think the next two years will be any different from those that preceded them when it comes to Obama working with his opponents.

It is one thing to be undaunted by electoral reversals. It is quite another to pretend that such petty annoyances are unworthy of your attention. Though he was the one who reminded us in January 2013 that “elections have consequences” when he was asked about working with defeated Republicans, this is a president who believes that he doesn’t have to heed the verdict of the voters if it goes against him and his allies. That, and not congressional squabbling, is the answer to the question voters ask about why Washington doesn’t function properly.

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Why Immigration Reform Won’t Pass

President Obama justifies his plans (put off until after the midterm elections) to act unilaterally to legalize millions of illegal immigrants on the grounds that Congress has failed to pass the immigration reform bill he prefers. That’s a risible justification for throwing the Constitution under the bus and bypassing Congress and the checks and balances enshrined by the Founders. But even if we all agreed that reform is needed, rarely does the president or his supporters stop to ask why it is that so many Americans and the House of Representatives oppose their position.

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President Obama justifies his plans (put off until after the midterm elections) to act unilaterally to legalize millions of illegal immigrants on the grounds that Congress has failed to pass the immigration reform bill he prefers. That’s a risible justification for throwing the Constitution under the bus and bypassing Congress and the checks and balances enshrined by the Founders. But even if we all agreed that reform is needed, rarely does the president or his supporters stop to ask why it is that so many Americans and the House of Representatives oppose their position.

An answer comes again today from one of the most visible advocates of changing the system to grant the 11 million illegals currently in the country a path to legal status if not citizenship. Jose Antonio Vargas, a former reporter for the Washington Post who outed himself in the New York Times in 2011 as having come to the United States illegally from the Philippines as a child, writes today in a Politico Magazine article about his decision to symbolically turn himself in to the Department of Homeland Security last month along with ten other undocumented aliens. Vargas believes the system is broken and unjust and is demanding the president not wait a moment before using an executive order to override the will of Congress and stop the deportation of illegals.

If we limit our discussion to the question of a system that doesn’t work and which has been loosely enforced by the government for many years, Vargas has a strong argument. Indeed, the need for reform is clear and that includes some sort of rational solution for the millions of illegals who, like Vargas, are obviously not going to be deported.

But if Vargas and Obama want to know why there is such fierce resistance to some of the proposals, including the bipartisan bill passed by the Senate last year, they need to stop and consider how the mockery of the rule of law implicit in Vargas’s brazen stunts (such as getting himself arrested near the Texas border in July) aimed at pressuring the government to let illegals off the hook undermines their case.

It is one thing to say that those living in the shadows should be brought under the umbrella of the system. It is quite another for Vargas and his colleagues to act as if obeying or enforcing the law is merely an option. Vargas has become not so much the poster child for the arbitrary nature of a law he opposes but a professional illegal immigrant.

That is, in and of itself, something of an affront to the whole concept of law and law-abiding citizens. While he boasts of walking around with a copy of the Constitution in his pocket (which he carries, along with his Philippine passport, for good luck), he fails to recognize that the basis of that document is a belief in the rule of law. Though he writes eloquently of the plight of illegals, he seems to think the fact that they broke the law by entering the U.S. without permission is a mere detail. His attitude is primarily one of entitlement, not martyrdom.

Above all, what Vargas and those who seek to publicize and laud his antics forget is that by treating the law as a thing that can be violated with impunity they are undermining the cause they seek to promote. If, after all, the border can be crossed with impunity, there is no border or law.

It is precisely this sense of chaos that led to the current impasse as well as to this summer’s surge of illegal immigrants and in particular, unaccompanied children, to flood across the border to Texas.

Instead of mocking the increased security present along the Rio Grande or those who ask him and other illegals to leave and then get in line behind those already waiting to get into the country, Vargas should understand that there would never be a critical mass of support for reform until the border is secured. Many erstwhile supporters of the Senate bill have come to the conclusion that any resolution of the plight of the illegals must come after the flow across the border is stopped, not before.

Every publicity stunt which allows illegal immigrants to flaunt their status makes it that much harder for any reform bill to pass. Even more to the point, rather than encouraging Obama to trample on the Constitution, Vargas should realize that the only way to win over House Republicans who believe they are defending the rule of law is to meet them on their own ground. Instead, Vargas and Obama are both sending a clear message to the House that they regard the issue with contempt.

This bodes ill for future efforts at reform. If Obama acts after the election on his own to change the law it will set off years of bitter conflict about the constitutionality of his actions, causing opponents of reform to refuse to listen to future proposals. And so long as Vargas and others treat the law as a joke, it will be hard to blame them.

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Will the GOP Repeat Their Shutdown Error?

In a year in which Republicans were already favored to take control of the Senate, President Obama’s plans to announce executive orders to effectively legalize millions of illegal immigrants may be the last straw for a number of embattled red state Democratic incumbents and challengers. But there is an alternate theory to explain the president’s puzzling decision to trample on the Constitution just weeks before the midterms. It could be that the White House believes this is just the thing to tempt conservatives to overplay their hand and raise the specter of another government shutdown or impeachment.

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In a year in which Republicans were already favored to take control of the Senate, President Obama’s plans to announce executive orders to effectively legalize millions of illegal immigrants may be the last straw for a number of embattled red state Democratic incumbents and challengers. But there is an alternate theory to explain the president’s puzzling decision to trample on the Constitution just weeks before the midterms. It could be that the White House believes this is just the thing to tempt conservatives to overplay their hand and raise the specter of another government shutdown or impeachment.

Let’s specify that Republican anger about what looks to be an end run around the Constitution would be completely justified. The idea that a president can arrogate to himself the power to annul some laws by ordering that they not be enforced or to effectively promulgate new laws without benefit of congressional action is outrageous. That’s exactly what he would be doing if, as virtually everyone in Washington anticipates he will, the president signs executive orders in September that would halt deportations for illegals and grant green cards for all those who had children after entering the country without permission.

As I wrote earlier, these moves seem to indicate that President Obama is writing off Democratic chances of holding onto the Senate since they would hurt embattled red state Democrats. But it is entirely possible that the president is hoping for an entirely different scenario to play out. If, rather than just using the president’s unconstitutional actions to bury Democrats this fall, Republicans choose to try and use a vote on the budget to defund the president’s efforts, it will almost certainly set in motion a series of events that would lead to a government shutdown in the middle of the fall campaign. Though conservatives would be right to blame Obama and the Democrats for sending the government to the brink, they should know by now that they will be the losers in any such standoff.

Senator Marco Rubio, an ardent proponent of immigration reform, has warned the White House that he and other Republicans will act to remove funding for any presidential actions that would attempt to bypass Congress. Some will call him a flip-flopper because of his own role in pushing for the bipartisan compromise immigration bill that passed the Senate before dying in the House. But Rubio is not merely responding to pushback against his vote from conservatives. He’s also realized that the fiasco at the border this year in which a wave of illegal immigrants has overwhelmed federal resources is largely the fault of statements from the president and congressional moves that gave many would-be illegal immigrants the impression that they would be allowed to stay if they made it across the border. This led him to the correct conclusion that those who believed border enforcement must precede any move toward dealing with the illegals already here were right.

