Joe Biden is making a huge mistake by lurching to the right on immigration, away from his base and toward Donald Trump and the Republicans. In trying to be seen as tough at the border, ending asylum and curtailing immigrants’ rights, he is forgetting what happened the last time a Democratic president did right by immigrants in a big way.
It happened 12 years ago this week, in the summer of an election year. Barack Obama took bold executive action to expand rights for an entire generation of undocumented immigrants. It was the right thing to do – and it helped him immensely at the polls.
The move was Daca – Deferred Action for Childhood Arrivals. The policy offered hundreds of thousands of young immigrants brought here as children, known as Dreamers, renewable protection from deportation and permission to work legally. It was the most important advance for undocumented immigrants in more than two decades.
Ever since Congress first comprehensively regulated immigration with the Chinese Exclusion Act of 1882, every generation since has seen immigrants fighting for legalization (or political equality) the way that previous generations moved from illegal to legal status. Germans, Jews, Irish, Italians, newcomers from across Asia – they were all Dreamers once. They all benefited from presidential leadership.
During the Covid lockdown, I taught a course at the University of California, Los Angeles, on the history and legacy of Daca. My students – some of them Dreamers themselves – learned what a landmark achievement it was in the evolution of US immigration policy, while placing it within the long continuum of immigrants’ progress from “illegal” to “legal”. White nationalism and xenophobia are forever flaring up in our history, and immigrants are always the scapegoat. But until recently, US presidents have doused the flames of nativism while expanding the country’s capacity for inclusion and shared prosperity.
On 15 June 2012, against the advice of his advisers, Obama stepped out into the Rose Garden to announce the new policy: if young people came forward and registered with the Department of Homeland Security, he would give them what some would call amnesty. Rather than being electrocuted on the so-called “third rail” of US politics for advancing immigrants’ rights, Obama won re-election with an overwhelming share of the Latino vote. His Republican opponent, Mitt Romney, looked cruel and even foolish by comparison. The incipient Tea Party movement was rattled.
By November, after Obama secured a come-from-behind victory, Beltway pundits acknowledged that it had been a good idea to advance equal rights for undocumented immigrants. Even Sean Hannity of Fox News changed his tune and declared that he had “evolved” to support a “path to citizenship” for the longterm undocumented.
This may seem like a forgotten memory from before the twin plagues of Trumpism and the pandemic threw politics as we knew it into a black hole. But Dreamers, their families, and their employers remember what Obama did. Daca gave about 600,000 young people the chance to plant roots and contribute to the national well-being. A small fraction of the country’s estimated 11 million undocumented immigrants finally caught a break and our economy and society didn’t collapse. Things actually got better.
The biggest Daca myth is that it was a gift that a benevolent Obama bestowed on a needy and timid cohort of immigrants. On the contrary. Obama had stubbornly resisted using his deferred action authority, saying the constitution didn’t allow it. The Dreamers knew better; they found their own lawyers (I was one of them) to make their case, and they pushed the idea that the executive branch had every right to exercise discretion and its limited resources, particularly to recognize the inexorable fact that all immigrants’ status inevitably change over time.
The reasons people come to America are very often different from the reasons they stay. Quite literally since the Declaration of Independence in 1776, constitutional values of inclusion have always powered through political forces of exclusion to expand the definition of who deserves equal rights.
Emulating the gift that 1960’s civil-rights leaders bestowed on the country, Dreamers marched, fasted, protested and prayed. They had sit-ins and teach-ins. Significantly, they committed acts of nonviolent civil disobedience. They got themselves arrested and thrown into deportations. All to prove that Obama could and should use his presidential authority to expand protections for undocumented immigrants. They played political hardball too, vowing to take their support to whoever would listen to them – perhaps evenMarco Rubio, a senator from Florida, back when he was seen as a Republican who could be reasoned with.
Unlike Biden, Obama began his presidency tacking hard to the right on deportations. He used his discretion to conscript police and sheriff’s departments across America into civil immigration enforcement. Imagine if all cops were compelled to check someone’s tax status with the IRS upon arrest – that is what Obama did with immigration. It is a decision he came to regret.
While Obama carried out record deportations (significantly more than Trump), he resisted the Dreamers as long as he could. He spent his first term convincing the immigrant rights lobby to suspend their criticism of his deportations with the promise that he was pursuing a long shot “comprehensive” immigration deal with Republicans that would trade a harshly militarized border, workplace crackdowns and interior removals in return for a so-called path to citizenship for 11 million undocumented residents.
Obama kept his end of the enforcement bargain by setting a record on expulsions that led immigrant-rights advocates and even The New York Times editorial page to label him “the Deporter-in-Chief”. While some in the administration winced at the moniker, Obama’s political advisors like David Axelrod and Rahm Emanuel likely rejoiced: by moving to the right on immigration, Democrats ostensibly took an issue away from Republicans, while making caricatures of Republicans as anti-Latino racists.
But the Republicans kept demanding more – and getting it. And then they got Trump. Not long ago the Republican immigration agenda was more border personnel, workplace verification and scattered job-site raids. Now they’ve moved on to second world war-style detention camps, with the US military used to effectuate the mass expulsion of millions.
What did Obama and the Democrats achieve by trying to out-tough xenophobic Republicans on immigration? Little to nothing. They’re still labeled the party of amnesty by the Maga media machine. And to their own fractured coalition, their position on immigration became incomprehensibly illegible.
Most insidiously, their weakness coupled with their own record of deportations gave Trump and his party tacit permission to be even worse. Every capitulation by the Democrats on punishing immigrants is seized on by Republicans as ratification of their big lie – that the country is being invaded and that the only way to save America is to shut the border and drive the dangerous aliens out.
What is the alternative? Remember Daca. Remember how it was achieved. By fighting back. Honor and learn from the courageous young immigrant civil rights leaders who – putting their lives and livelihoods at risk – pushed Obama into the one immigration action he can be proud of. At this dire moment for the country’s future, we need more courage, not less. From everyone, but especially from Biden.
If he values his legacy, Obama should step up alongside those immigrant kids (now adults) who convinced him to do the right thing. He should urge his friend and successor, Biden to do the same: respect and protect immigrants’ rights, draw from their courage as the nation trembles with fear of the prospect of Trump seizing power again.
It is not hyperbole to fear, as the current president is fond of saying, that US democracy itself is on the ballot in this election. If it is to prevail this November, Biden must learn the lesson from Daca and use his singular authority to expand the definition of who “we” are as Americans. If he does so, he and the country will be rewarded.
Chris Newman is legal director of the National Day Laborers Organizing Network, which advocates for immigrants and low-wage workers’ rights
Source: US Politics - theguardian.com
