Archive for May 31st, 2011

Sen. Jon Tester supports anti-immigrant policies and impedes immigration reform.

A guest post by Helena Immigration Attorney, Shahid Haque-Hausrath, posted by Jamee Greer

Jon Tester (D-MT) is facing a tough run for re-election to the U.S. Senate, but he just keeps giving progressives more reasons not to vote for him. His track record on immigration issues has been abysmal, as I’ve written about before. Make no mistake about it — Tester is probably the worst Democrat in the Senate on the issue of immigration, and he is one of the most vocal. The way he talks about the issue, you would think Montana wasn’t one of the states with the least number of immigrants in the whole country.

Despite outrage over his despicable vote against the DREAM Act, Tester hasn’t decided to leave immigration policy to states that actually have a dog in the fight. You won’t see him bragging about his DREAM Act vote, mind you — after all, Daily Kos famously called him an “asshole” for that reprehensible vote, and he doesn’t want to rekindle the ire of the netroots crowd. However, he has continued to make his anti-immigrant positions a core part of his campaign, jumping at every opportunity to link immigration to national security concerns. For instance, when a college in California was found to be enrolling foreign students without proper accreditation, Tester quickly issued a press release noting that “several of the terrorists who attacked the U.S. on September 11, 2001, had entered the country using student visas.”

Recently, Jon Tester put up two web pages on the issue of immigration that are so ignorant you would think Tester locked anti-immigrant zealots Mark Krikorian and John Tanton in a room with a bottle of whiskey and posted whatever they came up with.

In fact, these two immigration pages are so wrong-headed that they require some analysis and interpretation to fully make sense of them. One web page outlines his unsophisticated view of the immigration issue in four paragraphs. His other page lists his immigration “accomplishments.” (By accomplishments, Tester seems to mean ways he has screwed immigrants and wasted federal money.) I’ll review both of the pages together.

Jon’s position on immigration is simple: people who wish to immigrate to the United States must follow the rules, and we must enforce them. That’s why Jon opposes amnesty for illegal immigrants.

During his first year as Senator, Jon helped put a stop to a bill that would have granted amnesty to illegal immigrants living in the United States.

Jon voted in 2007 to defeat the Immigration Reform Bill, telling his colleagues, “We don’t need hundreds of pages of expensive new laws when we can’t even enforce the ones we’ve already got on the books.”

Where do we start? Polls have consistently shown that the people think our immigration system is broken and want some form of immigration reform. The last time our immigration laws were substantively changed was in 1996, and almost everyone agrees that those changes were ineffective — in fact, they created more problems than they solved. People are frustrated by the federal government’s failure to act, and don’t believe that “enforcement only” solutions are going to work. As a result of the federal government’s inertia, states like Arizona, Utah, and Georgia have begun to enact their own immigration policies, which raise significant constitutional concerns including due process violations and racial profiling. While I strongly oppose state level enforcement of immigration laws, and I believe that these state laws are misguided, it is difficult to fault the states for at least trying to take action when the federal government will not.

Yet, Jon Tester considers it an “accomplishment” that he has ignored the will of the public and done absolutely nothing to fix our immigration system. In fact, he is proud that he helped derail immigration reform in 2007, and has continued to sabotage efforts to reform our immigration laws. It’s nice that he sets the bar so low for himself, but the rest of the country is expecting a little more.

Tester refuses to acknowledge that our system needs to be fixed, stating “we don’t need hundreds of pages of expensive new laws when we can’t even enforce the ones we’ve already got on the books.” The problem, of course, is that our system is broken and we need to reform our laws in order to more effectively enforce them. Current immigration reform proposals aim to increase enforcement on the border and interior of the country, but recognize that in order to curb undocumented immigration we also need to fix some of our laws that are creating the problems in the first place. For instance, our laws include huge gaps in coverage, where many family members have no reasonable opportunity to immigrate legally to the United States. Among other things, reform proposals would open new paths to family-based immigration that were causing needless undocumented immigration.

Tester remains willfully obtuse in his opposition to so-called “amnesty” for immigrants who lack lawful status. “Amnesty” means a general pardon for an offense against the state, but Tester uses the term “amnesty” to refer to any changes in the law that would create a path to legalization — even if the path is strenuous and imposes a strict set of requirements. He even used the term amnesty to refer to the DREAM Act, which would have created a seven (or more) year path towards citizenship for men and women who serve our country in the military or go to college. There is no “amnesty” on the table, and there hasn’t been for years. Instead, what is being proposed is a way for immigrants who are already here to earn their way back into lawful status by paying fines, back taxes (if they haven’t already been paying like most immigrants), and potentially even community service. After all, even Newt Gingrich understands that it is not realistic to deport all of the 11 million people who are here without status.

Finally, comprehensive immigration reform won’t be expensive, as Tester states, but will actually increase wages for all workers and improve our economy. Time and again, it has been proven that spending money on border security alone, without any other changes to our laws, is untenable and ineffective. Nevertheless, Tester has chosen to advocate these “enforcement only” solutions.

