Commentary Magazine


Topic: immigration reform

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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Should the GOP Link Lynch to Immigration?

Fresh off their victory in last week’s midterm elections, Republicans are bursting with ideas about implementing their agenda but also spoiling for a fight with a president who arrogantly thinks the verdict of the voters shouldn’t affect his policies. But those who think it’s a good idea to fire on the first administration target to come into range may be making a mistake. While the GOP will be right to use every opportunity to push back against President Obama’s likely decision to bypass Congress and seek to legalize millions of illegal immigrants, linking that arrogant move to efforts to block or stall the confirmation of Loretta Lynch as attorney general won’t accomplish much.

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Fresh off their victory in last week’s midterm elections, Republicans are bursting with ideas about implementing their agenda but also spoiling for a fight with a president who arrogantly thinks the verdict of the voters shouldn’t affect his policies. But those who think it’s a good idea to fire on the first administration target to come into range may be making a mistake. While the GOP will be right to use every opportunity to push back against President Obama’s likely decision to bypass Congress and seek to legalize millions of illegal immigrants, linking that arrogant move to efforts to block or stall the confirmation of Loretta Lynch as attorney general won’t accomplish much.

Senators Ted Cruz and Mike Lee stated clearly that they intend to use Lynch’s confirmation to grill the nominee on whether she thinks the president’s planned executive orders on amnesty are constitutional. More to the point, they and other conservatives are seeking to get some commitments from Lynch on her willingness to avoid the kind of selective enforcement of the law that characterized the tenure of her predecessor Eric Holder.

That should make for some good television but even the brash Cruz must understand that he and his colleagues must tread carefully when questioning the first African American woman selected to lead the Justice Department. This administration’s cheering sections in the mainstream media are quick to cry racism every time anyone blasts Obama’s policies or cry sexism when someone points out the damaging role being played by Obama confidante Valerie Jarrett. So it won’t take much for the same crew to try to portray tough questioning of Lynch as a new edition of the Spanish Inquisition.

Republicans will rightly dismiss that as just another instance of media bias by a press corps that will probably continue to operate as a cheering section for President Obama until the day he vacates the White House. But that doesn’t mean the GOP should walk into the trap the president is setting for them. Turning Lynch into a victim won’t be tactically smart especially since she is viewed as a non-political career prosecutor rather than another Obama crony like Holder.

It’s not clear what options Republicans will have if the president goes ahead and seeks to run roughshod over the Constitution by seeking to govern on his own without the consent of Congress. The GOP may try to defund those agencies involved in any mass amnesty plan, though doubtless Majority Leader Mitch McConnell will keep his pledge to avoid any potential government shutdown scenarios. So that may leave the court of public opinion as the best avenue for venting outrage over a move that will endear Democrats to many Hispanics while outraging those who think, whatever their views about the need for immigration reform, the rule of law should not be trashed in order for the president to get his way on the issue.

The president may want the lame duck session of Congress to vote on Lynch but there’s no reason to rush this confirmation so as to avoid giving newly elected senators a shot at asking pointed questions. But while the GOP should not flinch from raising this issue every chance they get in the coming months, not every Obama appointment will serve this cause as well as others. Though conservatives want to fight Obama over everything and anything, a scattershot approach will only serve to help him spin his lawless ways as less provocative than a senatorial grilling of a woman they can’t lay a glove on. Having been presented with a seemingly unexceptional appointment, turning Lynch into a piñata over immigration could be tactically inept. There will be other, better targets for Republican scrutiny in the coming months. Until they come along, the GOP may do better to keep their powder dry and not start a nomination fight that they won’t win.

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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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Is Rubio Not Ready or Just Willing to Think?

South Carolina Senator Lindsey Graham is not very happy with one of his Republican colleagues. During the course of an interview with the Weekly Standard’s Stephen Hayes published today in which he floated the possibility of running for president, Graham dismissed the possibility that Florida’s Marco Rubio should also be considered for the Republican nomination. It’s hard to tell if he’s serious about 2016 but his criticism of Rubio, who, as Hayes pointed out, is at least as strong a voice on foreign policy as Graham, deserves a thorough examination.

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South Carolina Senator Lindsey Graham is not very happy with one of his Republican colleagues. During the course of an interview with the Weekly Standard’s Stephen Hayes published today in which he floated the possibility of running for president, Graham dismissed the possibility that Florida’s Marco Rubio should also be considered for the Republican nomination. It’s hard to tell if he’s serious about 2016 but his criticism of Rubio, who, as Hayes pointed out, is at least as strong a voice on foreign policy as Graham, deserves a thorough examination.

The possibility of a Rubio candidacy came up in this context because if the Republican Party were really turning back to its roots as a bulwark of support for national security and away from the isolationist wing led by Senator Rand Paul, then Rubio would appear to be one of the obvious choices as leader. While Graham and his pal Senator John McCain have been the loudest voices on behalf of interventionist policies, no one in the Senate has been as eloquent on the need for a coherent and strong U.S. foreign policy than Rubio.

But while McCain praised Rubio Graham gave his younger colleague the back of his hand in his conversation with Hayes:

I asked Graham about Rubio. Hasn’t he been making many of the arguments you’d be likely to make? Graham wasn’t impressed. “He’s a good guy, but after doing immigration with him—we don’t need another young guy not quite ready,” said Graham. “He’s no Obama by any means, but he’s so afraid of the right, and I’ve let that go.”

Graham’s problem with Rubio stems from the fact that after joining the bipartisan group backing a comprehensive immigration reform bill in 2013, Rubio eventually backed away from the legislation once it stalled in the House. While McCain, Graham and the other members of the bipartisan gang of eight that championed the reform package have stuck to their plan, Rubio now says that conservatives who demanded that the border security portion of the bill be done first before any changes in the immigration system — especially the effort to legalize illegal immigrants and/or grant them a path to citizenship — should be implemented.

For Graham, who is being pushed to think about running for president by his friend McCain, this shift by Rubio shows he doesn’t have the right stuff.

