Immigration Reform After Bush: Let's Put an End to Punitive Policies

By Roberto Lovato, New America Media. Posted December 3, 2008.

Arpaio, who is responsible for introducing highly controversial policies like deploying deputies in immigration sweeps of entire Latino neighborhoods, enjoyed the tacit political and financial support for these practices from Napolitano for several years. Napolitano did nothing to curtail the alarming number of deaths in Arpaio's immigrant jails and only decided to yank funding for his immigration program in the middle of the Democratic primary earlier this year.

If anything, the immigrant deaths, racial tensions, incessant raids and other indicators of the failure to improve immigration policy in Arizona provide immigrant advocates like Alexis Mazon of the Tucson-based Coalicion de Derechos Humanos, little inspiration and lots of concern. According to Mazon, Napolitano's record of previous support for Arpaio and for "some of the most dangerous immigration practices of any state in the country" give one no cause for joining the chorus of Democrats, media pundits and Beltway (as opposed to outside-the-Beltway groups like Mazon's) immigration groups gushing over Napolitano's "tough and smart" approach to immigration.

And as the Obama Administration and the rest of us prepare for the possibility of a renewed discussion and debate around immigration reform, those of us outside the Beltway must put terminating political dualism alongside developing and advocating for a real reform agenda at the top of our strategies and actions.

Such a mobilizing approach revived what I remember was a moribund immigration debate of 2006, and nothing less is required now. In addition to mobilizing as they did in 2006, outside-the-Beltway advocates will also have to find new and creative ways to move the debate and discussion around immigration beyond the growing Washington consensus: combining the politically dualistic "tough and smart" policies that legalize immigrants while increasing the number and types of punitive policies that took up 700 of the 800 pages of the failed McCain-Kennedy "liberal" reform proposal.

Transcending the "tough and smart" political dualism of immigration reform means replacing the so-called "tradeoffs" of the McCain-Kennedy bill with "safe and sane" policies that combine legalization with fundamental and necessary changes to our broken immigration system.

The first consideration in any serious reform should be removing the immigration processing functions from the anti-terrorist bureaucracy of the Homeland Security Department and placing them in the Commerce or Justice Departments or some other less national security-focused part of government as has been the case throughout the history of immigration policy.

In addition to a less-punitive approach to legalization than the get tough approach of the McCain-Kennedy bill, out-of-the-Beltway advocates are also advocating for immigration reform policies that consider fair trade and economic development, human rights, U.S. foreign policy and other hemispheric issues that directly influence the flow of migration. Such a firm and steady, yet flexible and inclusive approach to immigration policy fits well Obama's promise of change while also freeing Maria and millions of undocumented immigrants from the perils and pain of political dualism.

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Roberto Lovato, a frequent Nation contributor, is a New York-based writer with New America Media.

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