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View Full Version : Expect "Rule of Law" to Rule Immigation Policy Under Napolitano


Ianus
11-21-2008, 06:41 PM
I guess this (http://borderlinesblog.blogspot.com/2008/11/expect-rule-of-law-to-rule-immigation.html) would go well with the Democrat's "Get right with the law" message.
.....The “rule of law” framing for immigration works well for anti-immigration groups since it allows them to chart a course that is ostensibly separate from the nativists, economic populists, and white supremacists who spirit the grassroots ranks. It’s a message that is based historically and fundamentally on liberal principles of a government by laws not by royalty, aristocrats, and other elites.

Another part of Chertoff’s legacy is his straight-out acknowledgement that immigration policy is flawed, but until there is a new more comprehensive law in place, DHS has a mandate to enforce existing law.

Napolitano is by no means an anti-immigration hardliner. However, as a lawyer, former federal prosecutor, and a governor who has insisted on more border control and stood behind a tough employer-sanctions law, she will fit easily into the “rule of law” framework for directing ICE and CBP operations.

It’s a framework that has already been adopted by the Democratic Party and to a certain extent by Obama.

When asked by CBS’ Katie Couric about his illegal immigrant aunt, Obama appealed to this framework as one that should prevail in immigration policy.

Couric: “You have an aunt who’s been living in this country apparently illegally, and your campaign says any and all appropriate laws should be followed. So would you support her being deported to Kenya?”
Sen. Obama: “If she is violating laws those laws have to be obeyed. We're a nation of laws. Obviously that doesn't lessen my concern for her. I haven't been able to be in touch with her. But I'm a strong believer you have to obey the law.”

During the campaign, Obama repeatedly said, as did Hillary Clinton, that, with regard to the immigration issue, America can be "both a nation of immigrants and a nation of laws."
Acknowledging that the immigration restrictionists were dominating the immigration debate, the Democratic Party and its allies have over the past year desperately sought to reframe the immigration crisis while at the same time attracting the allegiance of Latinos and “New Americans.” Their new language about immigration policy—"nation of laws," "rule of law," and "required legal status"— started popping up everywhere, from the pronouncements of immigrant-rights groups to the Democratic Party platform.

Instead of promising an "earned path to citizenship," as it has in the past, the party stated that illegal immigrants will be required to “get right with the law.”

"For the millions living here illegally but otherwise playing by the rules, we must require them to come out of the shadows and get right with the law," states the party's platform. "We support a system that requires undocumented immigrants who are in good standing to pay a fine, pay taxes, learn English, and go to the back of the line for the opportunity to become citizens."

As governor, Napolitano has attempted to navigate between the vocal and highly-organized anti-immigrant forces and those Arizonans who resist succumbing to those forces of hate and reaction (from the business community to Latino and humanitarian groups). While realistic about the impossibility of completely sealing the border, she has called for more border patrol agents, deployed the state’s National Guard, and supported for increased federal-state cooperation in immigration law enforcement, albeit at the same time opposing the immigrant crackdown launched by the infamous Maricopa County Sheriff Joe Arpaio.

All the while, Napolitano has complained that the responsibility for addressing immigration-related issues lies with the federal government. She says she supported a tough legalization law, and, like Chertoff, has expressed strong support for temporary and guest-worker programs.
As Homeland Security secretary, Napolitano can be expected to follow the lead of Chertoff and the Democratic Party in insisting that current immigration laws be strictly enforced in order, as ICE and CBP routinely, “reassert the rule of law” in immigration and border control. In the absence of a reform law that provides a path to citizenship for the country’s 11 million illegal immigrants that route forward will be a victory for those calling for calling for restrictive policies on legal and illegal immigration.

Like Chertoff, she will have no power to shepherd through Congress a new immigration policy. What she can do, however, is reject the practice of her predecessor of using the law as part of a deterrence strategy. Through highly publicized raids on worksites and through the shackling and imprisonment of immigrants, the DHS has sought to use the law to terrorize existing immigrant communities as part of a strategy to deter future illegal immigration.

Napolitano can also use her position as a bully pulpit to explain that the rule of law is not an end goal. It’s a path to justice. America is both a nation of laws and one where justice prevails, or it should be.