Graham is right to note that Rubio hasn’t always looked like a future president in the past two years. While, as McCain notes, his record on foreign policy has been “very impressive,” there have been moments when he looked uncertain and a bit too interested in tagging along with Republican elements who don’t share his views. The beating he took from the party’s hardliners on immigration did take a toll. But Graham is wrong to castigate Rubio for rethinking his stand on the reform bill. If anything, his willingness to react to events and draw conclusions from them rather than doggedly stick to an ideological position that had been mistaken is a sign of maturity, not inexperience.

The surge of illegals over the border in Texas this year showed that rather than fixing the immigration system, the talk of granting illegals a path to citizenship without first securing the border had created a new incentive for people to cross the border. Moreover President Obama’s threats, renewed last night, to act unilaterally to trash the rule of law and legalize illegals shows that this administration can’t be trusted to enforce any immigration law passed by Congress.

By adjusting his position, Rubio opened himself up to charges of being a flip-flopper and abandoning his positions in order to curry favor with conservatives. But in doing so, he also demonstrated an ability to address difficult issues soberly and in a manner that enables him to make decisions based on reality rather than an ideological position. That’s pretty much the opposite of the pattern demonstrated by Barack Obama, that Graham rightly disdains.

Graham’s chances of winning the Republican nomination are virtually non-existent. While he’s part of the GOP mainstream on foreign policy, no one who has spent so much time offending the party’s base is going to be its standard bearer in 2016. By contrast, though Rubio made a lot of enemies because of his immigration stand, as a former Tea Party insurgent, he has a lot better chance of reconciling with the conservative base than Graham.

But what’s really interesting about this discussion is that while earlier in the year it looked as if the GOP presidential field would not have any strong entries that championed a strong foreign policy, now the roster of potential candidates representing that point of view seems to be getting crowded. Potential symbolic candidacies like those of Rep. Peter King and former UN Ambassador John Bolton may be joined by Rubio and Graham as well as Senator Ted Cruz and Rick Santorum, both of whom also share many of the views espoused by McCain and other GOP hawks.

Graham’s carping about Rubio notwithstanding, the real news here is that as the isolationist moment in American politics ends, the GOP’s natural leaders on foreign policy are reasserting themselves.

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Obama Deportation Pledge Is Dem Dilemma

When it comes to immigration, President Obama and his party are between a rock and a hard place. But the president’s efforts to finesse the issue of deportations of illegal immigrants are creating as many problems for Democrats as they are solving. By postponing plans to issue executive orders that would effectively legalize millions of illegals, the president alienated Hispanics. But by publicly promising to do so only after the midterm elections in November, as he did last night in a speech to the Congressional Hispanic Caucus Institute gala, he may be dooming the red-state Democratic incumbents he sought to help by putting off the moves in the first place.

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When it comes to immigration, President Obama and his party are between a rock and a hard place. But the president’s efforts to finesse the issue of deportations of illegal immigrants are creating as many problems for Democrats as they are solving. By postponing plans to issue executive orders that would effectively legalize millions of illegals, the president alienated Hispanics. But by publicly promising to do so only after the midterm elections in November, as he did last night in a speech to the Congressional Hispanic Caucus Institute gala, he may be dooming the red-state Democratic incumbents he sought to help by putting off the moves in the first place.

No matter where you come down on the issue of immigration reform, the president’s plans to effectively nullify existing laws by executive fiat and allow millions of people to stay who might otherwise be deported is an egregious abuse of power. Those who want Congress to act to repair the country’s broken immigration system may well criticize the House of Representatives for failing to either pass the bipartisan comprehensive reform bill produced by the Senate or to move their own bill or bills. But their decision to hold off on such legislation does not entitle the president to act as if he can govern on his own without congressional consent.

But that is exactly what his restive Hispanic supporters have been demanding that he do for the last six years. Democrats need Hispanic voters to vote this fall in something like the same huge numbers that turned out for the president in 2012 in order to have a shot at holding on to the Senate. But many who blame the president for the high number of deportations of illegals that have been carried out on his watch have lost patience and see no reason to flock to the polls. That’s especially true in states where Democrats have opposed unilateral action by the president because they understand just how unpopular such moves are with most voters.

So in order to convince Hispanics to be good soldiers in the Democrat army, he is promising again that he will trash the rule of law and stop the deportations once the midterms are over. But the irony is that one of the Democrats most in need of those Hispanic voters not only opposed the president’s executive orders but also has demanded that he not use them even after November. North Carolina Senator Kay Hagan is one of the few embattled Democrats fighting for reelection this year that are still favored to win. But the more the president talks about overturning the laws and allowing millions of illegals to evade deportation, the worse her chances of holding onto a slim lead over Republican Thom Tillis look. Nor, even after Obama’s latest promises, is it likely that Hispanics will feel very enthusiastic about backing Hagan.

It should be understood that while a majority of Americans understand that the immigration system needs to be fixed and a solution found for the more than 11 million people who are already here illegally, they are not sanguine about measures that may invite even more illegal immigration in the future. The crisis at the Texas border this past summer highlighted the fact that reform efforts and the president’s statements have helped create a new surge of illegals. That has changed the debate about the issue in a way that places the president’s threats of unilateral action directly contrary to the will of the public and the Constitution.

The pledge to stop the deportations makes sense if the Democrats’ priority this year was to energize their base of minority voters. But the midterms are largely being fought in swing or red states where Republicans can just as easily batter their opponents by speaking of what the president has said he will do as they can by criticizing what he has already done. The GOP record on immigration isn’t good and ultimately they need to find a response to the issue that speaks of more than border security if they ever hope to make a dent in the Hispanic vote. But if Democrats think they can hold Congress by Obama acting in a manner that may well set off an even greater surge of illegals that will also hope to be eventually granted amnesty, they are mistaken.

The president’s plans undermine the rule of law while not really fixing the problem. But the more he talks about this sensitive issue, the more harm he is doing to the cause of his party.