The president is not only determined to ignore the will of Congress, he also has learned that particular lesson. But if Rubio and his colleagues initiate a game of chicken over the budget on this issue it will show that they, too, have already forgotten recent political history. The 2013 government shutdown was also justified in the sense that it was generated by an attempt on the part of Republicans to stop the funding of ObamaCare because of a refusal by the president to compromise on its implementation. Given the disastrous nature of that rollout the president would have done well to heed their advice, but the shutdown was an unmitigated disaster for Republicans that Democrats are eager to repeat. Though it was largely unfair, thanks to clever maneuvers by the president and the assistance of the liberal media, the public blamed the GOP for the shutdown. Inevitably, the Republicans had to give in without getting much in the way of concessions from the president or stopping ObamaCare. Anyone who thinks there will be a different outcome if this is tried over immigration wasn’t paying attention. Any cutoff in government funding now, even on constitutional grounds, will give the Democrats the opportunity to brand their opponents as destructive obstructionists and fanatics rather than principled supporters of the Constitution.

Throw in threats about impeachment proceedings that are already being mooted by Tea Party firebrands like Rep. Steve King of Iowa and you’ve got a formula for a Democratic revival that could enable some of their weaker incumbents to survive.

The president’s intention to throw the Constitution under the bus when it comes to immigration and other issues isn’t in doubt. But what is yet to be determined is on which ground will the battle over this issue be fought. If Republicans take the president’s bait and put a shutdown in motion, the debate will shift from the president’s illegal behavior to one about Republican extremism. If, however, they refrain from such destructive tactics, there is every chance they can return to Washington next January with a majority that will be far better able to stop the president’s actions than anything they can do now.

As with the ObamaCare shutdown, Republican passion is causing them lose sight of the fact that the country will be with them against unconstitutional behavior. Listening to the counsels of despair—which imagined that the shutdown was the last chance to stop ObamaCare—was the mistake in 2013. If they repeat that error this fall it will be a dream come true for the Democrats.

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Border Mess Won’t Help Democrats

Yesterday was a bad day for congressional Republicans. With the summer recess looming, both the House of Representatives and the Senate were working on bills relating to the crisis in which huge numbers of illegal immigrants have surged across our southern borders. But while both houses failed to pass a bill, the fiasco in the GOP-controlled House was particularly humiliating.

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Yesterday was a bad day for congressional Republicans. With the summer recess looming, both the House of Representatives and the Senate were working on bills relating to the crisis in which huge numbers of illegal immigrants have surged across our southern borders. But while both houses failed to pass a bill, the fiasco in the GOP-controlled House was particularly humiliating.

Speaker John Boehner wound up having to cancel a vote on a measure aimed at providing extra funding for the situation at the border due to a revolt from conservatives within his own caucus that was incited, according to some reports, by Texas Senator Ted Cruz. Though the Democrat-controlled Senate also failed to pass its own bill about the crisis, the spectacle of Boehner being once again thwarted by a major revolt from within his own party had returned.

That was bad enough. But even worse, as Charles Krauthammer noted last night on Fox News’s Special Report, was the fact that Boehner compounded matters by then saying that President Obama taking unilateral action could address the lack of funding. As Krauthammer said:

“It is ridiculous to sue the president on a Wednesday because he oversteps the law, as he has done a dozen times illegally and unconstitutionally, and then on a Thursday say that he should overstep the law, contradict the law that passed in 2008 and deal with this [the border] himself.”

Krauthammer is right. Boehner’s stance was “ridiculous.” But no more ridiculous than the spectacle of a new GOP leadership team finding itself unable to manage its caucus even on an issue when Republicans should been eager to act so as to maintain the pressure on the administration over a situation that Republicans have aptly criticized as a man-made crisis largely the fault of President Obama.

This fiasco revived talk about the incompetence of congressional Republicans as well as the way their Tea Party faction still seems to call the tune on difficult issues such as immigration. It was enough to set liberal pundits and Democrats boasting that Boehner’s disaster could change the narrative of the midterm elections and help cost the GOP their chance to win control of the Senate this fall.

But while Boehner’s bad day won’t help Republicans, the claim that this will alter the course of the midterms is, at best, an exaggeration, and, at worst, a misperception that will lead the Democrats to misread the seriousness of the threat to their hold on the Senate.

First, it should be understood that as bad as Thursday was for the GOP, their ability to rebound from this confusion and craft a new compromise that will enable them to pass a bill today that will undo some of the damage. By passing a bill that will make it easier to deport illegal immigrants and fund the crisis on the Rio Grande, Republicans can at least depart Washington saying they have done no worse than the Democrats who weren’t even able to pass their own version of a bill on the issue.

But while President Obama railed at them for producing a bill that couldn’t pass the Senate, he is just as guilty of refusing to compromise as Boehner’s crew. The Democrats may have gained a bit of an advantage this week but if they think the border crisis is going to help them this fall, they are dreaming.

In the long run, a failure to pass comprehensive immigration reform will hurt the Republican Party with Hispanics and make their path to an Electoral College majority in 2016 even more steep than it already is. But in terms of the midterms, this is an issue that does enormous damage to the Democrats in many of this year’s battleground states. Support for a more lenient approach to the influx of illegal aliens may exist but the debacle at the border lends strength to the argument that security must precede any path to legal status for those who cross it without permission. If Democrats in red states think they can run by defending a failure to secure the border or to deport illegals, when that is something that has been encouraged by the president’s misjudgments and statements, they are mistaken.

As foolish as Boehner looked yesterday, Democrats must face up to the fact that the only national theme to this year’s elections will likely be the lack of confidence in the president. After all, no matter how incompetent the GOP House looks, the president is still the president. It will take more than a ridiculous day on Capitol Hill to erase that fact from the voters’ memory.

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Immigration and the Humanitarian Snare

Momentum seems to be building for granting asylum to the tens of thousands of unaccompanied minors who have illegally crossed into the United States from Central America. But lost amid the rush to brand opposition to asylum as uncaring, if not racist, is a serious discussion about whether the U.S. is really obligated to take in every illegal immigrant child who fled violence at home.

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Momentum seems to be building for granting asylum to the tens of thousands of unaccompanied minors who have illegally crossed into the United States from Central America. But lost amid the rush to brand opposition to asylum as uncaring, if not racist, is a serious discussion about whether the U.S. is really obligated to take in every illegal immigrant child who fled violence at home.

With the mainstream media seeking to stoke sympathy for these kids, it is hardly surprising that a new poll shows that 69 percent of Americans believe the children should be allowed to stay if it wasn’t safe for them to be sent home. Figures as diverse as Hillary Clinton and conservative icon George Will have also endorsed treating the kids as refugees.

While it is no surprise that Clinton would seek to play the sympathy card for the illegals, Will’s statement dismissing concerns about the children is a significant victory for immigration advocates:

My view is that we ought to say to these children, welcome to America. You’re going to go to school and get a job and become Americans. We have 3,141 counties in this country. That would be 20 per county. The idea that we can’t assimilate these 8-year-old criminals with their teddy bears is preposterous.

