If You Think Immigration is an Issue Now, Just Wait….

The Donald’s anti-immigration rhetoric and ridiculous “policy” prescriptions–discussed here yesterday–have highlighted the resentment and nativism with which far too many of us respond to newcomers to our shores. It’s embarrassing, but hardly unique to America. Just look at the recent international headlines, detailing Europe’s response to the hundreds of thousands of people fleeing violence and poverty in Africa and the Middle East.

In the wake of those mounting conflicts in Europe, the Brookings Institution considered not just the dislocations and social issues involved, but the reasons for human movement across political borders. (Hint: those reasons aren’t likely to abate.)

One “take away” from the lengthy and somewhat abstruse paper:

Consider the potential effects of the recent IPPCC projections of a 4 degree Celsius rise in temperature expected by the end of the 21st century in the absence of aggressive mitigation. Then agricultural lands would be displaced by 1,000 km from the equator and sea level would rise another 70 centimeters by the end of the century, or about 3.5 times the rise in sea level over the past 150 years. This would put in jeopardy the 44 percent of world population currently living within 150 km from the coastline. Abstracting from other likely disastrous side effects (acidification of oceans, loss of biodiversity, possibility of life collapse), can we adapt to such changes? Since 72 percent of the population and 90 percent of world GDP is located on 10 percent of the Earth’s land, there is ample room for people to move if they are allowed to.

Translation: climate change is going to motivate massive movements of people across the globe. We can accommodate that movement physically, but unless something changes current highly protective attitudes about national sovereignty–unless we rethink the reflexive tribalism that currently motivates policies about immigration– political accommodation and assimilation will be much more difficult.

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You’ve REALLY Got to Hate Brown People….

Politico recently calculated the cost of Donald Trump’s oh-so-realistic immigration plan. It came to 166 Billion dollars. (Billion with a B.)

I guess when you’re rich and delusional, a billion here and there isn’t daunting, but really– are the Republicans who are cheering Trump on really prepared to pay that much money to deport the people who–among other things– are picking their vegetables?

Here’s Politico’s breakdown– the price tag for each of Trump’s immigration policies:

• Mass deportation: $141.3 billion
• Triple the number of Immigration and Customs Enforcement (ICE) officers: $8.4 billion per year
• Building the wall: At least $5.1 billion (not including yearly maintenance)
• Nationwide E-Verify system: $2.15 billion
• Visa-tracking system: $7 billion
• Mandatory detention: $1.7 billion

These are just the cash outlays; the total doesn’t include the higher prices of produce and other economic “hits” to an economy that depends much more on the exploitation of undocumented workers than we–or The Donald– like to admit.

This is only one of Trump’s spectacularly stupid positions, of course.

Although it is really difficult to choose a favorite idiocy (and increasingly difficult to distinguish satire from reality), my favorite to date has to be this gem, uttered during an interview with Bill O’Reilly (who, next to Trump, actually looked reasonable): in a discussion of the Fourteenth Amendment provision granting “birthright citizenship” to children born in the U.S., Trump said that the Fourteenth Amendment “would never hold up in court.”

Putting aside the obvious–Trump doesn’t understand the difference between a Constitutional provision and a statute (or the operation of the American legal system, with the exception of bankruptcy law)–this effort by nativists to eliminate birthright citizenship has been embraced by a number of Republicans. Including Indiana Governor Mike Pence when he was in Congress.

A recent interview with WRTV included discussion of Pence’s sponsorship of the “Birthright Citizenship Act of 2009,” a bill to “redefine” birthright citizenship to prevent children born in the U.S. of immigrant parents from being considered citizens. (Fortunately, like virtually everything then-Congressman Pence sponsored during his tenure in Congress, the bill went nowhere.) Most Hoosiers had been unaware of Pence’s assault on that part of the 14th Amendment until Trump’s antics focused attention on the issue.

As for Trump–I don’t object to the spectacle of an yet another un-self-aware, self-aggrandizing, self-parodying jerk running for President. What freaks me out is that this one is currently leading the GOP pack.

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The GOP, Andy Borowitz and Immigration

Predictably, Congressional Republicans and their faux constitutionalist echo chamber are screaming that the President’s recent immigration order exceeded his authority.

It didn’t.

Congress has given the Executive branch wide discretion over deportation priorities and as both conservative and liberal legal authorities have confirmed, the President  is exercising that discretion in a manner consistent with Congressionally-endorsed policies such as family unification. As legal scholar Walter Dellinger pointed out:

There are 11.3 million people in the United States who, for one reason or another, are deportable. The largest number that can be deported in any year under the resources provided by Congress is somewhere around 400,000. Congress has recognized this and in 6 U.S.C. 202 (5) it has directed the secretary of homeland security to establish “national immigration enforcement policies and priorities.” In the action announced tonight, the secretary has done just that, and the president has approved.