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Obama’s Immigration Stall Fooling No One

Back in June, President Obama promised to use executive orders to legalize millions of illegal immigrants. This blatant attempt to bypass both Congress and the Constitution put embattled red state Senate Democrats in a bind since more evidence of Obama’s attempt to rule on his own might doom his party at a time when concern over illegal immigration is rising. But to the dismay of Hispanic activists, the president punted on the moves, saying earlier this week he would keep his promise but only after the midterm elections so as to give his party a fighting chance to hold the Senate. But postponement may not be enough. If Democrats are going to keep the Senate, Obama may have to promise never to do as his left-wing base bids.

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Back in June, President Obama promised to use executive orders to legalize millions of illegal immigrants. This blatant attempt to bypass both Congress and the Constitution put embattled red state Senate Democrats in a bind since more evidence of Obama’s attempt to rule on his own might doom his party at a time when concern over illegal immigration is rising. But to the dismay of Hispanic activists, the president punted on the moves, saying earlier this week he would keep his promise but only after the midterm elections so as to give his party a fighting chance to hold the Senate. But postponement may not be enough. If Democrats are going to keep the Senate, Obama may have to promise never to do as his left-wing base bids.

As Politico reports, some Democrats are demanding that the president go farther and promise not to issue any executive orders that would unilaterally transform our immigration system even after the congressional vote. In particular, North Carolina Senator Kay Hagan has asked that the president make it clear that the postponement of his plans be made permanent. Angus King of Maine, an independent that caucuses with the Democrats agrees and he isn’t even running for reelection this year.

The reason for their concerns can be seen in the latest NBC News/Wall Street Journal poll that came out earlier this week that showed the public now trusts Republicans to deal more effectively with immigration than Democrats by a 35 to 27 percent margin. That’s a startling reverse of the numbers in the same poll on this issue from last December when Democrats had a 31-26 percent edge. The jump in the GOP numbers can be attributed to the surge of illegal immigrants across the Texas border as a result of the belief that the president would offer amnesty to illegals soon.

Last year’s bipartisan Senate immigration reform bill that sought to both offer a path to citizenship for 11 million illegal immigrants already here and to tighten security at the border may have been popular. But in the wake of this summer fiasco on the Rio Grande, conservative arguments that the border must be fixed before a solution for the illegals now makes a great deal of sense.

Even more importantly, outside of Hispanic activists who have been clamoring for Obama to use executive orders to unilaterally change the law without the consent of Congress, even Democrats are very uncomfortable with the notion of Obama running roughshod over the Constitution to deal with immigration.

Even worse, as Hagan’s public fears make clear, no one was fooled by Obama’s transparently political motives for postponing his planned moves. Merely putting off the decision until after the election hasn’t defused the issue for those who are rightly upset about the president’s power grab. Conservatives were already more energized about this election than liberals but the possibility that the president will ignore the will of Congress and try to govern without its consent is exactly the sort of issue that will drive the GOP base to the polls. By contrast, the president’s punt will likely depress his liberal base especially as Hispanics are disappointed by Obama’s broken promise after so much hype about the plan over the summer.

Even as most of her southern Democratic colleagues are losing ground in the polls, Hagan got a boost in the polls last week as a result of a strong debate performance against GOP opponent Thom Tillis. But the race is still very close and Hagan knows it might will turn on the possibility that Obama will seek to thwart the Constitution and act on his own to grant millions of illegals a path to legalization if not citizenship. It could also potentially doom any hope of getting enough Republicans to vote for an immigration reform bill at some point in the future because distrust of the president is so intense.

It may be that Obama’s desire to bypass Congress and do as he likes may be sufficiently high that he will refuse to disavow acting on his own. That would be in character for a president who acts at times as if he is allergic to cooperating with the legislative branch. But if he continues to threaten to act in this manner, his party may pay a high price.

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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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Obama’s Immigration Punt Won’t Work

Analyses of President Obama’s decision not to make good on his pledge to use executive orders to grant legal status to millions of illegal immigrants are focusing today on the political implications of the move. But the notion that punting on immigration will save the Senate for the Democrats may be mistaken. By telling us that he is only putting off actions that bypass Congress until after the midterm elections, the president won’t disarm Republicans who are running against his lawless behavior while at the same time depressing liberal activists and minorities that Democrats desperately need to energize. It may be that his handling of this ill-considered proposal has worsened an already perilous situation for his party.

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Analyses of President Obama’s decision not to make good on his pledge to use executive orders to grant legal status to millions of illegal immigrants are focusing today on the political implications of the move. But the notion that punting on immigration will save the Senate for the Democrats may be mistaken. By telling us that he is only putting off actions that bypass Congress until after the midterm elections, the president won’t disarm Republicans who are running against his lawless behavior while at the same time depressing liberal activists and minorities that Democrats desperately need to energize. It may be that his handling of this ill-considered proposal has worsened an already perilous situation for his party.

The story of the plan for the president to unilaterally implement his own immigration reform package is one that highlights all of Obama’s characteristic shortcomings: poor planning, indecision, a willingness to throw his own party members under the bus to cover up his own faults, and a lack of principle.

Let’s start with the fact that the president’s basic premise underlying his June announcement that he planned to implement immigration proposals by the end of the summer was an end run around the Constitution. The fact that Congress did not pass the immigration reform package he favored does not give the president the right to act on his own. Immigration reform is needed, but the failure of the bill he favored was due to concerns over the breakdown of border security that now seem even more justified than they were before because of the surge of illegals whose arrival was due largely to a belief that the president’s pledges about granting permanent status would apply to them as well as to the millions already here. But whatever one may think about the issue, the president is wrong to think he has the power to disregard constitutional checks and balances.

Yet he did so to the cheers of many in his party, the media, and a Hispanic community that has been frustrated by the gap between the president’s immigration promises and the reality of an administration that has stepped up deportations of illegals. In June, the assumption was that the president was operating under the belief that executive orders that would provide the “amnesty” conservatives have long feared would amp up his base and help Democrats. Polls showing that most Americans thought immigration reform a good idea were seen as providing cover for Democrats who believed the president was going too far.

