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Obama and McCain on Immigration: Life vs. Death

By Roberto Lovato

New America Media, News Analysis

Jun 13, 2008

A recent story by Maribel Hastings of La Opinión provides the most comprehensive analysis yet of the similarities and differences between John McCain and Barack Obama around immigration policy. According to Hastings, "Both candidates support construction of a wall at the southern U.S. border. But the most important differences are less obvious and have more to do with what kind of reform the candidates advocate for and try to get approved, according to Cecilia Muñoz, vice president of the National Council of La Raza (NCLR)."

Among those revealing details, says Hastings, are small but important differences that may make a major difference in what will surely be an intense fight for the Latino vote. Hastings continues, "McCain, for example, is opposed to the DREAM Act, which would benefit undocumented students and Obama supports it;" adding that "McCain opposes the idea of giving driver's licenses to the undocumented, while Obama favors the proposal."

Reading Hastings' article, one can't help but think of how many other opportunities for differentiation the seemingly endless maze of migration law and policy offers the candidates – and the immigrant rights movement - this election year.

If only the political will to bring greater attention to these often life-saving details existed.

The most strategic and important opportunity to turn the page on the immigration debate via the elections does not orbit around the twin axes of legalization and border security favored by the liberal-conservative consensus of some Democrats, some Republicans and their allies. This is the approach of the McCain-Kennedy bill still favored by both candidates.

Much has changed for immigrants since that bill failed in 2006-2007. What is, without a doubt, the most significant change since backers of the various versions of the McCain-Kennedy bill failed to reform immigration policy in 2006-2007 is how rancid and radically bad - detention deaths, thousands of raids, massive deportations, traumatized children, steadily growing streams of hate media and hate crimes, etc. - the anti-immigrant climate has become thanks to the Immigration and Customs Enforcement (ICE) agency and others. In such a climate, "immigration reform" focusing primarily on legalization and "border security" seems out-of-touch, if not dangerous.

A more strategic, urgent and powerful immigration reform strategy has to center around the colossal tragedy caused by ICE, the colossal tragedy that is ICE. The greatest good Obama, McCain or anyone else can do to aid current and future immigrants is to put radically re-organizing, if not dismantling, ICE at the center of any discussion about "immigration reform" in the United States. Asking McCain and Obama to lead calls for either Congressional investigations or the establishment of a special investigative committee of some sort (as happened with detention facilities in Abu Ghraib and Guantanamo) seems like a good place to start. So would calls for the immediate resignation of ICE chief Julie Myers, who has overseen an agency that has sexually abused, physically beaten, drugged, used dogs against and even killed immigrant detainees in a manner not unlike that seen in offshore military detention centers. With increasing frequency since 2006, Hastings and other Spanish language reporters in print and electronic media outlets have filled pages and airwaves with tear-inspiring, almost daily reports of numerous forms of abuse, death and fear experienced by immigrants at the hands of ICE. 

In their efforts to differentiate themselves among voters, especially Latino voters, Senators McCain and Obama might also want these voters to see and hear them lead the fight to pass the Secure and Safe Detention and Asylum Act (SSDS), which was reintroduced last Wednesday by Senators Lieberman, Brownback, Kennedy, and Hagel. The SSDS addresses some of the more serious problems faced by immigrants in detention, problems recently brought to light by major news reports. The detention-focused legislation includes provisions for improved conditions and medical care, reporting of deaths, judicial review of detention for asylum seekers and other detainees, expansion of alternatives to detention and, most importantly, more oversight.

So, in the netherworld of the immigrant gulag growing on our shores, the small differences around the minutiae of immigration law can mean the difference between life and death, a difference that can win the hearts and minds of many voters this year.