In other words, Congress has never supplied funding sufficient to deport more than a small number of the undocumented, and the President–every President–has been given the discretion to decide who among those living here illegally should be targeted. And every President has exercised that discretion. As a comment on Andrew Sullivan’s blog put it,

As there is an existing, bipartisan agreement that some 96.5% of the undocumented population will be allowed to remain here (i.e., the “how many” question), Obama’s executive action asks only: which undocumented immigrants should populate the 400,000 who are deported?

The question is not whether Obama should increase the number of undocumented immigrants (he isn’t), but whether he should apply severely limited resources in a targeted fashion (e.g., new arrivals, criminals, etc.) or indiscriminately (e.g., a law abiding mother of a U.S. citizen-child)? And, is Obama plausibly “tearing up the Constitution” if he deports the only number of people he can (about 400,000), but prioritizes who should be deported within such Congressionally imposed constraints?

The answer to that question is self-evident. The GOP should be embarrassed to be making the hysterical, ahistorical and factually-inaccurate assertions that are currently filling the airwaves–but this isn’t your father’s GOP and in case you haven’t noticed, this particular President is  (in the eyes of the Republican base) by definition illegitimate.

Sometimes, when logic and fair play are clearly not going to carry the day, satire is all we have left. (I’m laughing because otherwise, I’ll cry.)  Andy Borowitz has been on a roll lately, and with respect to our current kerfuffle over the President’s immigration Executive Action, he has hit a home run/touchdown/nerve. I’m quoting the whole thing, because it’s just too good–and too true– to truncate:

WASHINGTON (The Borowitz Report)—Senate Majority Leader Mitch McConnell unveiled his party’s long-awaited plan on immigration on Wednesday, telling reporters, “We must make America somewhere no one wants to live.”

Appearing with House Speaker John Boehner, McConnell said that, in contrast to President Obama’s “Band-Aid fixes,” the Republican plan would address “the root cause of immigration, which is that the United States is, for the most part, habitable.”

“For years, immigrants have looked to America as a place where their standard of living was bound to improve,” McConnell said. “We’re going to change that.”

Boehner said that the Republicans’ plan would reduce or eliminate “immigration magnets,” such as the social safety net, public education, clean air, and drinkable water.

The Speaker added that the plan would also include the repeal of Obamacare, calling healthcare “catnip for immigrants.”

Attempting, perhaps, to tamp down excitement about the plan, McConnell warned that turning America into a dystopian hellhole that repels immigrants “won’t happen overnight.”

“Our crumbling infrastructure and soaring gun violence are a good start, but much work still needs to be done,” he said. “When Americans start leaving the country, we’ll know that we’re on the right track.”

In closing, the two congressional leaders expressed pride in the immigration plan, noting that Republicans had been working to make it possible for the past thirty years.

As McConnell would say, “A-Yup.”

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About Those “Illegals”

The Economic Policy Institute recently released a comprehensive report on immigration and the economy. The report was massive, and it included reams of information on both legal immigrants and the undocumented persons often labeled “Illegal.”

In one section of the report, researchers addressed a common accusation–that undocumented workers are a burden on government, and a net cost to taxpayers.

Unauthorized immigrants are a net positive for public budgets because they contribute more to the system than they take out. Unauthorized immigrants generally cannot receive benefits from government programs, except in some cases, such as when unauthorized immigrant children receive public education, and in some states that allow unauthorized immigrants to attend state colleges at in-state tuition rates. Nevertheless, most of these unauthorized immigrants will still pay taxes. The vast majority pay sales taxes in states with sales taxes, and property taxes through properties that they own or rent. Additionally, most unauthorized immigrant workers also pay payroll and income taxes. The Social Security Administration estimates that 75 percent of unauthorized immigrants are actually on formal payrolls, either using fraudulent Social Security numbers or Social Security numbers of the deceased. Unauthorized immigrants pay into Social Security via automatic payroll deductions, but they can never claim Social Security benefits. In 2005, it was estimated that unauthorized immigrants paid about $7 billion per year in Social Security taxes that they will never be able to reclaim.

Unauthorized immigrants are also unlikely to receive any income credits available through the tax code, or to receive a tax refund if they overpaid in their regular payroll withholdings. The Tax Policy Center estimates that 78 percent of American households that earned less than $33,000 owed no federal income taxes in 2011.19 Many low-income taxpayers only paid marginal amounts if they did owe. Because of their low income levels, most unauthorized immigrants would likely fall into either of these categories. A significant portion of unauthorized immigrants file taxes using Individual Taxpayer Identification Numbers (ITINs); however, many unauthorized immigrants don’t file because they fear deportation. If they don’t file, they are never refunded money that was automatically withheld from their paychecks.

The research also addressed another common belief: that unauthorized immigrants use (abuse?) public support programs like welfare, unemployment insurance, and food stamps. The data suggests otherwise.

