Immigration Advocates Place Their Faith in Obama

Atlantic

By David A. Graham

June 1, 2015

Immigration Advocates Place Their Faith in Obama 

Time and again, the Obama administration has stepped forward with a new initiative on immigration. Time and again, those efforts have encountered difficulty, and time and again the White House has thrown up its hands, said it has done all it can, and tried to move on. And each time, immigration advocates have reacted furiously, successfully pressuring the administration to take back up the banner.

[…] Once again, Obama’s initiatives have hit a rough stretch, though. First, in February, federal district Judge Andrew Hanen ruled against the program in a suit brought by Republican officials in 26 states. In addition, he put an injunction against it, meaning the administration couldn’t move forward with it while the challenge was ongoing. The administration appealed Hanen’s decision to the Fifth Circuit, and it separately made an emergency request to the circuit to remove the injunction. On Tuesday, a panel of judges refused to stay the injunction, and on Wednesday the administration quietly said it wouldn’t appeal that decision to the Supreme Court.

But something strange has happened: Rather than erupt in anger at the White House’s concession, advocates have mostly lined up behind it. Why is this time different?

Part of it is legal strategy. Part of it is politics. But perhaps the largest part of it is a simple matter of trust: For the first time in a long time, the relationship between the White House and immigration advocates seems to be going well.

“Obviously, our experience has been like pounding our heads against the wall for the first six years. Increasingly, advocates were seen as opponents rather than folks they could partner with,” said Frank Sharry, the executive director of pro-reform group America’s Voice. But now, Sharry said of Obama, “He’s earned more trust.”

The low point in the relationship came in September 2014, when Obama—having promised executive action before the election—changed his mind, bowing to pressure from Democrats in tough races who worried the move would endanger them. Advocates were livid. (Democrats were still pummeled at the polls in November.)

Maybe the relationship just had to hit rock bottom to recover. Advocates were jubilant when Obama finally moved forward in November, and the legal challenge to the rule offered a chance for the White House to demonstrate good faith once again. When Hanen ruled against the administration, the administration appealed the decision to the circuit court. But it also requested an emergency stay of the injunction, asking the court to let it move forward with the changes while the legal challenge moved on.

[…] The pro-immigration side hopes that the Supreme Court, assuming it takes the case, could put the issue of immigration at center-stage right as the election heats up. If the Court heard the case in the next term, its decision might be delivered late in the term, perhaps in June 2016. […]

Advocates hope that such a decision would make candidates of both parties, but particularly Republicans, take a stand on a specific immigration question. Rather than simply being able to say that they support comprehensive immigration reform—a vague statement—they will be asked what their views are on a clear legal matter, noted Clarissa Martínez-De-Castro, deputy vice president of the National Council of La Raza. The issue plays in down-ballot elections, too. There are Senate elections in several states with large Latino populations that are expected to be close, including Illinois, Florida, Nevada, and Colorado.

[…] Moreover, it would be yet another setback for immigration reformers. But that’s months away. For now, at least, they feel like they have allies in high places.

For more information, go to:  www.beverlyhillsimmigrationlaw.com