Will is right that these children are not in and of themselves a threat to the country. Immigration strengthens the country. These children may well make impressive contributions to the country if allowed to study and grow up here. Moreover, so long as the discussion about this topic centers on the plight of these kids and the awful conditions in places like Honduras, Guatemala, or El Salvador, it is hard to argue that children who have already suffered terribly during their dangerous treks to the U.S. should be sent back to a situation where their lives could be in danger.

But there is more at stake in this debate about their future than a test of the country’s ability to empathize with the downtrodden. A decision to allow these children to stay will end the issue but will not end this crisis. Instead, as we should have already learned, anything other than a strong signal that the illegals won’t be allowed to stay will ensure that the border will continue to be a magnet for an unending stream of illegals including children for the foreseeable future.

I sympathize with these children and their families who look to the United States as a haven from the awful conditions in much of Central America. Nor do I share the fear of immigrants or the belief that their presence damages the nation. Our broken immigration system should be fixed and, in the long run, some solution must be found for the 12 million illegals already here since talk of their deportation is merely empty rhetoric.

But any country, even the United States, is entitled to control its borders and to see its laws enforced. A failure to send the kids home will send a loud message to the region that will encourage more to try to cross the border, a dangerous process that hurts the children and winds up saddling the U.S. with more illegal aliens.

Moreover, the proposition that America has no choice but to allow the kids to stay as refugees is unsupported by law or common sense. The traditional definition of a refugee is a person who has been forced to flee their homes by war, persecution, or a natural disaster. As bad as conditions are in Central America where drug gangs have made the life of many hell, the idea that crime or poverty in the absence of those other factors can make someone a refugee with a legal right to stay here is virtually unprecedented.

Even more to the point, the notion that it is the job of the United States to not only aid neighbors in distress but to take as many of them into our borders without them obtaining permission is to create an open-ended definition of America’s obligations that has no end in sight. After all, those three nations are not the only ones where kids are in danger.

You don’t have to be an opponent of immigration or oppose reform to understand that the loose talk from the White House about allowing young illegals to stay helped set off the current crisis. To compound this mistake by failing to send these children home will be to send a message that America’s immigration laws are meaningless and that the border is no barrier to those who wish to take advantage of the country’s bounty regardless of legal rights.

The question here isn’t whether we can, as Will stated, assimilate these children. Of course we can. It’s whether an overly broad definition of refugee status will be manipulated by the administration in order to begin the process by which all illegals will be granted permission to stay, perhaps by executive orders in order to boycott Congress.

What is happening at the border is a humanitarian crisis, albeit a man-made one. But it cannot be used as an excuse to justify a lawless approach to governance that will make it impossible for genuine reforms to ever gain majority support. If the president wishes to help aid the people of Central America, he will, no doubt, have the majority of Americans behind him. But America cannot solve the problems of Central America by importing its children. Rolling out the welcome mat for these illegals is a humanitarian snare that will merely ensure that they will be just the first wave of an endless tide of undocumented migrants.

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Compassion and the Rule of Law

The surge of illegal aliens–and in particular unaccompanied minors from Central America–across the border in Texas has started a debate in which more than immigration reform seems to be stake. While most conservatives are decrying the situation as the result of President Obama’s mistakes, some liberals are focusing on what they believe is the lack of compassion for the children that is being forgotten amid the politics. But as the plight of these desperate kids becomes publicized, Americans are being asked to make a choice between their charitable instincts and the rule of law.

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The surge of illegal aliens–and in particular unaccompanied minors from Central America–across the border in Texas has started a debate in which more than immigration reform seems to be stake. While most conservatives are decrying the situation as the result of President Obama’s mistakes, some liberals are focusing on what they believe is the lack of compassion for the children that is being forgotten amid the politics. But as the plight of these desperate kids becomes publicized, Americans are being asked to make a choice between their charitable instincts and the rule of law.

That’s the conceit of a good deal of the coverage of the reaction to the border surge in which demonstrations by Americans angry about the arrival of busloads of illegals are seen as proof of the intolerance and anger at the heart of resistance to immigration reform. The deplorable condition of many of these children and the hardships and violence they faced on their way to the United States all demand the sympathy of any decent person. Once in this country, they deserve humanitarian aid. Republicans who have expressed reluctance to allocate funds to deal with the crisis may be right not to trust President Obama to use the $3.7 billion he has requested wisely. But so long as they are on American soil, there can be no question that the government and concerned citizens must do whatever is needed to see that they are housed, fed, and given the medical care they need.

But that isn’t what’s at stake in this debate. Nobody is saying that the kids shouldn’t be cared for. But the notion, pushed by the United Nations and a growing volume of liberal commentators, is that we must treat these illegals as refugees and let them stay in America rather than being sent back home.

The argument for this proposition rests principally on the idea that the kids are in genuine danger from violence in their own countries. Looked at from that point of view, sending them back would be a death sentence. Thus, granting them asylum is being represented as not merely ethical but our obligation as civilized people.

But the problem with this reasoning is that if this position is allowed to stand, Central America and indeed, much of the rest of the world, might well empty out as immigrants seeking a better life pour into the United States.

It may well be that some of the unaccompanied minors who have come here recently in their tens of thousands would be in danger back home. But the laws regarding refugees were intended to provide a haven to those with a genuine fear of persecution because of their politics, ethnicity, or religious beliefs, not merely those who had the bad luck to live in a country where the rule of law has broken down. Violence is nothing new in Central American countries and even if it has surged lately, declaring that anyone who had fled these nations has a right to stay in the U.S. would render all existing immigration law and even the concept of borders meaningless.

Such compassion is, after all, relative. Those declaring that the United States must absorb children sent streaming over our borders by parents who hope they will be allowed to stay are not, after all, also advocating that war refugees from Syria, Iraq, or Afghanistan or conflicts in dozens of other countries also be taken in with no questions asked. The point of such demands is not merely humanitarian but to underscore demands that those already in the country illegally be allowed a path to legalization if not citizenship.

I have always been sympathetic to such arguments since it seems to me that 11 million people cannot be deported and therefore amnesty is what we’re experiencing now. But the border surge and the subsequent demands to grant tens of thousands of illegal aliens who are minors asylum demonstrates the danger of signaling that illegals will not be deported.

Granting refugee status to the current group of unaccompanied minors will herald the start of future surges that no amount of border patrol or improved security will be able to halt.

If these children deserve compassion, and they do, then by all means the U.S. should extend it to them. If it means more aid to the countries where they must be repatriated or the creation of centers in those countries where they can be protected against predators and poverty, then so be it. But if they are allowed to stay we might as well kiss goodbye any hope of America being able to police its borders or to have a say in who comes or goes.

As the people of many Central American nations have learned to their sorrow, the collapse of the rule of law means is the beginning of the rule of predators and the end of compassion. If we are to avoid the same fate and to be of any use to those who understandably wish to come here–whether legally or illegally–we must not allow a false argument for compassion to undermine our rule of law.

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Obama’s Katrina? It’s Actually Worse

For once, I have to agree with the White House. They’re right to deny that the debacle along the border with Mexico is President Obama’s Hurricane Katrina moment. It’s actually much worse.

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For once, I have to agree with the White House. They’re right to deny that the debacle along the border with Mexico is President Obama’s Hurricane Katrina moment. It’s actually much worse.

