Obama and McCain on Immigration: Life vs. Death

A recent story by Maribel Hastings of La Opinión newspaper provides the most comprehensive analysis yet of the similarities and differences between John McCain and Barack Obama around immigration policy. According to Hastings, "Both candidates support construction of a wall at the southern U.S. border. But the most important differences are less obvious and have more to do with what kind of reform the candidates advocate for and try to get approved, according to Cecilia Muñoz, vice president of the National Council of La Raza (NCLR)."

Among those revealing details, says Hastings, are small but important differences that may make a major difference in what will surely be an intense fight for the Latino vote. Hastings continues, "McCain, for example, is opposed to the DREAM Act, which would benefit undocumented students and Obama supports it;" adding that "McCain opposes the idea of giving driver's licenses to the undocumented, while Obama favors the proposal."

Reading Hastings' article, one can't help but think of how many other opportunities for differentiation the seemingly endless maze of migration law and policy offers the candidates -- and the immigrant rights movement -- this election year.

If only the political will to bring greater attention to these often life-saving details existed.

The most strategic and important opportunity to turn the page on the immigration debate via the elections does not orbit around the twin axes of legalization and border security favored by the liberal-conservative consensus of some Democrats, some Republicans and their allies. This is the approach of the McCain-Kennedy bill still favored by both candidates.

Much has changed for immigrants since that bill failed in 2006-2007. What is, without a doubt, the most significant change since backers of the various versions of the McCain-Kennedy bill failed to reform immigration policy in 2006-2007 is how rancid and radically bad -- detention deaths, thousands of raids, massive deportations, traumatized children, steadily growing streams of hate media and hate crimes, etc. -- the anti-immigrant climate has become thanks to the Immigration and Customs Enforcement (ICE) agency and others. In such a climate, "immigration reform" focusing primarily on legalization and "border security" seems out-of-touch, if not dangerous.

A more strategic, urgent and powerful immigration reform strategy has to center around the colossal tragedy caused by ICE, the colossal tragedy that is ICE. The greatest good Obama, McCain or anyone else can do to aid current and future immigrants is to put radically re-organizing, if not dismantling, ICE at the center of any discussion about "immigration reform" in the United States. Asking McCain and Obama to lead calls for either Congressional investigations or the establishment of a special investigative committee of some sort (as happened with detention facilities in Abu Ghraib and Guantanamo) seems like a good place to start. So would calls for the immediate resignation of ICE chief Julie Myers, who has overseen an agency that has sexually abused, physically beaten, drugged, used dogs against and even killed immigrant detainees in a manner not unlike that seen in offshore military detention centers. With increasing frequency since 2006, Hastings and other Spanish language reporters in print and electronic media outlets have filled pages and airwaves with tear-inspiring, almost daily reports of numerous forms of abuse, death and fear experienced by immigrants at the hands of ICE.

In their efforts to differentiate themselves among voters, especially Latino voters, Senators McCain and Obama might also want these voters to see and hear them lead the fight to pass the Secure and Safe Detention and Asylum Act (SSDS), which was reintroduced last Wednesday by Senators Lieberman, Brownback, Kennedy, and Hagel. The SSDS addresses some of the more serious problems faced by immigrants in detention, problems recently brought to light by major news reports. The detention-focused legislation includes provisions for improved conditions and medical care, reporting of deaths, judicial review of detention for asylum seekers and other detainees, expansion of alternatives to detention and, most importantly, more oversight.

So, in the netherworld of the immigrant gulag growing on our shores, the small differences around the minutiae of immigration law can mean the difference between life and death, a difference that can win the hearts and minds of many voters this year.

For more on this story, including an English language translation of the La Opinion piece go here.

Comments

[Meme7]

...I don't know how familiar you are with Immigration law, but the unjust "details" that already exist in the law are devastating to many.

For example:
If at any point an immigrant (in any immigration status) lies and says that they are a citizen when they are not, they are almost certainly barred from ever becoming a citizen in their lives. There's nothing you can do to reverse it.
Similarly, it is very difficult for someone already illegally in the U.S. to become a legal resident. Even if they are married to a U.S. Citizen for example, many things will determine whether or not they will be able to get legal status. For example...
-Did you enter on a tourist visa and overstay or did you enter illegally?
-Have you entered the U.S. once or have you ever gone back to your home country and returned? When did you enter?
-If you had to be separated from your spouse would it cause him/her extreme hardship (as defined by an immigration official)? or just regular hardship?
The answers to these questions and others, will determine if that person will be able to get legal status. Today, because of these laws, many U.S. Citizens are married to people here illegally who cannot get legal status, despite their marriage to a citizen.
Many of these terrible "details" were passed in 1997 and have now affected millions certainly. We would all be wise to pay attention to future "details"

[Meme7]

Mr. Lovato-
Great article. The devil is definitely in the "details" in immigration law -if, of course you can call them details. I worked as a paralegal in immigration law for a non-profit org. and saw everyday how "details" radically changed people's lives, for better, or more commonly, for worse.

