Did Immigration Even Matter Last Night?
Sometimes we’re just in the immigration bubble. Like when we assume that voters were trying to send a message on immigration when they voted in yesterday’s midterm elections. Depending on who you want to believe, the President’s failure to issue an executive order either cost Democrats the Senate (see here and here) or the President’s plans for “amnesty” resulted in a voter revolt.
I would suggest that both sides are spinning the results. Voters really didn’t care enough about immigration to shift most of last night’s races (Colorado is probably the exception). Only 14% of voters told exit pollsters immigration was their most important issue. Voters were pretty supportive of immigration reform proposals along the lines being promoted by President Obama but supporters of reform still crossed over and voted for Republicans. And that’s because other issues were on their mind that were more important – especially the economy.
Immigration can be a critical issue, but in last night’s competitive races the Latino population was relatively small. Latinos are the one group that typically makes being pr0-immigration a litmus test for support. And far right voters of make immigration enforcement their number one issue were going to overwhelmingly vote Republican anyway.
2016 is going to be a very different story, however. A presidential election and a number of competitive Senate races in states with large Latino populations will guarantee that.
- Immigrant of the Week: Charlize Theron - March 6, 2020
- Immigrant of the Week: Alberto Pérez - March 2, 2020
- Immigrants of the Week: Andrew Cherng & Tsiang Cherng - February 24, 2020
7 comments
Immigration is a negative issue for most republicans, and low on the totem pole for most democrats. My 3rd generation Hispanic friends are not in favor of amnesty. The idea that all Hispanics want open borders is silly.
That said, I have friends working with the White House on immigration issues and I have some proposals I think the President could implement immediately and be praised, even by republicans. It seems we may have 6 weeks to work on the issue, since President Obama gave the GOP 6 weeks to act – before he issues some Executive Orders.
The Constitution is based on British Common Law, Canon Law and Admiralty Law. This document adheres to the doctrine that Admiralty Law prevails over Common Law and goes in accordance with Canon Law. Executive orders and proclamations are directives or actions by the President. When they are founded on the authority of the President derived from the Constitution or statute, they may have the force and effect of law.
Barack Obama is a Constitutional lawyer by profession and knows better than any ignorant out there about matters related to jurisprudence and legal doctrine (specifically those who fervidly oppose to any legal procedure that regulates the status of unlawfully present immigrants).
I think the importance of immigration has been exaggerated greatly, and this election has made that very clear. While it probably is very important to Hispanic voters and immigration advocates, I am not convinced that it is the only issue these voters consider when they choose between democratic and republican candidates. If they have children, for instance, the quality and cost of education is likely to be very important too, and there are many other issues that could sway a Hispanic voter to vote for candidates who haven’t supported the immigration reform program the dems are offering.
Just want to comment on Tobias Nojob’s remarks on the president’s authority. I don’t think the authority is the issue. It is apparent that the president can do more. It is much more important to consider whether it is a good idea. Would it kill any chance that remains for a compromise between the two parties? I think it would. Worse yet, it could destroy president’s ability to get cooperation from congress on other issues as well. And I predict that an expansion of DACA type relief for millions of undocumented adults would result in impeachment proceedings. I was on the Clinton defense team during his impeachment proceedings. I know how destructive such proceedings can be. It would ensure a legacy of failure for the Obama administration.
But suppose I am wrong on all counts, there is another problem. I don’t think the aliens who would participate in such a problem know the risks it would subject them to. Frankly, I doubt that President Obama does either. If you want to know what these risks are, see my article, “Immigration activists are pressing President Obama to halt deportations for as many undocumented immigrants as possible. This is a “be-careful-what-you-wish-for” situation,” (Aug. 14, 2014), available at http://discuss.ilw.com/content.php?3423-Article-Immigration-activists-are-pressing-President-Obama-to-halt-deportations-for-as-many-undocumented-immigrants-as-possible-This-is-a-%93be-careful-what-you-wish-for%94-situation-By-Nolan-Rappaport
The Immigration issue is covered under the umbrella of National Security and has more relevance during times of war (in legal terms the United States of America is currently in a State of War); therefore, President Obama will simply issue an Executive Order that fits under such parameters (immigration is not a civil affair per se, instead it is governed by Admiralty Law).
In many ways, the upcoming compulsory registration of certain undocumented aliens living within the territories and possessions in which the US Government exerts an effective jurisdiction may be directly influenced (and interpreted as well) by the contents of 50 USC § 21:Restraint, regulation, and removal
“Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies. The President is authorized in any such event, by his proclamation thereof, or other public act, to direct the conduct to be observed on the part of the United States, toward the aliens who become so liable; the manner and degree of the restraint to which they shall be subject and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those who, not being permitted to reside within the United States, refuse or neglect to depart therefrom; and to establish any other regulations which are found necessary in the premises and for the public safety.”
Under the current circumstances and taking as a point of reference the mandate(s) of the Authorization for Use of Military Force (AUMF), Pub. L. 107-40, an undocumented immigrant can easily be defined as an Alien Enemy (note that specific nationalities are not the matter of controversy).
Additionally 32 CFR § § 1600-1699 (Selective Service System) may also be fully enforced under this Executive Order:
“ATTENTION, UNDOCUMENTED MALES & IMMIGRANT SERVICING GROUPS!
The Selective Service System has not now, or in the past, collected or shared any information which would indicate a man’s immigration status, either documented or undocumented. The Selective Service System has no authority to collect such information, has no use for it, and it is irrelevant to the registration requirement. Consequently, there is no immigration data to share with anyone.
You want to protect yourself for future U.S. citizenship and other government benefits and programs by registering with Selective Service. Do it today.
If you are a man ages 18 through 25 and living in the U.S., then you must register with Selective Service. It’s the law. According to law, a man must register with Selective Service within 30 days of his 18th birthday. Selective Service will accept late registrations but not after a man has reached age 26. You may be denied benefits or a job if you have not registered. You can register at any U.S. Post Office and do not need a social security number. When you do obtain a social security number, let Selective Service know. Provide a copy of your new social security number card; being sure to include your complete name, date of birth, Selective Service registration number, and current mailing address; and mail to the Selective Service System, P.O. Box 94636, Palatine, IL 60094-4636 ”
http://www.sss.gov/default.htm
Summarizing, Congress and public uproar dealing with any potential temporary relief issued by the Executive branch for certain unlawfully present immigrants is pointless, and the sets of laws governing this issue are extremely clear (and broad as well).
You don’t seem to be responding to my comments. I have not questioned the president’s authority. My point is that focus should be on whether he SHOULD expand the exercise of that authority.
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