White House Domestic Policy Council Director Cecilia Muñoz said it wasn’t fair to compare the debacle along the border with Mexico to Hurricane Katrina. She’s right about that. The Katrina analogy has been mooted by a number of conservative writers but got some extra juice this week when Democrat Rep. Henry Cuellar, whose Texas district is situated along the border where locals have been overwhelmed by the surge of illegal immigration, used the K word when discussing President Obama’s reaction to the problem. Obama’s decision to avoid the border this week even though he was already scheduled to go to Texas for a political fundraiser was widely compared to the awful optics that ensued when President Bush was photographed flying over New Orleans after it was devastated by the storm.

Bush had good reasons for not parachuting into an area where first responders and reinforcements were already overwhelmed by the disaster. His presence on the ground would have done nothing to help anyone. Nor is it clear that Obama going to the border would do a thing to fix the crisis there. Yet both presidents suffered for those decisions because their physical distance from events was interpreted by the public as symbolic of their indifference to problems the federal government seemed unable to fix.

But contrary to the White House interpretation of events, the injustice here is not to Obama but to Bush. After all, despite some of the more extreme criticisms aimed at the 43rd president, nobody really believed Bush was capable of causing bad weather or had any impact on whether the levees were strong enough to prevent floods. Katrina was a natural disaster and though the response to it was clearly inadequate, the failures were mostly the fault of the collapse of local and state authorities rather than federal bungling. The push to blame Bush for it was largely the result of media distortions in which the perception of racism overwhelmed the facts.

Though real, the suffering along the border isn’t quite on the scale of the destruction of a major American city, but it must also be pointed out that this isn’t a natural disaster. While we can debate about what the best response to it now would be, attempts to deny that the massive increase in the influx of illegals is largely due to the president’s statements about allowing children to stay are unpersuasive. Bush didn’t make the weather but, like it or not, Obama did encourage the people of Central America to believe that all they had to do to attain residency in the U.S. was to make it across the border. Even worse, his response to the crisis has seemed to center on attempts to blame it on Republican unwillingness to adopt immigration reform rather than on an effort to defend the border and to ensure that the influx of illegals are swiftly sent home.

But the problem here isn’t merely one of perception. Nor is it strictly speaking a matter of fixing an immigration system badly in need of repair.

Even if House Republicans had embraced the bipartisan comprehensive immigration bill passed by the Senate last year, the situation along the border might be just as bad. The legislation did call for a massive increase in spending on border security. But even though I think the bill was worthy of support, it’s hard to argue with conservatives who point out that Obama has shown little interest in policing the border while simultaneously making it clear that he was willing to allow illegals to stay in the country.

Moreover, the push from the United Nations, welcomed by some liberals, to treat illegals from El Salvador, Guatemala, and Honduras as “refugees” rather than mere illegal aliens shows the danger that stems from Obama’s attitudes. The violence in these countries is nothing new. Those who came here did so primarily for understandable economic reasons. While Republicans need to consider administration calls for granting the government $3.7 billion in emergency funds to deal with the crisis, the real problem is an administration that has acted to bypass Congress and refused to enforce immigration laws that it doesn’t like.

Will Obama be hurt as much by the border fiasco as Bush was by the hurricane? No. Though the president has damaged his standing with the public—including many who agree with him on immigration reform—by the indifferent response to the crisis, the mainstream media continues to have his back even as his second term heads inevitably toward lame duck status. There will be no press pile-on about Obama hobnobbing with Democratic donors who paid $10,000 to nosh on barbecue in the presidential presence the way Bush was crucified for his Katrina fly-by.

But what we are witnessing is a humanitarian disaster that was created by a thoughtless administration that has trashed the rule of law on immigration and found itself surprised by a crisis of its own making. As bad as Bush’s hurricane optics were, history will judge Obama’s behavior far more harshly.

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Border Chaos Will Hurt Democrats

For most of the last two years, immigration has been an issue that worked in favor of President Obama and Democrats. But the flood of illegals in the past few months that has brought large numbers of unaccompanied minors as well as adults into the country is changing the national conversation about this topic as well as the politics of immigration.

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For most of the last two years, immigration has been an issue that worked in favor of President Obama and Democrats. But the flood of illegals in the past few months that has brought large numbers of unaccompanied minors as well as adults into the country is changing the national conversation about this topic as well as the politics of immigration.

The spectacle of angry citizens trying to stop busloads of undocumented children being sent to a federal shelter in Murrieta, California last week shocked many around the nation. Yet while those outbursts were considered unseemly, the inability of the government to do anything to stem, let alone stop the wave of illegals was yet another disaster for an Obama administration that lately seems as if it is going through the motions. While the president is sticking to the same script he’s been using since before his reelection in which he blames Republicans for the failure to pass immigration reform, there’s no evading the fact that the latest surge of those coming into the country without permission is being widely blamed on his past statements opposing deportation of illegals. As much as hostility to Hispanic immigrants, many of whom are illegal, is a distinct liability for Republicans, the drama along the border is further undermining Obama’s authority and demonstrating that he seems to have lost any ability to control events.

Homeland Security Secretary Jeh Johnson’s appearance yesterday on NBC’s Meet the Press only added to the impression that the administration has no plan to deal to with the problem other than talking about GOP obstructionism. When asked point blank whether the more than 50,000 children who had streamed illegally into the country would be deported, he responded carefully about how complicated the subject was. But the bottom line here is that many of the illegals appear to have made a safe bet. If they can make it across the border after a harrowing journey in which many are victimized by criminal gangs or subjected to violence and other hardships, there is every reason to believe that most will wind up being allowed to stay.

I believe that those, like Mitt Romney, who have spoken in recent years about “self-deportation” as a solution to this problem have been engaged in magical thinking. The illegals are not going to deport themselves. Nor is there any prospect that even a less lethargic federal government under better leadership than we currently enjoy could possibly deport the 12 million people who are estimated to be here illegally. President Obama is right that comprehensive immigration reform is necessary. Republicans have been wrong to block it, especially since it presented an excellent opportunity to beef up border security. The negative message many on the right have been sending to Hispanics is also a long-term problem since it writes off a huge and growing demographic group.

But even if we admit that Republicans have failed here, that doesn’t constitute an excuse for Obama’s failure to govern or to control the border. Indeed, it’s clear that this particular surge was set off, in no small measure, by statements from the president that led many thinking about entering illegally to the not unreasonable conclusion that they had a good chance of being allowed to stay once they got here. This underlines the point that Republican backers of immigration reform like Senator Marco Rubio have tried to make: the “amnesty” for illegals that immigration foes dread is what is happening now under our current broken system. As much as we need it to be fixed, the president has exacerbated the crisis and Jeh Johnson’s poor performance in the face of this wave of young illegals is only making it worse.

The president’s defenders claim that what is happening now is a regional problem that has more to do with endemic violence in Central America and the desire of so many people there to come to this country rather than any statement issued by the White House. But this excuse doesn’t cut it. Regional violence and the dream of North American prosperity is nothing new. What is different now is that the illegals believe Barack Obama won’t throw them out.

