Have We Lost Our Mojo? Revisiting Comprehensive Immigration Reform (CIR)

I think for the most part supporters of Comprehensive Immigration Reform (CIR) have lost their mojo. To understand what mojo is, and why it's important, I encourage you to watch this short video on YouTube.  I'm not exactly sure what happened, or when, but at some point all mojo powers were zapped from community organizers, congressional leaders, common citizens, stakeholders, and yes - even from President Obama. 

Do you remember when President Obama had major mojo when he ran for president and promised CIR? At some point leaders of the CIR movement found themselves outnumbered and outmaneuvered and they simply threw in the towel.  Before we knew it, proponents of CIR were sitting quietly on the sidelines while the national debate raged on.  Opponents of CIR in the meantime took over the high places in the marketplace of ideas. All of the sudden deporting all 15 million supposedly unlawful immigrants in the U.S. actually sounded like a great and feasible idea.  Our highly organized, effective, articulate, tech-savvy, champions of the cause that inspired thousands of people to take to the streets were left neutralized - mourning and lamenting what could have been.  

It is time for our leaders to rise to the occasion and bring some clarity to the table by explaining why CIR is good for the United States, who will benefit, under what conditions, and what's in it for our country, our communities, for the American worker - from Joe the Plumber to the investment banker in Wall Street.  We need to articulate what CIR will do to enhance: 

• Border security to stop the flow of undocumented people from crossing the border.
• Providing tools to employers to ensure employment eligibility and sanction those employers who knowingly employ unauthorized workers. 
• Removal of serious criminal offenders and enforcement of immigration laws consistent with the government's immigration enforcement priorities and resources. 

These are legitimate concerns that we ignore at our own peril. They must be part of a sensible solution to reform our immigration laws.  So far the arguments from both sides have left much to be desired and have been plagued with missed opportunities to create a feasible road map where both sides can meet half way. On the one hand we have some calling for the immediate deportation of all "illegal aliens" and on the other side we have some calling for complete open borders with no restrictions.   I think both sides can meet somewhere in the middle.  I say we get back to the basics - let's re initiate the conversation.  I think (for the most part) both sides have very reasonable concerns that are better addressed by sitting together to discuss these issues in an informed, honest, and constructive manner. 

Regaining the territory lost will require some major mojo power - but I think it can be done. By being informed of the issues and understanding what's at stake, proponents of CIR should have a well-reasoned and articulate defense of CIR when making their voices heard.  The election cycle coming up in 2012 will give us a fresh opportunity to retake this cause.   

The United States as a Country of Refuge: A Short Introduction

From the early settlers, to modern-day immigrants, the United States continues to be a country of refuge. Although I heartily acknowledge, as an immigration attorney, that our system has many flaws that need to be addressed through advocacy, legislation, and litigation - the strengths and benefits of our immigration system are many times ignored in the heated debate over immigration.  In the next series of posts we'll touch upon several of the positive factors of our immigration law and policy.  

On the eve of the vote on the Development, Relief and Education for Alien Minors Act ("DREAM Act"), it is important to keep things in perspective.  I for one, am a very strong supporter of this measure for many reasons that are outside the scope of this entry. A good place to start would be to acknowledge that the United States admits more legal immigrants as permanent residents than all other countries in the world combined.  In 2008 for example, a total of 1.1 million individuals became LPRs in the United States as noted in a 2010 Report by the Congressional Research Service on U.S. Immigration Policy on Permanent Admissions. According to a recent report by the U.S. Department of Homeland Security, estimates of the Legal Permanent Resident Population in 2009 are in the 12.5 million range. 

Stay tuned for future posts discussing what specific elements of our immigration law and policy make the United States a country of refuge.

Immigration Enforcement on Steroids. Precursor to Comprehensive Immigration Reform (CIR)?

The Department of Homeland Security (DHS) recently announced unprecedented immigration enforcement statistics achieved under the Obama administration, including the removal of 392,000 noncitizens - 195,000 of which were convicted criminals. Also announced was the audit of more than 3,200 employers suspected of hiring illegal labor, and the approximately $50 million in financial sanctions imposed.  

“This administration has focused on enforcing our immigration laws in a smart, effective manner that prioritizes public safety and national security and holds employers accountable who knowingly and repeatedly break the law,” said Secretary Napolitano. “Our approach has yielded historic results, removing more convicted criminal aliens than ever before and issuing more financial sanctions on employers who knowingly and repeatedly violate immigration law than during the entire previous administration.”

Who would have thought that the Obama administration would be credited with a more than 70 percent increase in removal of criminal aliens from the Bush administration.  Could this be enough to convince skeptical Republicans to consider the viability of Comprehensive Immigration Reform (CIR)? 

The way that I see it, the argument of my skeptical Tea Party colleagues goes something like this: "Are you kidding? CIR? You're insane. Look, when President Reagan signed a sweeping immigration reform bill into law in 1986, the promise was that there would be a major crackdown to include tighter security at the Mexican border, that employers would face strict penalties for hiring undocumented workers, and that there wouldn't be a problem of illegal immigration anymore. 25 years later, we have 15 million more undocumented individuals here."  I see their point, somewhat.  These are fighting words after all, and that's why I enjoy talking to my Tea Party friends, over tea and crackers (no pun intended), and I avoid the issue of immigration altogether (most of the time).

Maybe President Obama is a genius after all (on the issue of immigration - mind you). If my conspiracy theory is right, President Obama is laying the groundwork to push CIR forward in the Spring of 2011. He'll bring all the skeptics together and say: "Now hold on, I know I'm not the father of the modern conservative movement, but you wanted troops on the border - and I gave it to you; You wanted more deportations, and I gave it to you - 70% more than your beloved President Bush; You wanted more work site enforcement, and I gave it to you; You wanted strict penalties for employers who hire undocumented workers, and I gave it to you; You wanted nothing to do with "amnesty", so I gave you "comprehensive immigration reform" or "earned legalization" - pick the term you like; WHAT ELSE DO YOU WANT?" Ok, maybe he won't be yelling at the end, but it sure would be nice to watch.