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Greg Siskind on Immigration Law and Policy

THE STRATEGY

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While racial profiling has been the main topic of contention with Arizona's SB1070, the Justice Department is focusing on preemption. This is a constitutional argument and basically means that if the Constitution reserves a power for the federal government, states can only regulate in the area to the extent Congress permits. This is smart thinking and if the Justice Department wins, it will be easier to attack some of the other over-reaching state immigration laws.

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  1. My 2 cents's Avatar
    If the Justice Dept wins the lawsuit, immigration reform goes to the backburner. The only way to get Obama & the WH to talk immigration seriously is from a setback at the court which would lead to appeals & a serious push for reform.
  2. George Chell's Avatar
    It will take at least three years before this gets to the Supreme Court. If the CIR passes Hispanics will return to the "family values" GOP since they had achieved their goals. There are plenty of moron Hispanics for Whitman and Fiorina in CA making that a close race than it would otherwise be. That is the first indication of what the Hispanics would do if CIR passes..goodby Dems! What we really need is AZ style laws in other states to make Hispanics in states such as CA, WA, FL and IL to come to their senses. They are not an innocent party in this either. Lot of the wounds are self-inflicted..suicidal to be precise. The question remains whether the Hispanics will cozy up to whites in GOP who dont want them around and commit collective suicide equivalent to the one committed by Kevin Rudd in Australia recently!
  3. Another Voice's Avatar
    I seriously doubt that hispanics would go to the GOP even if CIR passes, they are damaged goods in their eyes, look at the Pete Wilson example and CA after the prop 187 they have not looked at the republicans in a while. I have seen the Whitman and Fiorina polls in CA showing a tight race, but I think the dems have a lot of amo against them from the primaries... specially Fiorina... I would say that the GOP is not going to get any benefit or will be able to compete for the hispanic vote until at least 10 years after any CIR passes and who know when that will be... Hispanics will hold a grudge against the GOP for a while...
  4. Geroge Chell's Avatar
    Another Voice:

    I hope you are right. It is outright disgusting to see some Hispanics favoring GOP in CA. If somebody does not want you around and wants to kill you, would you be around them? The issue is the proportion. Hispanics need to go to the polls in big numbers and at least 60% of them have to vote for Dems under the current demography. If not, the demagogues will win.
  5. Vivek's Avatar
    "The issue is the proportion. Hispanics need to go to the polls in big numbers and at least 60% of them have to vote for Dems under the current demography. If not, the demagogues will win"

    George - The problem is that Dems are no less demagogues. The Dems keep saying they need Republican votes to pass CIR. Well...Obama didn't have any for HCR and yet he put all his might into it and got something passed even though less than ideal. Why do they need Republican votes for CIR if they are really serious about passing reform. It's all talk and no action...I am not that stupid to believe that Dems really want to do anything about this. I have sent numerous letters to the Senator from my state - "Dick" Durbin. And if you were to read his responses to those letters - they are materially not very different than what the Cans keep talking about - protect the border. Protecting the border is fine...but there has to be a realistic target for that. If their target is absolutely zero illegal immigrants crossing then that's just fooling people.
  6. Geroge Chell's Avatar
    "The problem is that Dems are no less demagogues. The Dems keep saying they need Republican votes to pass CIR. Well...Obama didn't have any for HCR and yet he put all his might into it and got something passed even though less than ideal. Why do they need Republican votes for CIR if they are really serious about passing reform. It's all talk and no action...I am not that stupid to believe that Dems really want to do anything about this. I have sent numerous letters to the Senator from my state - "Dick" Durbin. And if you were to read his responses to those letters - they are materially not very different than what the Cans keep talking about - protect the border. Protecting the border is fine...but there has to be a realistic target for that. If their target is absolutely zero illegal immigrants crossing then that's just fooling people."

    The idea is to keep talking about illegals so that the antis dont go after the legals. Unfortunately there is history all over the world to prove this hypothesis. United Kingdom is the shining star. Five years ago conservatives were only against refugees and illegals. But get into power, what do they do? Cap legal skilled migration.

    Yes, Dems are no different. But, show me one example of the Dems doing what the GOP did in Arizona, and I will agree with you. It is very interesting that the Hispanics only react after CA style Proposition 187. Anything positive they will walk away!
  7. Geroge Chell's Avatar
    Brewer's self inflicted boycott of Arizona.

    http://www.politico.com/news/stories/0710/39489.html
  8. Another Voice's Avatar
    "Hispanics need to go to the polls in big numbers and at least 60% of them have to vote for Dems under the current demography. If not, the demagogues will win." You are right.... but I think this will be a problem in the end the hispanics will be their own worst enemy... Very little motivation to go out and vote unless you are a political junky and know the ins and out of the voting mechanics. Most hispanics voted for Obama and the dems with the hope that CIR would be a reality, right now it seems soooo far that they have no motivation to go out look where it has gotten them... So I'll say they are going to stay home an make it harder on themselves, trusting politicians isn't exactly something they do they all know that from their home country and family, after all the dems have done little to help that other than lip service.

