Comprehensive immigration reform is not a political option for Speaker Boehner to reject or for President Obama to abandon. Two years ago, the Supreme Court, in Arizona vs. United States, required the States to stand-down to allow the federal government the opportunity to restructure our dysfunctional immigration system. To date, the federal government has not achieved the objective.
The President is a national symbol of unity, singularly positioned to coalesce disparate factions of the population to achieve objectives deemed to be in the best interest of the country. The Speaker of the House, elected by the entirety of the people’s legislative chamber, is a national symbol of equality, with the power to influence both the House and the Senate to adopt legislative solutions to accomplish these objectives.
The President and the Speaker should be mindful that the Supreme Court’s federalism jurisprudence that accords deference to the federal government also imposes on it an affirmative duty to conclude comprehensive immigration reform. Therefore, neither Congress nor the President has the authority to continue to allow the political process to yield inaction. The Supreme Court clarifies that the rule must be “comprehensive”, and further sets forth that this unified system must be functional under current social and economic conditions. It must operate in a manner that is firm, fair, and consistent with due process for citizens and non-citizens, taking into account the full range of relevant issues (human rights, economics, education, domestic policy, foreign affairs, etc.). Policy decisions must be based on a “political will informed by searching, thoughtful, rational civic discourse.” Time is of the essence.
Yet our current immigration system remains broken. And the States retain the power reserved to them if the federal government fails to act. Children are being deprived of the fundamental right to be raised by their own parents, placed into foster care when their mothers and fathers are deported. American business is absorbing increased operating costs, compliance risk, and losses in productivity due to immigration requirements contrary to market realities. Families are fractured.
The country is losing revenue not only from deported workers but also from the multitude of businesses whose profits depend on them. Foreign allies confront losing billions in remittances and foreign direct investment provided by these workers.
The Supreme Court declared that immigration policy shapes our destiny, expressly stating that our history “is in part made by the stories, talents, and lasting contributions of those who crossed oceans and deserts to come here.” Tomorrow’s history is today’s immigration policy—the President and the Speaker must act now to prewrite history and lead the nation to comprehensive immigration reform. After all, as Guthrie declared in 1940, “this Land was made for you and me.”
Avendaño is Executive Editor of El Tiempo Latino
alberto@eltiempolatino.com