Even supporters of immigration reform understand that what we are witnessing along the border is more than a humanitarian crisis. It is also the collapse of the rule of law. However great the misjudgments of many Republican lawmakers might be, Obama can’t evade his responsibility for governing and enforcing the law. His failure to do so creates the impression that government doesn’t function anymore, a factor that is more responsible for the hysteria in Murrieta than anti-immigrant sentiments. The problem with incumbency is not just the boredom of the public with a president after six years. It’s that they expect the president to govern and it is on this question that Obama will be judged. Democrats who think this won’t hurt them in the midterm elections aren’t thinking clearly.

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What’s Love Got to Do with It, Jeb?

Yesterday Jeb Bush said his decision to run for president in 2016 would hinge in small part on if he can advocate for his beliefs without getting drawn into a “political mud fight.” I’m not sure how anyone can expect to avoid the no-holds-barred style of political combat that comes with a presidential candidacy but if Bush does run, it’s likely that another passage in that Fox News interview will supply his detractors with some of the ammunition that they will use against him:

There are means by which we can control our border better than we have. And there should be penalties for breaking the law. But the way I look at this — and I’m going to say this, and it’ll be on tape and so be it. The way I look at this is someone who comes to our country because they couldn’t come legally, they come to our country because their families — the dad who loved their children — was worried that their children didn’t have food on the table. And they wanted to make sure their family was intact, and they crossed the border because they had no other means to work to be able to provide for their family. Yes, they broke the law, but it’s not a felony. It’s an act of love. It’s an act of commitment to your family. I honestly think that that is a different kind of crime that there should be a price paid, but it shouldn’t rile people up that people are actually coming to this country to provide for their families.

Bush’s position makes a lot of sense but unfortunately—and he knew when he uttered those words—only one phrase will be remembered: “act of love.” Suffice it to say that this son and younger brother of presidents will be endlessly mocked by many, if not most, conservatives for expressing what will be depicted as a bleeding heart liberal’s view of illegal immigrants. That Bush would campaign as an advocate for immigration reform—a position that is considered anathema by many in the Republican Party’s grass roots—was never in doubt. But what makes this a political gaffe of a sort is that Bush chose to make the argument for a rational approach to the fact that 12 million illegals are in the country by playing the sympathy card rather than an appeal to cold, hard economic logic.

Those who believe that the rule of law is at stake in the effort to punish illegals can’t be blamed for taking out the proverbial world’s smallest violin in response to Jeb Bush’s effort to evoke compassion for those who cross the border without permission. People don’t come to the United States out of pure love. They do it because there are jobs waiting for them that are not being filled by those already here.

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Yesterday Jeb Bush said his decision to run for president in 2016 would hinge in small part on if he can advocate for his beliefs without getting drawn into a “political mud fight.” I’m not sure how anyone can expect to avoid the no-holds-barred style of political combat that comes with a presidential candidacy but if Bush does run, it’s likely that another passage in that Fox News interview will supply his detractors with some of the ammunition that they will use against him:

There are means by which we can control our border better than we have. And there should be penalties for breaking the law. But the way I look at this — and I’m going to say this, and it’ll be on tape and so be it. The way I look at this is someone who comes to our country because they couldn’t come legally, they come to our country because their families — the dad who loved their children — was worried that their children didn’t have food on the table. And they wanted to make sure their family was intact, and they crossed the border because they had no other means to work to be able to provide for their family. Yes, they broke the law, but it’s not a felony. It’s an act of love. It’s an act of commitment to your family. I honestly think that that is a different kind of crime that there should be a price paid, but it shouldn’t rile people up that people are actually coming to this country to provide for their families.

Bush’s position makes a lot of sense but unfortunately—and he knew when he uttered those words—only one phrase will be remembered: “act of love.” Suffice it to say that this son and younger brother of presidents will be endlessly mocked by many, if not most, conservatives for expressing what will be depicted as a bleeding heart liberal’s view of illegal immigrants. That Bush would campaign as an advocate for immigration reform—a position that is considered anathema by many in the Republican Party’s grass roots—was never in doubt. But what makes this a political gaffe of a sort is that Bush chose to make the argument for a rational approach to the fact that 12 million illegals are in the country by playing the sympathy card rather than an appeal to cold, hard economic logic.

Those who believe that the rule of law is at stake in the effort to punish illegals can’t be blamed for taking out the proverbial world’s smallest violin in response to Jeb Bush’s effort to evoke compassion for those who cross the border without permission. People don’t come to the United States out of pure love. They do it because there are jobs waiting for them that are not being filled by those already here.

This goes to the heart of the long-running argument about immigration on the right. Much of the left spent most of the last century trying to rewrite or ignore basic economic truths in order to make it conform to false Marxist theories. Nowadays, conservatives seek to do the same by saying that basic laws of supply and demand with regard to employment can be overcome in order to keep immigrants from Mexico or other Latin American countries out. Some make these arguments because of a reasonable concern over our porous borders. Others do so because they want to exclude Hispanics for either racial or political reasons. But either way, they are asking us to ignore the basic fact that as long as there are low paying jobs that most Americans won’t fill, immigrants, whether legal or illegal will find a way to take them.

As much as there is a strong case to be made for strengthening border security, the idea that 12 million people can be deported at the stroke of a pen or that there will be no negative consequences (regardless of the negative impact on the future prospects of Republicans if they continue to alienate Hispanics with negative stands on immigration) is fanciful.

It’s an open question as to whether enough Republican primary voters will listen to such commonsense arguments in 2016, whether made by Jeb Bush or someone else. But there is certainly an opening for someone to speak truth to them on this issue rather than merely engaging in the sort of “severely conservative” rabble rousing on immigration that Mitt Romney employed in order to distract GOP voters from his inconsistency on state-run health care. But my advice to anyone who tries to do so would be to leave love out of it.

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The GOP and Scott’s Immigration Flip

When Rick Scott successfully ran for governor of Florida in 2010 beating Democrat Alex Sink, he called for a crackdown on illegal immigration. He endorsed Arizona’s controversial law calling for law enforcement authorities to check the immigration status of those who were arrested, blamed illegals for taking jobs away from Floridians, and said they should be sent back where they came from. But, due in no small part to support from the Cuban-American community, he wound up winning a whopping 50 percent of the Hispanic vote according to exit polls that year.

Despite calls from other Republicans who interpreted their 2012 defeat in the presidential election as a sign they needed to start thinking differently about immigration, he has generally stuck to that hard line, even vetoing a bill passed by the GOP-controlled legislature that would have allowed the children of illegal immigrants to get driver’s licenses. But apparently Scott, who trails his predecessor Charlie Crist in all the polls, may be thinking that now would be a good time to reach out to Hispanics who regard immigration as a litmus test.

As Fox News Latino reports:

Florida Gov. Rick Scott, who urged a crackdown on immigration four years ago, is throwing his support behind a bill that would allow qualified Florida students to pay in-state college tuition rates even if they are in the country illegally. But Scott is supporting the idea as long as it is combined with his own proposal to place limits on how much state universities can raise tuition each year.