    I think the lawsuit and Obama's speech recently is aimed to do something about that, but I think a big get out the vote campaign and educating the public as to why they should vote is more important right now if CIR is to have a chance in the future. I do not see the dems gearing up to motivate their voters and as long as the economy continues in the toilet then the hispanic vote won't really matter.
  9. Another Voice's Avatar
    "Protecting the border is fine...but there has to be a realistic target for that. If their target is absolutely zero illegal immigrants crossing then that's just fooling people."

    this is very true we all know that the "protecting the border" speech by both parties is just code for let's just keep the status quo... In the end the solution is not there because that is such small part in the spectrum of solving the problem
  10. JoeF's Avatar
    I don't think Hispanics in CA would vote for Fiorina and Whitman. They damaged themselves by going anti-immigrant in the primaries. The Dems just need to re-run the Fiorina and Whitman spots on Spanish-language TV...
  11. My 2 cents's Avatar
    Take the money in fines from the illegals for pathway to citizenship to build/fund the border fence. I think this proposition could find favor on both sides of the aisle. If the lawmakers have any spine pass immigration reform for legals to send message that only if you come the legal route you get a shot at LPR & citizenship. All the polls show US citizens are for legal immigration, it's only the lawmakers who seem to turn a blind eye to this as the whole immigration issue is about the vote bank.
  12. Another Voice's Avatar
    "Take the money in fines from the illegals for pathway to citizenship to build/fund the border fence." That would mean that had reformed the Immigration System in the US.. why would you need a fence? If you fix the immigration system allow people to come here legally even for low skilled jobs.... the fence would seem pointless.
  13. Geroge Chell's Avatar
    I also think that it is a bit disingenuous of mormons such as Russell Pearce to go to Mexico and convert folks and rasie money for the Mormon church and turn around and treat fellow mormons and fellow christians like dirt!
  14. Adi's Avatar
    "I hope you are right. It is outright disgusting to see some Hispanics favoring GOP in CA. If somebody does not want you around and wants to kill you, would you be around them? The issue is the proportion. Hispanics need to go to the polls in big numbers and at least 60% of them have to vote for Dems under the current demography. If not, the demagogues will win."

    Last time immigration bill came to floor was when republican was in white house. Last time amnesty was granted was when republican was in white house. Even recapture of visas was when republicans controlled congress. Nursing visas were issued when republicans were in power. I don't see why republicans are being portrayed with "gotcha" attitude. I just fail to see pro-immigrant democratic congress. They have done nothing since 2006. That is full four years of lip service.
  15. Adi's Avatar
    http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/07/05/EDCJ1E92D4.DTL

    Obama's words on CIR before he took office:
    "I cannot guarantee that it's going to be in the first 100 days. But what I can guarantee is that we will have in the first year an immigration bill that I strongly support and that I'm promoting and that I want to move that forward as quickly as possible."

    I don't know the repercussions of Arizona law and to what extent it will violate civil rights, what I do know is that since Obama took office, ICE raids have increased, deportations have increased, USCIS harasses h1b holders and treats them like criminals, h1b employers are being raided like drug warlords, POE officers treats foreigners like terrorists, POE officers send genuine h1b holders back from airports, consulates/embassies take forever to issue visas and sometimes deny on incomprehensible grounds etc.
  16. Another Voice's Avatar
    Did Obama break promise to Latinos?
    By Ruben Navarette Jr., Special to CNN

    http://www.cnn.com/2010/OPINION/07/08/navarrette.obama.promise/index.html
  17. Geroge Chell's Avatar
    "Last time immigration bill came to floor was when republican was in white house. Last time amnesty was granted was when republican was in white house. Even recapture of visas was when republicans controlled congress. Nursing visas were issued when republicans were in power. I don't see why republicans are being portrayed with "gotcha" attitude. I just fail to see pro-immigrant democratic congress. They have done nothing since 2006. That is full four years of lip service."

    1986. This is a different GOP!

  18. My 2 cents's Avatar
    "If you fix the immigration system allow people to come here legally even for low skilled jobs.... the fence would seem pointless."

    AV, You missed my point, do you think the people out there in Washington think the way you & I & the rest of the bloggers in this forum do. Heck no, they do not have a common sense solution for any of the problems including immigration.

    My point would make more sense to them ie. having the illegal pay/fund the fence with the fines they pay. I do not think USCIS needs to get that money, they already are planning on hiking the fees for no service!!!!!!!!!
  19. USC's Avatar
    Per PACER the parties are on an expedited briefing schedule and the Preliminary Injunction hearing is scheduled for 7/22/10. $500,000 in public donations is not going to cover their expenses.

    http://news.yahoo.com/s/ap/20100708/ap_on_re_us/us_immigration_donations

    "Brewer hired the private lawyers to represent the state even before the Democratic attorney general, Terry Goddard, agreed to Brewer's demand to withdraw from the state's defense. He had opposed the legislation but said he was willing to do his duty to defend the state law."

    Given that Brewer signed this bill against the legal advise of her lawyer (the Arizona AG), the United States has shown admirable restraint in not suing her in her personal capacity. Their move in limiting their Causes of Action to just three has been simply brilliant and makes it tough for Arizona to get anyone other than Uncle Tom (though with Roberts, Scalia and Scalito you can expect anything) if the case gets to SCOTUS.

    Here's a nice analysis from a prominent legal analyst:

    http://www.politicsdaily.com/2010/07/07/u-s-v-arizona-a-legal-mismatch-over-who-controls-immigration/

    "If Arizona wins (it almost certainly won't), other states will follow with their own versions of SB 1070 and pretty soon Congress will have to as well. If, however, Arizona loses (it almost certainly will), the populist anger and frustration which has fueled SB 1070 (and its cousins in six other states) will almost certainly intensify and force the Congress to take more seriously its duty to enact legislation designed to address some of the legitimate grievances Arizona has raised.

    Even though it's a legal mismatch, the sheer existence of an election-year case captioned: United States v. Arizona will continue to generate a push on Capitol Hill to do something about immigration."


  20. George Chell's Avatar
    Tit for tat...Indian anti-foreign worker sentiments...

    http://www.defence.pk/forums/world-affairs/51243-white-british-actresses-told-leave-bollywood.html
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