[jc747]

I see what you are saying. Enforce the other immigration laws that were enacted, at the same time as when the Reagan-approved asylum laws were put into effect, but do so humanely. But that"s a lot to ask for of this incompetent, petty and insensitive Bush administration (who, ironically, is on the record as being pro-immigrant!}.

[scooperss]

Thanks for the reminder. I almost forget to send my donation to Numbers USA.

[clr2]

The answer is simple: secure our borders, deport all ILLEGAL ALIENS, and heavily fine those who hire ILLEGALS. We need to use the BILLIONS we are now spending to educate and provide health care for ILLEGALS and use it on our own poor.

[quadman]

Again, Mr. Lovato fails to include the CORRECT description of immigration opposed by the overwhelming majority of Americans: ILLEGAL

[clr2]

I don't think that word is in his vocabulary. All LEGAL immigrants should write Mr. Lovato and explain the difference to him.

[randyjet]

The number of deaths in ICE custody is almost NIL! The FACT is that any time you have a large number of people, there will be deaths as what happened to Russert shows. Had he been detained by ICE, I am sure he would be listed as one of the people who were killed by ICE. The illegals have a FAR better chance of dying at the jobs that they work at than in ICE custody. The death of the pregnant woman in the fields shows that fact.
I fly out of Laredo airport a lot and I get to see all the deportees as they board the planes taking them home. The buses that they get to ride on and the planes are FAR better than what Texas crooks get from the TDC. They are BIG and airconditioned and a lot better than what I sometimes ride to San Antonio.

[randyjet]

We are NOT talking about immigration, we ARE talking about criminals who have come into the country ILLEGALLY. Criminals do NOT have the right to break our laws and seek amnesty from their punishment. I have travelled abroad extensively, and I always obeyed and respected the RIGHTS of other people to make their own laws and enforce them. i was always embarrassed at some Americans who acted badly in other countries. It is amazing that some people here think that it is OK for illegal aliens to not only act badly, but violate our laws and demand that they have the right to do so.
I support Rep. Barbara Jordan's recommendations to Congress as head of Clinton's panel on immigration. She said that " we need to make sure that those who come here do so legally, those who should not be here leave and be deported."
I saw your earlier column about no match letters which was an outright lie. The SS does NOT demand that the workers be fired. They simply tell the employer that there is a problem with the number and that further documentation and investigation is needed. The person has 30 days to clear up by documentation the problem.The person that was cited should not have been fired if he even exists. He couild get the job back if if he can prove that he is indeed a citizen or legal resident.

[yappnmutt]

again the issue is mislabeled. we are talking about ILLEGAL immigrant rights. legal immigrants have all the rights accorded any other citizen except the right to vote and be president. illegal immigrants are responsible for downward pressure on wages for the working class. if the incentive to be here is removed then the illegal immigrant will leave voluntarily, wages would rise and americans would take the jobs. if they know they can go to school, get drivers licenses, collect welfare and other gov't benefits without consequences to their illegal status then illegal immigrants will come in droves. part of the cure to the problem is pressuring mexico to give up their fuedal mentality economic system and spread the wealth to their citizens.

[3Gs]

to clr2, I think this writer points out that the issue is not at all simple, and has escallated into a national disaster. How are we to tell ourselves and the rest of the world that our system is correct and righteous when we commit crimes against criminals. If the information here is accurate, and the ICE is at fault, it should be dismantled and replaced with a law abiding group working to better our country, not send it into the abyss.

[clr2]

3Gs - I guess they took my original post off. The issue couldn't be more simple. Enforce the laws. In doing so our borders would be secure, all ILLEGAL ALIENS would be deported, and those who hire ILLEGALS would be heavily fined.
We need to use the BILLIONS ,we are now spending on ILLEGALS, on our own poor citizens.
Mr. Lovato and others like him should be spending their time in the countries of these ILLEGAL ALIENS holding their governments accountable.

[Bladernr1001]

There is a real simple solution to this: Have open boarders but those coming here for work are not elegible for any taxpayer funded benefits. most would stay home as it would not make economic sense to come here for work under those conditions.

[jesselee26]

history's going to judge us as self-righteous screw-ups if we don't get this straightened out soon. but, if history's proven anything, its that in the us we like being self-righteous screw-ups quite a bit.

[Meme7]

hehe

[PioneerKing]

During the republican party's debates McCain flip-flopped on his own bill and said that he would not vote for McCain-Kennedy, the bill that failed to reform immigration policy in 2006-2007 if it were to come up again.
McCain must be pressed on this issue because he is now against progressive reforms.