Instead [of immigration reform], Jon has focused his energy on boosting security along America’s borders, particularly our northern border with Canada. From his seat on the influential Appropriations Committee, Jon has secured investments to combat the flow of illegal drugs into the United States, as well as critical investments upgrading Ports of Entry along the Canadian border.

That same year, Jon introduced and passed into law a measure requiring the Homeland Security Department to report on weaknesses along the northern border and develop a plan for improving northern border security.

So let me get this straight: Instead of working for immigration reform to help the entire country, Tester is pushing for huge government expenditures to protect us from Canada? It is foolish to tout Canadian border security as an alternative to comprehensive immigration reform, because it is clear that the risks from an unmonitored northern border have almost nothing to do with the larger immigration problems our country is facing.

While the GAO issued a report stating that Department of Homeland Security needs to work better with other agencies and partners along the northern border, the GAO didn’t endorse Tester’s crusade to spare no expense to “secure” the border. Indeed, the GAO previously pushed back on claims about insecurity on the northern border.

Nevertheless, Tester is so eager to appear strong on immigration enforcement that he managed to get an appropriation for military grade radars on the Canadian border. He also wants to expand the use of unmanned drones (and they are already being used in some areas). Those radars and drones would have come in handy last year, when I helped a Canadian kid who got lost and accidentally drove his ATV across the border.

As George Ochenski put it: “For most Montanans, the border with Canada has never been and likely will never be seen as a threat. After all, the U.S. and Canada share the longest border on the continent, and it has been our ally in world wars as well as regional conflicts. It’s also our largest trading partner and our closest, largest and most secure source of oil. Treating Canada as some variant of Pakistan’s border is, in a word, insulting to both Montanans and our Canadian friends.”

Jon was the only Senate Democrat to put his name on legislation pumping new resources into border protection for new technology and new border patrol officers. Jon cosponsored the measure after securing a pledge that a certain percentage of those new resources would be spent along the northern border.

Here’s a tip for Tester’s staffers: When you’re the only Democrat to put your name on a piece of legislation, its probably nothing to brag about. The bill that Tester is referring to is actually a corollary to one that was introduced by his opponent, Rep. Denny Rehberg (R-MT). Jon Tester partnered up with Lindsay Graham (R-S.C.) and John McCain (R-AZ), among other Republicans, to co-sponsor a $3 million amendment. This bill also funded construction of the fence along the Mexican border — a project that has been abandoned and condemned as a tremendous failure and waste of billions in taxpayer dollars.

And from his seat on the influential Appropriations Committee, Jon has secured investments to combat the flow of illegal drugs into the United States, as well as critical investments upgrading Ports of Entry along the Canadian border.

One of Tester’s “critical upgrades” was a $15 million dollar renovation to the border station in Whitetail, MT, which was reported to get about five crossings a day and no commercial traffic. After facing criticism for needless spending, Tester and Max Baucus reduced the appropriation to only $8.5 million. Meanwhile, Canadian officials closed the road leading to this border station, rendering the whole project useless. This embarrassing episode didn’t make Tester’s list of accomplishments.

Of course, even though he votes against any legislation that isn’t directed purely towards deporting immigrants, Tester wouldn’t want you to get the impression that he is against immigration:

Jon knows that legal immigrants, like his grandparents, helped build America into what it is today. But he also believes that no one is above the law.

In public statements and constituent letters, Tester is constantly stating that his grandparents “waited in line” and followed the rules, implying that new immigrants should be expected to follow the same process. However, it appears that Tester’s ancestors entered the country in 1916 — before our current immigration system even existed. At that time, our immigration policy was comparable to an “open border” policy. Years later, quotas were enacted to limit immigration and more stringent criteria for entry were developed. It was not until 1965 that the current Immigration and Nationality Act was enacted, with its very limited methods for gaining permanent residence in the U.S.

There is no question that Jon Tester’s ancestors faced a dramatically different immigration system than those who are immigrating today. Tester and other enforcement advocates often evoke the image of a “line” that immigrants must simply wait in. However, the truth is that for most immigrants, there is no “line.” Tester’s own grandparents may not have been able to enter the country under our current immigration scheme.

Jon Tester seems intent on mimicking Rehberg in many ways, including sharing his anti-immigrant views.

Jon Tester’s vocal anti-immigrant positions have placed Montana progressives in a difficult position. Contrary to the attacks of those who want to silence any opposition to Tester’s bad policies, none of us are excited about the prospect of his opponent, Dennis Rehberg, being elected to the Senate. Indeed, Rehberg’s stance on immigration is no better than Tester’s. However, Tester’s ignorant views on immigration are also making it impossible for us to lend him our vote.

Tester’s positions on immigration are not gaining him support with Republicans, but they are causing a split among Democrats. The best thing for Jon Tester to do is distance himself from the issue of immigration, because each time he opens his mouth, he brings many progressives closer to sending a difficult message: The progressive movement cannot tolerate a Democrat who has an anti-immigrant agenda, regardless of the consequences.

Shahid Haque-Hausrath blogs about local immigration issues at Border Crossing Law Blog.

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