While it is possible that an unauthorized immigrant could benefit from a U.S. citizen or legal permanent resident family member receiving income support through a federal or state program, unauthorized immigrants themselves by and large are ineligible for such programs because of their immigration status.

In response to the repeated demands of our contemporary Nativists that we just deport the 11.7 million unauthorized immigrants, the report noted:

Aside from the astronomical costs it would impose and the fact that it’s likely to be a logistical impossibility, it would actually hurt, not help, the economy and the jobs situation…while unauthorized immigrant workers add to the supply of labor, they also consume goods and services, thereby generating economic activity and creating jobs. One way to think of this is to remember that the labor force is growing all the time due to both immigration and native-born population growth, and that’s okay, because the economy expands too. We all understand this intuitively; that’s why we don’t worry when a new graduate enters the labor force. We know those new graduates buy food and cars and clothes and pay rent. By the same token, unauthorized immigrants are not just workers, they are also consumers. We could remove them, which would indeed reduce the number of workers, but it would also reduce the jobs created by the economic activity they generate. So the right choice is to bring the unauthorized immigrants who are already here out of the shadows so they can help the country realize its economic potential.

Finally, the report also addressed the influx of unaccompanied children from Central America:

Tens of thousands of migrant children (or minors) from Mexico and Central America arrive at the Southwest border every year without a parent or guardian, but more recently, they have been arriving in increasing numbers from the Northern Triangle of Central America: El Salvador, Guatemala, and Honduras… some of the principal reasons for their arrival are violence and criminality in their home countries (El Salvador, Guatemala, and Honduras have some of the highest homicide rates in the world), including being forced to join criminal gangs under threat of violence or death; false rumors that children will receive some sort of legal status if they show up on the border and turn themselves in to immigration authorities; and the desire to reunite with family members living in the United States.

(What the dry language of a research report fails to note is that these are children–frightened, alone and desperate for safety, and that the vitriol with which they are being met is shameful, and should be a national embarrassment.)

Those of us who have a forlorn attachment to hard evidence and documented facts can continue to hope that eventually, reality will inform policy.

Eventually.

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Religious Liberty? Hardly.

Historians tell us that the Establishment Clause of the First Amendment went through more than 20 drafts, with the Founders rejecting formulations like “there shall be no National Church.” The Establishment Clause prohibits the government from making any law “respecting an establishment of religion.” The courts have uniformly held that this language not only forbids the government from establishing an official religion or state Church, but also prohibits government actions that endorse or sponsor religion, favor one religion over another, or that prefer religion to non-religion, or non-religion over religion.

In other words, government is prohibited from playing favorites–from either benefitting or burdening citizens based upon their beliefs or lack thereof.

There’s constitutional principle, and then, of course, there’s real life.

A woman named Margaret Doughty, who has lived in the U.S. for 30 years, recently applied for US citizenship. One of the standard questions asked of applicants is  whether they would be willing to take up arms to defend the country. According to Ed Brayton over at Dispatches from the Culture Wars, Doughty replied as follows:

“I am sure the law would never require a 64 year-old woman like myself to bear arms, but if I am required to answer this question, I cannot lie. I must be honest. The truth is that I would not be willing to bear arms. Since my youth I have had a firm, fixed and sincere objection to participation in war in any form or in the bearing of arms. I deeply and sincerely believe that it is not moral or ethical to take another person’s life, and my lifelong spiritual/religious beliefs impose on me a duty of conscience not to contribute to warfare by taking up arms…my beliefs are as strong and deeply held as those who possess traditional religious beliefs and who believe in God…I want to make clear, however, that I am willing to perform work of national importance under civilian direction or to perform noncombatant service in the Armed Forces of the United States if and when required by the law to do so.”

Seems like a heartfelt and entirely acceptable position to me, but no. The immigration service responded by demanding that she “submit a letter on official church stationery, attesting to the fact that you are a member in good standing and the church’s official position on the bearing of arms.” In other words, unless she can demonstrate an affiliation with an established church with an established position on the bearing of arms, this 64-year-old woman cannot become a citizen.

The official position of the immigration service, evidently, is that atheists cannot have moral objections to killing other humans. (Nor, presumably, can members of churches without “official positions” against violence. If you are a Quaker, okay; if you are a Presbyterian or a Jew, not so much.)

When the U.S. still had a military draft, this same approach imposed a real burden on conscientious objectors who could not claim membership in a pacifist congregation. Eventually, the courts agreed that personal moral positions would be deemed adequate–but only if the individual claiming conscientious objector status could “prove” that he had long harbored such compunctions. Members of religious congregations could simply verify that membership; non-members and non-believers had to provide “clear and convincing” evidence of their beliefs, by bringing in people who would testify to past conversations, letters they’d written expressing pacifist sentiments, or the like.

You might think about that, and about Margaret Doughty, the next time some rightwing pundit whines about the advance of the secular hordes, or the (non-existent )”war on Christianity.”

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