Had the president issued his orders then it would have inflamed Republicans and earned applause from Democrats. But instead of acting, he did what he always does: he thought about it. But as with other instances of his Hamlet act getting in the way of policy decisions, by the time the end of the summer came, circumstances had changed. Not only had the border surge changed the minds of many Americans about the wisdom of dealing with the illegals here before the border was secured, it was also clear that many of the Democrats that Obama is counting on to hold the Senate for him opposed the president’s plans for unilateral action. The delay gave members of both parties time to disassociate themselves from any effort to bypass both Congress and the Constitution. Not only was there no immigration consensus to fall back on but the intervening months had also produced a new consensus against Obama’s desire to govern alone and to trash the rule of law.

Under these new circumstances, Obama’s decision to delay action was seemingly politically wise, especially since many Senate Democrats were pleading with him not to do it. Yet it’s not as simple as that. Had the president pondered the issue for months without having publicly said he would do it by the end of the summer, a punt on the matter would have worked. But after three months of damaging debate on the issue, it is probably too late to defuse GOP anger. With the president merely postponing such action until after the midterms, the issue remains an easy one for GOP candidates to use against Democrats.

But choosing to spurn the desires of his base (while also blaming the initial promise of action on Senate Democrats like Chuck Schumer rather than the president taking personal responsibility for the blunder) isn’t good politics either. The Democrats desperately need minorities and especially Hispanics to turn out in something close to the numbers they did in 2008 and 2012 when Obama was on the ballot. By choosing to cynically discard the issue in the face of criticism, he has depressed his core constituencies in an election that will, as is the case with most midterms, be determined by the enthusiasm of the party bases. When you consider that it’s entirely possible that some of the key red-state Democrats he’s trying to save may already be doomed, this supposedly smart political move seems even dumber than it did at first glance.

Put it all together and you have a scenario in which Obama’s partisan boasts, indecision, and ultimate cynicism has given Democrats the worst of all possible worlds in 2014: an energized conservative base and a distinctly unenthusiastic liberal core.

Digging even deeper into this issue, if the president is really serious about unilateral immigration moves after the election, does he really think it will be easier for him to do this after the country has already rejected his party at the polls? The only possible advantage to the Democrats in the president making good on his June pledge was the possibility that some Republicans would overreact and try another government shutdown in response this fall. But by punting, Obama has made that impossible and possibly saved conservative Republicans from themselves.

While the president’s belief in his power to act without Congress on immigration is wrongheaded, his handling of the politics of this issue has been uniformly foolish from start to finish. Punting on immigration won’t work and it may also make the next two years even more dismal for Obama and the Democrats than we might have thought.

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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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Is Obama Conceding the Senate to the GOP?

For some advocates of more liberal immigration laws, the next month may be the most crucial in recent history. As Rep. Luis Gutierrez told the Washington Post, President Obama “is going to determine his legacy with the immigrant community in the next 30 days.” But while most members of the president’s party are ready to cheer executive orders bypassing Congress that will effectively legalize millions of illegal immigrants, those Democrats facing tough reelection fights know such moves will effectively decide the 2014 midterms.

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For some advocates of more liberal immigration laws, the next month may be the most crucial in recent history. As Rep. Luis Gutierrez told the Washington Post, President Obama “is going to determine his legacy with the immigrant community in the next 30 days.” But while most members of the president’s party are ready to cheer executive orders bypassing Congress that will effectively legalize millions of illegal immigrants, those Democrats facing tough reelection fights know such moves will effectively decide the 2014 midterms.

The president signaled back in June that he would use Congress’s failure to pass a comprehensive reform bill as an excuse to act on his own to address the problems in the immigration system. No details of the planned moves have yet been released but, as the Post reports, many on both the left and the right anticipate that the executive orders will indefinitely delay deportation for millions of illegal immigrants already in the United States and to provide green cards for relatives of U.S. citizens. That means that those illegals who have had children since arriving in the United States would effectively be granted legal status, raising the total of those granted a form of amnesty by these measures to encompass the vast majority of those here without permission.

While opponents of immigration reform blanched at any measure that would grant illegals the right to stay in the country, let alone a path to citizenship that a green card would give them, these unilateral moves are far worse than anything contained in the bipartisan bill that was passed by the Senate but blocked in the House. That bill put heavy penalties on the illegals and forced them to the back of the line for citizenship while also heavily reinforcing security at the border. But Obama’s unilateral plans really would be a form of amnesty without any real penalty or action to prevent another wave of illegal immigration.

This is terrible policy since, as this year’s crisis at the border demonstrated, even the president’s past statements about letting illegals stay has generated a massive influx of new migrants who believe that once they get across the border by any means they won’t be sent home even if they are caught. Enacting such a measure unilaterally at the whim of the president rather than through congressional action would further undermine the situation at the border as well as undermine the rule of law.

You don’t have to oppose immigration reform to recognize the problem here. All recent presidents have used executive orders and, in fairness to Obama, his predecessor George W. Bush used the tactic extensively when it suited him. But there is a difference between chipping away at the margins where presidential authority is already established and the White House simply governing on its own as if congressional approval of legislation is a mere technicality that can be waived if the president is really sure that justice is on his side.

The notion that the president has the right or even the duty to act on his own in this fashion because the House refused to pass an immigration bill turns the Constitution on its head. Acting in this manner would trash the checks and balances of the American system and establish an essentially anti-democratic precedent in which any president could flout the will of Congress and the Constitution if he didn’t get his way.

But the danger here is not just to the Constitution. If the president decides to push ahead with these measures in the months before the midterms, he may be effectively writing off the already diminishing odds of his party holding onto the Senate. For beleaguered red state Democratic incumbents like Mark Prior in Arkansas, Mary Landrieu in Louisiana, Kay Hagen in North Carolina, or even a purple state senator like New Hampshire’s Jeanne Shaheen, executive orders on immigration will feel like a stab in the back from the White House.

