The Not So Good Result of the Election…

Now that the balance of power has been shifted once again, many are left wondering what the shift will really mean. From an immigration point of view, it could be kind of scary. Here’s why:

In the new Congress, Lamar Smith (R-TX), the current Ranking Member of the House Judiciary Committee will likely be named chair of that committee. Steve King (R-IA) is expected to become chair of the House Subcommittee on Immigration. Under their leadership, there will be more support for enforcement-only legislation, increased resources for border and interior enforcement, and greater scrutiny of the Administration’s enforcement of immigration laws. In particular, there will almost certainly be proposals that increase penalties for immigration-related crimes and make the removal of immigrants with criminal convictions easier. In addition, both Smith and King have supported proposals that authorize state and local law enforcement officers to enforce immigration laws. Finally, we can expect increased scrutiny of DHS enforcement practices by Congress and increases in funding for both border and interior enforcement.

If that wasn’t enough, you might possibly see these kinds of actions from the Smith/King combo:

– Criminalization of Immigrants:
– Make unlawful presence a federal crime
– Stiffen criminal penalties for illegal entry and reentry
– Expand Operation Streamline, a zero-tolerance border enforcement program that criminally prosecutes even first-time border-crossers

There’s more in the realm of possibilities here and these possibilities would be a disaster for our chances for an immigration policy in the U.S. that actually makes sense:

Increased Role of Local Law Enforcement in Immigration Enforcement:

– Grant state and local governments and law enforcement inherent authority to enforce federal immigration laws. Such legislation would invalidate the argument that SB1070 is preempted by federal law.
– Expand 287(g), the federal program that deputizes local police to enforce immigration laws.

– Expand Secure Communities, the federal program that uses fingerprints obtained a booking to check immigration status.

My translation of all this: it’s going to be an uphill battle to develop a coherent, fair, and balanced immigration policy for our country as the 112th Congress begins work on January 1, 2011. Time will tell.