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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Wednesday, August 26, 2015

Dear Republicans: You could have avoided this whole Donald Trump disaster

Washington Post (Plum Line)
By Greg Sargent
August 25, 2015

The consensus among many of our wisest political observers is that Trump-ism is a real phenomenon, that it’s here to stay for the near future, and that it may pose a real long-term risk to the GOP. In a piece entitled, “Can the Republican Party survive Donald Trump?” Molly Ball reports that GOP donors and strategists are fretting that Trump has exposed the GOP’s “fault lines” on immigration in ways that could do the party untold damage in 2016.

And Time magazine reports that GOP pollster Frank Luntz held a focus group designed to plumb the sources of Trump’s appeal, and left stunned. “You guys understand how significant this is?” Luntz said afterwards. “This is real. I’m having trouble processing it. Like, my legs are shaking.”

So here’s a friendly reminder: this whole Trump mess probably could have been avoided. If Republicans had simply held votes on immigration reform in 2013 or in early 2014, it probably would have passed. That likely would have made it harder for Trump-ism to take hold to the degree it has so far.

Before you ridicule me for suggesting that Republicans would be better off today if they had simply done what I wanted them to do — pass immigration reform — please recall that GOP leaders themselves said at the time that they wanted to pass immigration reform. Even reform that included a path to legalization for the 11 million.

In July of 2013, House Speaker John Boehner strongly suggested that he would hold a vote on some kind of bill that included legalization, in order to “find out” whether it could pass the House. In January of 2014, House GOP leaders rolled out a set of broad principles that included a path to legal status. These were real steps forward for a party whose nominee had embraced self-deportation less than two years earlier. In the spring of 2014, Boehner even mocked fellow Republicans for their reluctance to embrace reform, mimicking them as follows: “Ohhhh. Don’t make me do this. Ohhhh. This is too hard.”  Watch that again today:

But conservatives revolted, Boehner shelved plans to pursue reform, and Republican leaders and aides quietly assured reporters that the party could always pass reform in 2015, to fix the Latino problem in time for 2016.

But some Republicans explicitly warned at the time that if the party failed to pass reform in 2014, it would only get harder to do so in 2015, because the GOP primaries would start up. GOP pollster Whit Ayres warned:

“If Republicans wait until 2015 to tackle this issue, that puts a very emotional and controversial issue right in the middle of the Republican presidential selection process. The opportunity for demagoguery will be exceedingly prevalent if we wait that long. It could drag the entire field to the right on immigration.”

Veteran GOP operative Rob Jesmer similarly warned that if Republicans didn’t embrace reform, “presidential politics will consume our party, which will make it more difficult to get it passed. ” Jesmer added: “We will severely diminish our chances of winning the presidential election in 2016 if this isn’t solved.” And as Jonathan Chait details, some conservative pundits, operating from the same rationale, also called for Republicans to pass “immigration reform as quickly as possible” and take the short term hit from the right, “allowing the base to vent its spleen and make up in time for the presidential campaign.”

In other words, some Republicans warned at the time that the party needed to embrace reform precisely to avoid the epic slow-motion disaster that might unfold if immigration got tied up in primary politics, creating fertile conditions for a talented demagogue to pull the party further to the right. Which is exactly what is happening now.

To be fair, it’s hard to know for certain if passing reform then would have led to less fertile soil for Trump-ism to take root later. It’s a counter-factual, and Trump-ism appears to have many causes.

But it’s hardly an unreasonable suggestion. Imagine if House Republicans had simply held a vote on the Senate immigration bill, passing it with a lot of Dems, or had passed their own proposals and entered into conference negotiations that resulted in a bill that included legalization. The resulting measure would have meant enormous new investments in border security that would have carried — and this is a crucial point — bipartisan buy-in. As it is, border apprehensions have been at near record lows, and the flow of illegal immigration has leveled off, so the story Trump is telling is already ludicrous enough. But if Republicans and Democrats had cooperated to invest billions in further militarizing the border, it probably would have been harder still for Trump to tell his tale, and his immigration demagoguery might not have gripped his supporters’ imagination in quite the manner we’re seeing.

Also, if legalization had passed, Trump would obviously have had a tougher time calling for mass deportations. And at any rate, if Republicans had passed immigration reform, the long term damage Trump-ism (and his rivals gravitating towards his positions) could do to the party among Latinos probably would have been mitigated.

Obviously foes of legalization will argue that none of the above constitutes a substantive rationale for reform. But it bears repeating that many Republicans support legalization on substantive and even moral grounds. The party has long been split between those who can’t accept legalization under any circumstances (or unless some undefined ideal of border security has been attained first), and those who are willing to enter with Democrats into some kind of compromise that exchanges more border investments for concurrent legalization, under strict conditions. The former group of Republicans got their way. The latter group of Republicans didn’t. They declined to pursue that compromise. Even though they themselves knew that their punt could result in an outcome like the one Trump has bought us today.

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

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