Concerns over illegal immigration were already a potent issue for Republicans in states where Hispanic voters—who are more sympathetic to undocumented immigrants—aren’t a major factor. But if the president does an end run around the Constitution in order to enforce his will on immigration it will be a disaster for endangered Democrats. Candidates like the aforementioned incumbents as well as Alison Grimes, who is providing the president’s party with one of its few shots at knocking off a Republican senator, are already trying to run away from Obama. Republicans are already favored to take control of the Senate. But with a few strokes of his pen, the president could ensure a far larger GOP majority next year than most pundits are now envisioning.

If Republicans play this right, they could ride Obama’s extra-constitutional behavior to a repeat of their 2010 landslide. But there’s also the chance that conservatives could play into the president’s hands and sabotage their chance to emerge in November with control of both Houses of Congress. In my next post, I’ll discuss the possibility that the president’s decision is actually a cynical effort to entice the GOP to try another futile government shutdown or impeachment.

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How Not to Promote Immigration Reform

Today, America’s most prominent illegal immigrant arrived at the border between Mexico and the United States to demonstrate his solidarity with the tens of thousands of people streaming into the country without permission. But the stunt by which former journalist Jose Antonio Vargas got himself arrested did more to undermine support for immigration reform than to foster sympathy for the illegals.

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Today, America’s most prominent illegal immigrant arrived at the border between Mexico and the United States to demonstrate his solidarity with the tens of thousands of people streaming into the country without permission. But the stunt by which former journalist Jose Antonio Vargas got himself arrested did more to undermine support for immigration reform than to foster sympathy for the illegals.

Vargas became a national figure three years ago when the former Washington Post reporter outed himself in the New York Times as an illegal immigrant. Vargas came to the United States at 12 from the Philippines to live with his grandparents who were naturalized citizens. But he was brought here by a “coyote” without a legal visa and spent the rest of his life lying about his status and using fake documents. After graduating college he consulted an immigration lawyer who told him his only path to citizenship was to return to his home country, wait ten years and then apply to come back with permission. On the cusp of a successful career he refused and continued lying even as he was part of a Post team that won a Pulitzer. Eventually, he tired of the deceit as he continued to rise in mainstream journalism and decided to put himself forward as a symbol of the plight of the so-called “dreamers”—people who were brought to the country illegally as kids and who went on to make a contribution to society.

After revealing himself to be an illegal Vargas faced no consequences. To the contrary, he became a media star, founding a group backing the rights of illegals, testifying before Congress, making documentary films, and writing. So perhaps with the backing of liberals who have lionized him as an example of why illegal immigrants should be given a path to citizenship he may have felt he had impunity to come and go as he pleased even though he remains in the United States without anything but a Philippine passport.

But when he went through an airport security line at McAllen-Miller International Airport on the Texas border today, Transportation Security Administration agents detained him. His arrest has prompted calls for his release by immigration advocates who see him as having put himself on the line to draw attention to the plight of the thousands of children and adults who have surged across the border in recent months.

But if immigration reform advocates think this stunt will help their cause they are mistaken.

The problem for the Obama administration and others who believe a broken system must be changed is that their calls for legalization for undocumented aliens have prompted another wave of illegal immigration. Even those of us who believe that calls for the government to deport the 11 million illegals here now are ridiculous must understand that the president’s actions designed to help the dreamers and advocacy for “amnesty” have created exactly the mess that immigration reform critics predicted.

Even more to the point, the use of Vargas as the poster child for the campaign for legalization doesn’t work quite the way his supporters think it does. Nor does it make a good argument for letting the tens of thousands of unaccompanied minors who have arrived illegally stay.

Even if you support a pragmatic solution to the dilemma of those already here illegally, the idea that anyone in Central America or anyone else has the right to simply storm the border or sneak in and then demand legal status is neither logical nor a sustainable argument.

After all, why should those who have arrived here illegally recently be put at the head of the line of those seeking entry to the country by legal means? What gives Vargas or anyone else the right to flout the law without ever having to face the consequences?

If there is to be immigration reform it must, as the bipartisan Senate coalition that passed a reform bill last year realized, be part of a scheme that secures the border and restores order to the current chaos. But if Vargas and other illegals are determined to demand that illegals be given the right to enter with impunity, all reform will accomplish will be a repeat of the failed Reagan-era experiment in which amnesty was followed by another wave of illegals.

Yet by highlighting people like Vargas, immigration advocates are sending a signal that what they want is a situation in which the border will be erased and the laws, whether they are tough or more liberal, will be rendered meaningless. After all, at some point we will have new laws that will theoretically have to be enforced even if they are preceded by giving a pass to those who have already broken the law.

Vargas was released quickly and I doubt he will ever be deported. But if immigration reform is ever to succeed it won’t be by telling Americans that laws are irrelevant.

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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 Disgraceful Border Dodge

Given the opportunity to demonstrate his concern and willingness to take charge of the ongoing fiasco that has overwhelmed U.S. border resources, President Obama chose instead to resort to his favorite pastime: bashing his political opponents.

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Given the opportunity to demonstrate his concern and willingness to take charge of the ongoing fiasco that has overwhelmed U.S. border resources, President Obama chose instead to resort to his favorite pastime: bashing his political opponents.

To say that the president’s decision to schedule partisan fundraising events at the same time that the Rio Grande was being stormed by thousands of illegal aliens made for bad optics is an understatement. Even Democrats have compared his decision to avoid the border like the plague to President Bush’s flyby over a Hurricane Katrina-devastated New Orleans. As I wrote yesterday, that’s a bit unfair but the injured party is Bush, not Obama.

But even if we leave aside the sterile debate about whether Obama should have gone to the border, the problem now is how the president has exacerbated an already terrible situation. His defense of his choice to stay away from the problem was worse than the decision. Saying that he wasn’t interested in “photo-ops” or “theater” rang false even to liberals who know very well that a day rarely passes when the White House isn’t staging some dog-and-pony show where he is framed by the adoring faces of supporters standing by him. Moreover, it came just after time spent in Colorado where Obama pretended to hang out with ordinary people in front of cameras and then drank beer and played pool with the governor. And when he did speak in Texas, at least tangentially about the crisis today, the event was held … wait for it … in a theater where as usual, his advance team had assembled a chorus of fans to nod, laugh, and clap in all the right places.

