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Guest Column

Immigration Benefits from the New Majority Party

 

Immigration Benefits from the New Majority Party
IMMIGRATION DAILY FROM ILW.COM

The number one question on the minds of many in the immigration law community is "What are the chances of immigration benefits from the new Congress"? Specifically, whither legalization? whither SKIL? whither AgJOBS? whither DREAM? Here's our take on immigration benefits bills over the next several months.

Firstly, the message on immigration from the electorate was nuanced (unlike the clear repudiation of the Administration's Iraq policy by the electorate). While Rep. Hayworth and the pro- vigilante Mr. Graf both lost in Arizona, several anti-immigration initiatives won by big margins there. Many of the Democrats who won ran to the right of the Republicans they faced on immigration enforcement. So, the vote for the Democratic Party on election day was not a straight-forward vote for legalization and comprehensive immigration reform. What this means is that to expect knee-jerk support for massive immigration benefits from the incoming Democratic leadership is unrealistic.

On the other hand, there are two big reasons to expect serious immigration benefits legislation, and to expect this relatively soon. There is no question where the heart of the Democratic leadership is on immigration benefits, and they want to deliver for their causes and constituents when they are able to. Furthermore, it does not take a genius to realize that there will be precious little in common between the President and new Democratic majorities in the coming Congress. Immigration offers one of the few grounds of genuinely common interest, where it is to their mutual advantage to work together to get concrete legislation enacted.

Some have suggested that the above factors may set the stage for some combination of SKIL and/or AgJOBS and/or DREAM to be enacted, but not comprehensive reform, particularly if significant concessions on benefits have to be made by incoming Speaker Pelosi, involving perhaps depriving millions of the undocumented from legalizing. We believe that comprehensive reform along the lines of the McCain-Kennedy bill, even with significant concessions, is more likely than narrower bills, since a broader approach will more easily produce a winning coalition. (This is also the reason why not much may happen in the coming lame duck session, since a broad bill may need more time to put together than the lame duck affords.)

The biggest reason for incoming Speaker Pelosi to get an immigration bill passed, even if significant concessions on guest workers and increased enforcement and reduced benefits have to be made, is what such legislation will do the anti-immigration hot- heads in the Republican Party for the 2008 presidential election. It is entirely possible that Rep. Tancredo will take any kind of benefits legislation as provocation enough to launch a third- party candidacy for President in 2008. Such a move may well eat away any where from 1% to 5% of the Republican vote, and this possibly in several key battleground states. This alone may guarantee a Democratic White House, which is in the Democratic
Congressional leadership's interests to work for, even if it means stepping on a few liberal toes in horsetrading on the language of the bill.

We believe that there is probable ground to expect some action in the early months of the new Congress with some form of McCain- Kennedy being enacted into law. For the long suffering immigration law community, this is sweet anticipation indeed.
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