It’s not entirely clear what Scott is up to, but this has the feel of an election-year conversion that is more likely to anger right-wing opponents of immigration than it will entice Hispanic voters to vote for him. If so and if Scott winds up losing to the former Republican-turned-independent-turned-Democrat Crist, then it is likely that conservatives will blame it on the governor’s lack of principles rather than on faulty policies. But Scott’s fate is not the only matter at stake in this debate. Though Florida’s electorate has a different makeup than other states with large Hispanic populations, the governor’s flip-flop may be a sign that even those who benefitted from rabble-rousing anti-immigrant stands in the past are starting to realize that the negative fallout from that position may be greater than the benefits.

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When Rick Scott successfully ran for governor of Florida in 2010 beating Democrat Alex Sink, he called for a crackdown on illegal immigration. He endorsed Arizona’s controversial law calling for law enforcement authorities to check the immigration status of those who were arrested, blamed illegals for taking jobs away from Floridians, and said they should be sent back where they came from. But, due in no small part to support from the Cuban-American community, he wound up winning a whopping 50 percent of the Hispanic vote according to exit polls that year.

Despite calls from other Republicans who interpreted their 2012 defeat in the presidential election as a sign they needed to start thinking differently about immigration, he has generally stuck to that hard line, even vetoing a bill passed by the GOP-controlled legislature that would have allowed the children of illegal immigrants to get driver’s licenses. But apparently Scott, who trails his predecessor Charlie Crist in all the polls, may be thinking that now would be a good time to reach out to Hispanics who regard immigration as a litmus test.

As Fox News Latino reports:

Florida Gov. Rick Scott, who urged a crackdown on immigration four years ago, is throwing his support behind a bill that would allow qualified Florida students to pay in-state college tuition rates even if they are in the country illegally. But Scott is supporting the idea as long as it is combined with his own proposal to place limits on how much state universities can raise tuition each year.

It’s not entirely clear what Scott is up to, but this has the feel of an election-year conversion that is more likely to anger right-wing opponents of immigration than it will entice Hispanic voters to vote for him. If so and if Scott winds up losing to the former Republican-turned-independent-turned-Democrat Crist, then it is likely that conservatives will blame it on the governor’s lack of principles rather than on faulty policies. But Scott’s fate is not the only matter at stake in this debate. Though Florida’s electorate has a different makeup than other states with large Hispanic populations, the governor’s flip-flop may be a sign that even those who benefitted from rabble-rousing anti-immigrant stands in the past are starting to realize that the negative fallout from that position may be greater than the benefits.

Given the desire of conservatives to turn out to send a message to Washington against President Obama and especially ObamaCare, perhaps it’s smart politics for Scott to risk a backlash from conservatives. But his decision to break down and start mending fences with those who want a softer approach to illegal immigration has an air of desperation about it. The governor has had a rocky term in Tallahassee and is easily among the most vulnerable GOP incumbents in 2014. Even taking into account the fact that the large Cuban-American demographic in Florida is more Republican than any other group of Hispanics, his standing among Hispanic voters has dropped since his 2010 win. Though he remains within striking distance of Crist and can count on a midterm environment that looks to be very friendly to Republicans (as the vote in the special election in Florida’s 13th Congressional District showed on Tuesday), Scott remains an underdog heading toward November.

Nevertheless, Scott’s abandonment of the anti-immigration crowd this year may be a signal that some Republicans are starting to understand that bashing illegals may not be quite as potent a talking point as it was only four years ago. It was one thing for Scott to urge that the 800,000 illegals in Florida be deported when he was running for office. But that sort of empty threat rings hollow from someone sitting in the governor’s chair. Support for DREAM Act-type measures such as those involving in-state tuition rates are growing, making those holding the line against them look mean-spirited and out of touch with reality. That’s why GOP majorities in the legislature have backed such stands.

Moreover, if Republicans are going to be able to build winning coalitions in the future, they’re going to need Hispanic votes. In Florida, that once meant just taking a strong stand against the Communist regime in Havana. But even Cuban-Americans may now require more than a casual swipe at Castro in order to gain their support.

If Scott is defeated this year, it’s likely that it won’t be due primarily to his position(s) on immigration. But by doing an about-face on the issue in the middle of a tough reelection race, he has certainly given other Republicans food for thought about how best to build a majority in an era when Hispanic votes are up for grabs.

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Can Israel Solve Africa’s Economic Woes?

One of the leading talking points of Israel-bashers these days is the treatment of African economic migrants who have illegally crossed into the Jewish state. Nearly 60,000 of these people who are for the most part from the Sudan or Eritrea and have no ties to the country or claim on its people have made their way to Israel in the last several years. In a nation of only seven million people living in a country the size of New Jersey, that’s the equivalent of about 2.7 million illegal immigrants showing up in the Garden State. As such, a group of this size arriving uninvited present a huge problem for any nation, even one whose entire identity is based on immigration, as is Israel’s.

But instead of sympathy or perhaps a helping hand from an international community that surely bears more responsibility for the plight of people from the Horn of Africa than Israel, its struggles to deal with this insoluble problem have become yet another club with which anti-Zionists seek to delegitimize the Jewish state. This is hypocrisy of the first order and the inordinate attention given these Africans by the Western media—such as the article published today by the New York Times—in a world where tens of millions of refugees and economic migrants are to be found, once again illustrates the double standard by which Israel is judged on any conceivable issue.

It is to be conceded that not everyone in Israel has behaved appropriately toward the migrants. Anger, insults, and threats from people in neighborhoods where illegals have concentrated, as well as from a few rabble-rousing politicians, hasn’t helped the country’s reputation. The plight of people stuck in limbo without legal status where they are and nowhere else to go should arouse the sympathy of any decent person. But the notion that it is somehow Israel’s responsibility to cope with the impact of economic distress in the Horn of Africa is not a defensible or reasonable position to take.

Were that many people to show up in virtually any country in the world, especially all the other countries of the Middle East which are ruled by various kinds of tyrants, it doesn’t take much imagination to consider the kind of treatment they would get. But in democratic Israel where Jewish religious values about welcoming the stranger are part of the culture, these African newcomers have been spared the sort of abuse they would have gotten anywhere else in the region. Indeed that, and the fact that Israel has a booming First World economy, is the only reason why so many have tried to sneak into Israel to find work. Were they just a few, they might well have been allowed to stay. But once the number reached the tens of thousands, with many working illegally and with some committing crimes, that wasn’t an option. Since deportation back to their home countries would likely result in dire consequences for the migrants and no one else wants them, Israel is stuck with them until someone can come up with a solution.

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One of the leading talking points of Israel-bashers these days is the treatment of African economic migrants who have illegally crossed into the Jewish state. Nearly 60,000 of these people who are for the most part from the Sudan or Eritrea and have no ties to the country or claim on its people have made their way to Israel in the last several years. In a nation of only seven million people living in a country the size of New Jersey, that’s the equivalent of about 2.7 million illegal immigrants showing up in the Garden State. As such, a group of this size arriving uninvited present a huge problem for any nation, even one whose entire identity is based on immigration, as is Israel’s.

But instead of sympathy or perhaps a helping hand from an international community that surely bears more responsibility for the plight of people from the Horn of Africa than Israel, its struggles to deal with this insoluble problem have become yet another club with which anti-Zionists seek to delegitimize the Jewish state. This is hypocrisy of the first order and the inordinate attention given these Africans by the Western media—such as the article published today by the New York Times—in a world where tens of millions of refugees and economic migrants are to be found, once again illustrates the double standard by which Israel is judged on any conceivable issue.