But what was even more outrageous was the content of his speech. Instead of a sober, presidential assessment of a genuine crisis, he gave the country partisan rhetoric. Instead of a little much-needed introspection about how his statements and policies had, albeit unintentionally, set off a human wave of illegals seeking to get into the country where they expected to be allowed to stay, he gave us more jokes about the do-nothing Republicans in Congress.

Obama enjoys playing the comedian-in-chief and it would be churlish to deny him the occasional riposte at his tormentors on the other side of the aisle. But for him to play this game while visiting the same state where what his administration is describing as a “humanitarian crisis” is unfolding is, at best, unseemly and, at worst, a disgrace.

Just as bad as his lack of taste was the substance of his remarks. Rather than engage on how the border surge happened or even how it can be resolved without trashing the rule of law or treating the illegals, among whom number many unaccompanied children, Obama dodged the question.

His defenders may think that his focus on the failure of the House of Representatives to pass immigration reform was very much to the point. But regardless of whether you think the bipartisan fix passed by the Senate was a good idea, that has very little to do with the fact that the borders are being stormed now. Even if the House had passed that bill, it would not have changed the fact that so many people from Central America believe all they have to do to gain the right to be in the United States is to sneak over the border. Indeed, as someone who supported the Senate bill at the time, I have to admit that in retrospect, the effort to find a path to legal status, if not citizenship for the 11 million illegal aliens already here, may have played a role in encouraging this new wave of illegals. So, too, did President Obama’s statements about allowing so-called “dreamers”—youngsters illegally taken into this country by their parents. Conservatives who insisted that the border must be secured before any thought of dealing with those currently in the United States were probably right.

While immigration reform remains good policy and good politics for Republicans who need to build some bridges to Hispanics, the border crisis is a reminder that any attempt to address the issue must begin with measures aimed at security and defending the rule of law. On those points, the president has little to say. Moreover, by harping on partisan talking points and cheap jokes while demonstrably avoiding ownership of an Obama-made crisis, he appeared more clueless than most second-term lame ducks usually look at this stage of their presidencies.

As much as a photo-op at the border wouldn’t have done much good, it would have been better than today’s tawdry piece of presidential political theater. It showed again what we have known all along about Obama. His great strength is campaigning. His great weakness is governing. As a man who will never again face the electorate the former skill is now obsolete. But as the president of a country badly in need of leadership and administrative skill, the latter failing is as depressing as it is disgraceful.

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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 Would a Military DREAM Act Mean?

One of the top ideas floating around the orbit of immigration reform is to allow a faster path to citizenship for illegal immigrants, “undocumented residents,” or whatever the latest politically correct term is, if they join and serve in the U.S. military. In effect, this means opening the U.S. military to illegal aliens.

Now, there is a long history of non-Americans joining the U.S. military. Filipinos joined the U.S. Navy in significant numbers from the first years of the 20th century through World War II and, indeed, even after the Philippines’ 1947 independence. Non-citizens who were legal residents have served honorably in the U.S. military up to and during Operation Iraqi Freedom and Operation Enduring Freedom. Many still do, and they deserve the quicker path to citizenship that their service enables. 

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One of the top ideas floating around the orbit of immigration reform is to allow a faster path to citizenship for illegal immigrants, “undocumented residents,” or whatever the latest politically correct term is, if they join and serve in the U.S. military. In effect, this means opening the U.S. military to illegal aliens.

Now, there is a long history of non-Americans joining the U.S. military. Filipinos joined the U.S. Navy in significant numbers from the first years of the 20th century through World War II and, indeed, even after the Philippines’ 1947 independence. Non-citizens who were legal residents have served honorably in the U.S. military up to and during Operation Iraqi Freedom and Operation Enduring Freedom. Many still do, and they deserve the quicker path to citizenship that their service enables. 

That does not mean that President Barack Obama, Secretary of Defense Chuck Hagel, and the various Democratic and Republican representatives and senators who are pushing immigration reform should endorse the idea of illegal or undocumented aliens serving in the U.S. military. The reason is simple: It creates a precedent by which the U.S. military welcomes lawbreakers. Illegal aliens may find their plight unfair and unjust, but they do know their actions violate U.S. law. Just as the military has upheld physical standards in its recruitment, it has also weeded out those who knowingly do not abide by the law. Certainly, there are waivers for certain crimes: Some civil offences, non-traffic-related crimes, and misdemeanors might be forgiven. This is done on an individual, case-by-case basis. To open the doors of the U.S. military to illegal aliens, however, not only is a slap in the face of those who have respected U.S. law, but also raises questions as to the motive of service. Regardless, the question both Democrats and Republicans should ask is more basic than whether there should be a military equivalent of the DREAM Act. Instead, the question at hand is whether the U.S. military should any longer use respect for the law as a selection criteria.

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Obama, Deportations, and the Rule of Law

President Obama did not completely satisfy Hispanic members of Congress yesterday when he told them he had ordered a review of the administration’s enforcement of immigration laws. As the New York Times reports, what these lawmakers and the activists on behalf of the cause of illegal immigrants want is not a review but a presidential order halting deportations. In speaking of the review the president said he was concerned about the impact deportations have on the families. The question is how far the president, whose administration has actually reportedly deported two million people since he took office, will go on this issue in disregarding the law and Congress. Coming at a time when House Republicans are already up in arms about the president’s selective enforcement of other measures like his ObamaCare legislation, a decision to effectively annul immigration laws would be something akin to a declaration of war on Congress.

A deportation suspension would appeal to a Hispanic base that the president badly needs to turn out for Democrats this fall, as well as to his party’s base. But it would be a terrible mistake. Doing so would not only lend even more credence to the accusations being leveled at Obama about his contempt for the Constitution. It would also kill any hope for immigration reform for the foreseeable future.

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President Obama did not completely satisfy Hispanic members of Congress yesterday when he told them he had ordered a review of the administration’s enforcement of immigration laws. As the New York Times reports, what these lawmakers and the activists on behalf of the cause of illegal immigrants want is not a review but a presidential order halting deportations. In speaking of the review the president said he was concerned about the impact deportations have on the families. The question is how far the president, whose administration has actually reportedly deported two million people since he took office, will go on this issue in disregarding the law and Congress. Coming at a time when House Republicans are already up in arms about the president’s selective enforcement of other measures like his ObamaCare legislation, a decision to effectively annul immigration laws would be something akin to a declaration of war on Congress.

A deportation suspension would appeal to a Hispanic base that the president badly needs to turn out for Democrats this fall, as well as to his party’s base. But it would be a terrible mistake. Doing so would not only lend even more credence to the accusations being leveled at Obama about his contempt for the Constitution. It would also kill any hope for immigration reform for the foreseeable future.

The president’s concern for the families of the deported should not be dismissed by conservatives who are used to trashing everything the president does. Tearing apart these families, many of whom are legal residents or American citizens, takes a toll on our social welfare system. With an estimated 11 million illegals in the country, enforcement of these laws is, at best, haphazard and often arbitrary and capricious. Those caught by the Immigration and Naturalization Service are often in legal limbo for indefinite periods where due process is not always a given.

But while those affected deserve compassion, the fact remains that a system that not only tolerates the flouting of the law but also actively encourages it from the very top of the political food chain is one in which the rule of law has collapsed. It’s one thing for pro-immigration forces to call for a change in the laws to allow those who have entered the country without permission to have a path to legality or even citizenship. It’s quite another to say that the president should single-handedly abrogate the laws of the land.

Critics of Rep. Trey Gowdy’s proposed legislation that would allow Congress to sue the executive branch to enforce the law are right to point out that presidents have been selectively enforcing the law since the earliest days of the republic. Even if Gowdy’s bill passed, no court would touch a dispute that would be rightly understood as essentially a political controversy rather than a legal one. But if the president goes down the path of suspending all deportations, we will have passed a critical tipping point toward the creation of a new super-imperial presidency that transcends law or the Constitution.

That should worry everyone. But doing so should particularly concern immigration activists who still hope that Congress will act to fix a broken system. Though the bipartisan comprehensive immigration compromise that passed the Senate has no chance of getting through the House this year, supporters of the measure should not treat that as the end of the battle. There is a decent chance some kind of reform will pass in the next Congress no matter whether it is still split between the parties or under sole Republican control. But if Obama unilaterally annuls the existing laws by suspending deportations, it will worsen the split on the issue in the country and especially in Congress. If Congress no longer believes the executive branch will secure the border—an essential part of any possible immigration fix—there will be no way to convince them to change the system. Such a move could end any chance of reform for the foreseeable future.

With that in mind, Obama needs to tread carefully on deportations. As much as he likes to rule on his own, this is one executive order that he should never issue.

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Schumer Outsmarts the GOP Again

Chuck Schumer is at it again. The wily New York Democrat put together an impressive bipartisan coalition last year to push an immigration reform bill through the Senate. Schumer succeeded because he not only enlisted Republicans who agreed that fixing the broken system was long overdue but because he listened to their concerns and designed legislation that made border security a priority alongside concerns Democrats cared about, such as providing a path to legalization and citizenship for the 11 million illegal aliens currently in the country. However, the Senate bill has stalled in the House and last week House Speaker John Boehner said even the approach to immigration favored by some Republicans in which the border security measures would be passed separately was also not viable. But Schumer isn’t giving up. And in a last, probably vain effort to save immigration reform in this Congress, he is again listening to what Republicans are saying.

When Boehner dismissed the possibility of passing an immigration bill of any kind last week, he explained that Republicans simply do not trust President Obama to enforce the laws of the land with regard to border security. After Obama announced in his State of the Union that he would attempt, wherever possible, to govern without the consent of Congress via executive orders, conservatives who were never very enthusiastic about dealing with immigration in the first place saw an excuse to oppose any effort, even one favored by Boehner and most of the GOP leadership. Worried that rebellious Tea Partiers might threaten his speakership as well as by the possibility that the issue would divert Republicans and the voters from the Democrats’ ObamaCare woes, Boehner waved the white flag on immigration reform.

In response to this, Schumer said yesterday that he would agree to an immigration bill that wouldn’t go into effect until 2017. In doing so, he’s calling the Republicans’ bluff. Since President Obama would not have the opportunity to gum up the works on border security after he left office, Schumer has answered what we were told was the chief Republican concern about addressing immigration this year.

Will it succeed? Of course not! Obama’s lawless approach to governance is a legitimate issue. But by giving in to Republicans on this point and putting off implementation of the law until after Obama leaves the White House, all Schumer has done is to expose something that was already obvious: Republicans won’t vote for an immigration reform bill under virtually any circumstances.

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Chuck Schumer is at it again. The wily New York Democrat put together an impressive bipartisan coalition last year to push an immigration reform bill through the Senate. Schumer succeeded because he not only enlisted Republicans who agreed that fixing the broken system was long overdue but because he listened to their concerns and designed legislation that made border security a priority alongside concerns Democrats cared about, such as providing a path to legalization and citizenship for the 11 million illegal aliens currently in the country. However, the Senate bill has stalled in the House and last week House Speaker John Boehner said even the approach to immigration favored by some Republicans in which the border security measures would be passed separately was also not viable. But Schumer isn’t giving up. And in a last, probably vain effort to save immigration reform in this Congress, he is again listening to what Republicans are saying.