It is to be conceded that not everyone in Israel has behaved appropriately toward the migrants. Anger, insults, and threats from people in neighborhoods where illegals have concentrated, as well as from a few rabble-rousing politicians, hasn’t helped the country’s reputation. The plight of people stuck in limbo without legal status where they are and nowhere else to go should arouse the sympathy of any decent person. But the notion that it is somehow Israel’s responsibility to cope with the impact of economic distress in the Horn of Africa is not a defensible or reasonable position to take.

Were that many people to show up in virtually any country in the world, especially all the other countries of the Middle East which are ruled by various kinds of tyrants, it doesn’t take much imagination to consider the kind of treatment they would get. But in democratic Israel where Jewish religious values about welcoming the stranger are part of the culture, these African newcomers have been spared the sort of abuse they would have gotten anywhere else in the region. Indeed that, and the fact that Israel has a booming First World economy, is the only reason why so many have tried to sneak into Israel to find work. Were they just a few, they might well have been allowed to stay. But once the number reached the tens of thousands, with many working illegally and with some committing crimes, that wasn’t an option. Since deportation back to their home countries would likely result in dire consequences for the migrants and no one else wants them, Israel is stuck with them until someone can come up with a solution.

For Israel-haters, the scattered sentiments of some Israelis in South Tel Aviv neighborhoods that found themselves hosting thousands of desperate illegals and suffering the normal increase in crime as a result is proof that racism is normative behavior in the state. But anyone who knows anything about Israel’s history knows that this is bunk. Israel absorbed tens of thousands of black Jews from Ethiopia in the last 30 years. Though their absorption has not been seamless or without incident, they are now part of the fabric of the country, serve in the army, and even in the Knesset.

But under what distorted sense of morality is Israel held to be particularly at fault for treating people who cross its borders illegally as having committed a criminal act and therefore subject to detention? Even if you are deeply sympathetic to the migrants, as many Israelis are, is there a sovereign nation in the world that does not feel entitled to control its borders, especially when those frontiers also need to be defended against terrorists and hostile powers? Do those who protest Israel’s treatment of these people, in which many are kept in open detainment centers think that other democracies, such as the United States, would treat such people any better? Under those circumstances how can any reasonable person criticize Prime Minister Netanyahu’s pledge to defend his country’s borders and to enforce its laws.

Many of the migrants claim they are seeking political asylum rather than just jobs, but this is patently untrue of most of them, as their behavior has suggested. If Westerners would like to help them, they are free to welcome them into their own countries. Failing that, Israel deserves either some constructive help, such as an international diplomatic initiative that would force Sudan and Eritrea to guarantee their safety upon their return home, or be allowed to deal with the situation as best they can. Until they do either of those things or come up with a solution that doesn’t involve Israel being forced to accept economic refugees as legal immigrants in a manner that no other nation on the planet would ever consider, Western critics should pipe down.

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Is Reid Bluffing on Border Security?

The bipartisan immigration reform seems to have gathered momentum in recent weeks, but the path to eventual passage is by no means clear. As Seth noted again yesterday, President Obama continues to walk the fine line between cheerleading for the legislation and statements that could be aimed at alienating potential Republican supporters for the bill. But Obama’s histrionics, such as his completely unnecessary dog-and-pony show for the media yesterday, may not be the real problem. As the Senate prepares to debate the measure and consider amendments, the real obstacle could turn out to be Harry Reid. The majority leader weighed in today on the bill and issued a warning that should worry the gang of eight that produced the reform package more than its opponents.

As Politico reports:

Senate Majority Leader Harry Reid indicated on Wednesday that he would not allow the Gang of Eight immigration bill to require stricter border security measures merely in order to attract Republican votes.

“Our goal now is to pass the strongest legislation possible with as many votes as possible while staying true to our principles,” Reid said.

Staying true to principles is one thing, but a refusal to negotiate in good faith with Republicans who are looking to find a way to support the measure is quite another. Reid is on record calling Texas Senator John Cornyn’s amendment that would include a “hard trigger” on enforcement before illegal immigrants can hope for citizenship a poison pill. But unlike Reid, gang leader Chuck Schumer is keeping quiet while making it clear that he is ready to talk to GOP senators who remain on the fence and to come up with a compromise that will strengthen enforcement. Schumer is intent on getting a bill that will have the kind of broad-based support that will give it a chance of passage in the House of Representatives while Reid seems more interested in a result that would ensure it fails in the other body so as to give Democrats a chance to blame the GOP for failure.

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The bipartisan immigration reform seems to have gathered momentum in recent weeks, but the path to eventual passage is by no means clear. As Seth noted again yesterday, President Obama continues to walk the fine line between cheerleading for the legislation and statements that could be aimed at alienating potential Republican supporters for the bill. But Obama’s histrionics, such as his completely unnecessary dog-and-pony show for the media yesterday, may not be the real problem. As the Senate prepares to debate the measure and consider amendments, the real obstacle could turn out to be Harry Reid. The majority leader weighed in today on the bill and issued a warning that should worry the gang of eight that produced the reform package more than its opponents.

As Politico reports:

Senate Majority Leader Harry Reid indicated on Wednesday that he would not allow the Gang of Eight immigration bill to require stricter border security measures merely in order to attract Republican votes.

“Our goal now is to pass the strongest legislation possible with as many votes as possible while staying true to our principles,” Reid said.

Staying true to principles is one thing, but a refusal to negotiate in good faith with Republicans who are looking to find a way to support the measure is quite another. Reid is on record calling Texas Senator John Cornyn’s amendment that would include a “hard trigger” on enforcement before illegal immigrants can hope for citizenship a poison pill. But unlike Reid, gang leader Chuck Schumer is keeping quiet while making it clear that he is ready to talk to GOP senators who remain on the fence and to come up with a compromise that will strengthen enforcement. Schumer is intent on getting a bill that will have the kind of broad-based support that will give it a chance of passage in the House of Representatives while Reid seems more interested in a result that would ensure it fails in the other body so as to give Democrats a chance to blame the GOP for failure.

Reid has a point when he says that Cornyn’s insistence on a 90 percent illegal border apprehension rate is probably unrealistic. Nothing short of a great wall that stretches along the length of the border accompanied by massive patrols would be enough to ensure that rate. But, as even gang member Marco Rubio has stated, the bill can stand to have its enforcement mechanism strengthened. What’s needed now is a willingness on the part of both sides of the aisle to compromise on a measure that would make the trigger provisions harder while not making them so tough so as to make it impossible to achieve.

While this may seem like the usual partisan jockeying back and forth that accompanies every legislative challenge, how each side handles the issue of border security is a true test of their sincerity on wanting a solution to a broken immigration system.

For Democrats, a willingness to toughen the measure will answer the question as to whether their goal here is to actually pass a bill or, as many Republicans have long suspected, an attempt to orchestrate a process by which the GOP can be blamed for failure. Schumer understands that while he has the votes for Senate passage, in its current form, the gang’s bipartisan compromise will have little chance in the House. While the two bodies are certain to pass versions that will be different and require delicate negotiations in conference, if the Senate version includes a tougher enforcement mechanism, a deal will be possible.