When Boehner dismissed the possibility of passing an immigration bill of any kind last week, he explained that Republicans simply do not trust President Obama to enforce the laws of the land with regard to border security. After Obama announced in his State of the Union that he would attempt, wherever possible, to govern without the consent of Congress via executive orders, conservatives who were never very enthusiastic about dealing with immigration in the first place saw an excuse to oppose any effort, even one favored by Boehner and most of the GOP leadership. Worried that rebellious Tea Partiers might threaten his speakership as well as by the possibility that the issue would divert Republicans and the voters from the Democrats’ ObamaCare woes, Boehner waved the white flag on immigration reform.

In response to this, Schumer said yesterday that he would agree to an immigration bill that wouldn’t go into effect until 2017. In doing so, he’s calling the Republicans’ bluff. Since President Obama would not have the opportunity to gum up the works on border security after he left office, Schumer has answered what we were told was the chief Republican concern about addressing immigration this year.

Will it succeed? Of course not! Obama’s lawless approach to governance is a legitimate issue. But by giving in to Republicans on this point and putting off implementation of the law until after Obama leaves the White House, all Schumer has done is to expose something that was already obvious: Republicans won’t vote for an immigration reform bill under virtually any circumstances.

Many on the right think what happened in the Senate on immigration last year that the clever Schumer hoodwinked Senate Republicans like Marco Rubio. The conservative distrust of Schumer is so intense that they think any accommodation on his part is all part of a dastardly scheme concocted to embarrass the GOP and/or to further the liberal agenda. But the history of this legislation proves that Schumer’s genius is not so much a matter of his outfoxing the Republicans as it is a matter of his concessions successfully illustrating the intransigence of some conservatives on this issue.

What Schumer has done on immigration is to transform the liberal position from one in which Democrats demanded a bill that was solely focused on easing entry in the country and a path to citizenship for illegals into one that poured massive resources into border security and charted a path to legalization for scofflaws that was both lengthy and draconian. In the last month as House Republicans began talking about a package that would separate the these two elements, Schumer and the White House backed down on the citizenship track and indicated they would settle for legalization. Now he has further sweetened the pot for Republicans by removing Obama and his cherry-picking approach to law enforcement out of the question entirely.

But House Republicans are running away from Schumer’s suggestion as fast as they are from the bipartisan Senate bill he sent them. Though what he has done used to be considered normative behavior in a previous era when it was accepted that compromise was necessary to pass a bill, many in the GOP view his concessions as a plot. Speaker Boehner’s office dismissed the idea as “impractical,” saying the delay would give the president no incentive to enforce the laws in his last three years in office. Though some Republicans are open to the proposal, it’s more than obvious that the GOP would rather have its talking point about Obama’s lawlessness exposed as a mere excuse rather than budge on its refusal to address the issue this year.

This is, as I wrote last week, a mistake. Republicans who think they can continue to further alienate Hispanic voters while also convincing many non-Hispanics that they are succumbing to prejudice without long-term damage to their electoral prospects are engaging in self-deception. While allowing a House debate and a vote would give greater prominence to the “worst and most irresponsible voices on immigration” that Pete Wehner mentioned in his piece on the issue, what Boehner has done is to give those very same people an effective veto on the legislation. Having given those who are mesmerized by the word “amnesty” the whip hand over the GOP in 2014, does anyone really think it will be easier to enact any kind of fix to a broken immigration system in 2014 even if Republicans win control of both the House and the Senate in November? While liberal Hispanics can’t be converted to the GOP by only one bill, the Republican failure to address reform cannot but result in anything but their writing off an increasingly important segment of the electorate for the foreseeable future.

Schumer may be a clever politician, but if he succeeds in embarrassing the GOP, it is those conservatives who are thwarting immigration reform who deserve the credit. Schumer’s latest compromise has resulted in yet another unforced error on the part of the Republican leadership. Immigration reform remains good public policy as well as good politics for the GOP. If it loses another presidential election by ignoring or insulting Hispanics the way it did in 2012, those who are applauding or condoning Boehner’s decision will have cause to look back on this episode with regret. 

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Republicans Wise to Punt on Immigration Reform

I’m favorably disposed to the immigration reforms outlined by House Republicans like Paul Ryan–and yet I’m very glad that Speaker John Boehner has indicated (presumably with the support of Ryan) that an immigration bill will not pass in 2014.

The politics are such that pushing immigration in the current environment would only (badly) divide Republicans and unify Democrats. Among other things, my guess is that the debate would end up highlighting some of the worst and most irresponsible voices on immigration. (See the criticisms of the Coca-Cola Super Bowl ad as a preview of coming attractions. Speaking of which, Jon Stewart’s segment on critics of the ad is worth watching.)

It’s fitting, too, that President Obama is paying the price for his promiscuous lawlessness. Republicans simply don’t trust Mr. Obama to enforce those aspects of the law he disagrees with–and they are right not to trust him. I rather like the idea of the GOP saying no to this Imperial President.

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I’m favorably disposed to the immigration reforms outlined by House Republicans like Paul Ryan–and yet I’m very glad that Speaker John Boehner has indicated (presumably with the support of Ryan) that an immigration bill will not pass in 2014.

The politics are such that pushing immigration in the current environment would only (badly) divide Republicans and unify Democrats. Among other things, my guess is that the debate would end up highlighting some of the worst and most irresponsible voices on immigration. (See the criticisms of the Coca-Cola Super Bowl ad as a preview of coming attractions. Speaking of which, Jon Stewart’s segment on critics of the ad is worth watching.)

It’s fitting, too, that President Obama is paying the price for his promiscuous lawlessness. Republicans simply don’t trust Mr. Obama to enforce those aspects of the law he disagrees with–and they are right not to trust him. I rather like the idea of the GOP saying no to this Imperial President.

If immigration reform eventually is embraced by the GOP, it’ll probably take a presidential nominee who ran on the issue and won the primary contest to make it happen. Until then, the GOP is taking a wise and prudent course of action. Focus on the president’s failed agenda, on the weak economy and on the multiplying failures of the Affordable Care Act, and on other elements of its governing agenda–including policies dealing with poverty, health care and higher education, and social mobility. The result may be maintaining control of the House, winning control of the Senate, and another blow that badly weakens the Obama presidency.

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