On the other hand, Republican motives are likewise suspect. If Republicans won’t agree to enforcement mechanisms that contain realistic goals, they will be rightly suspected of merely attempting to sabotage the bill. Just as Democrats act at times as if they are merely trying to maneuver the bill to failure, some conservatives appear to be more interested in preventing the passage of any bill that will allow illegals a path to citizenship than they are in actually fixing a broken system.

As Rubio has repeatedly stated, the talk about “amnesty” from the right is empty rhetoric. The real “amnesty” is the status quo that may not give illegals a way to citizenship but also offers no hope of resolving an untenable situation where more than 11 million persons are in legal limbo. The loose talk among conservatives that immigration reform will merely facilitate the legalization of millions of new Democratic voters merely worsens the Republican Party’s already dismal appeal to Hispanics. If House and Senate conservatives aren’t willing to compromise and accept a tougher enforcement regime in exchange for legalization, it will be possible for Democrats to claim their only goal was denying citizenship to illegals.

The rule of law that right-wingers claim to be defending in this debate isn’t enhanced by votes that will preserve the status quo. Likewise, Democrats who say they want to help resolve the dilemma of 11 million illegals must compromise on enforcement if their campaign is to be viewed as anything but a 2014 election maneuver. Right now, Harry Reid needs to prove that he really wants immigration reform and be willing to change the bill to toughen it up. If that happens, Republicans will face a similar test.

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Will Obama Sabotage Immigration Deal?

Eight years after Congressional opponents pronounced President George W. Bush’s immigration reform plan dead on arrival, there appears to be a real opportunity that a far-reaching proposal on the subject will pass the Senate.  As the Washington Post reports, a working group of senators, including heavy hitters from both sides of the aisle, are close to an agreement on the principles for changing the country’s immigration laws. According to the Post, the proposal, which could be announced as early as a week from today will include the following:

The working group’s principles would address stricter border control, better employer verification of workers’ immigration status, new visas for temporary agriculture workers and expanding the number of visas available for skilled engineers. They would also include a call to help young people who were brought to the country illegally as children by their parents become citizens and to normalize the status of the nation’s 11 million illegal immigrants.

The plan, which is the result of talks including Democrats Robert Menendez, Richard Dubin, Charles Schumer, Michael Bennett and Republicans Marco Rubio, Lindsay Graham, John McCain and Jeff Flake. While there are still some disagreements to be ironed out since Rubio believes that illegals should have to wait for citizenship until those who arrived legally are accommodated while Democrats disagree, this may be the best chance to pass a bill dealing with the problem in decades. But there is one potential obstacle: President Obama.

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Eight years after Congressional opponents pronounced President George W. Bush’s immigration reform plan dead on arrival, there appears to be a real opportunity that a far-reaching proposal on the subject will pass the Senate.  As the Washington Post reports, a working group of senators, including heavy hitters from both sides of the aisle, are close to an agreement on the principles for changing the country’s immigration laws. According to the Post, the proposal, which could be announced as early as a week from today will include the following:

The working group’s principles would address stricter border control, better employer verification of workers’ immigration status, new visas for temporary agriculture workers and expanding the number of visas available for skilled engineers. They would also include a call to help young people who were brought to the country illegally as children by their parents become citizens and to normalize the status of the nation’s 11 million illegal immigrants.

The plan, which is the result of talks including Democrats Robert Menendez, Richard Dubin, Charles Schumer, Michael Bennett and Republicans Marco Rubio, Lindsay Graham, John McCain and Jeff Flake. While there are still some disagreements to be ironed out since Rubio believes that illegals should have to wait for citizenship until those who arrived legally are accommodated while Democrats disagree, this may be the best chance to pass a bill dealing with the problem in decades. But there is one potential obstacle: President Obama.

The question facing Senate negotiators this weekend is whether their hard work crafting a bipartisan compromise will be blown up by the president’s determination to exploit the issue for political purposes. Though he has said that immigration reform is a priority, the senators may be holding their breath this weekend to see if Obama’s scheduled speech in Las Vegas next week will reinforce their efforts or making it more difficult for Republicans to work with the Democrats on the legislation.

Though the president spent most of his first term posing somewhat disingenuously as an advocate of balanced approaches on the issues and working for bipartisan consensus. But since his re-election he has dropped that pretense and adopted a more straightforward strategy aimed at demonizing Republicans and branding them as extremists. Since he knows it is more in the interests of his party to ensure that Hispanics believe all Republicans are enemies of immigrants than to pass a common sense bill, it would be entirely in character for him to spend the upcoming weeks blasting the GOP on the issue rather than piping down just at the moment when a deal is in the offing.

Rubio’s work in paving the way for Republican acceptance of a reform bill has been exemplary. As the Huffington Post reported, Rubio has taken to the airwaves speaking on conservative talk shows and has, surprisingly, received a good reception even from heretofore-staunch opponents of any solution other than the fantasy of deporting 12 million illegals. With the support of other conservatives like Paul Ryan, his initiative stands a good chance of passing in the House, provided the Senate has already adopted it.

But even Democrats are worried that Obama’s slash and burn tactics will turn immigration into a partisan issue and make it impossible to carry through both Houses of Congress.

As the Post notes:

Some Democrats in the House, including Rep. Luis V. Gutierrez (D-Ill.), have cautioned that the White House could harm the bid for bipartisan support if it acts too aggressively by authoring its own legislative proposal.

But left-wing activists whose primary purpose is to recruit Hispanics to vote for the Democrats aren’t the least interested in Gutierrez’s legitimate concerns. Rather than urging, as they should, that Obama stand aside and let this be a bipartisan compromise, some union hacks like the Service Employees International Union’s Eliseo Medina are egging the president on to grandstand on the issue.

Rubio has been making progress towards persuading conservatives that their worries about “amnesty” are wrongheaded since the existing mismanaged and inefficient system neither protects our borders nor deals fairly with immigrants. He’s right. Republicans should understand that the current mess harms our economy and undermines support for the rule of law. A bill along the outlines that the Senate group is working on is long overdue. Bringing undocumented aliens into the system is good public policy and it is also good politics for Republicans who need to stop playing the anti-immigrant card as Mitt Romney did last year.

But after years of advocating for genuine compromise with Republicans on tough issues, it’s by no means clear whether the president has any interest in seizing a chance to pass immigration reform if it means a bipartisan deal.

The president said last week that he’s not to blame for the lack of communication between the White House and Congress. But the fiscal cliff agreement brokered by Vice President Biden illustrated that his boss was neither interested in nor capable of working with Congress. At times, the president seemed to be working to undermine the deal that eventually passed with inflammatory rhetoric intended to make conservatives dig in rather than to bend a bit. Should the president continue to play partisan politics on immigration just at the moment when he ought to be working quietly behind the scenes to get Republicans on board, it will be the immigrants who will suffer. If immigration reform fails again this year, the likely culprit will not be a faction of conservative hardliners but a liberal president more interested in exploiting Hispanic fears than getting a bill passed.

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