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What Happens To Immigration Reform Now That The ‘Stalwart Of The Senate’ Is Gone

Sen. Edward Kennedy At 2006 Immigration RallyIn a USA Today article today crediting Sen. Edward Kennedy (D-MA) for having “fashioned the modern day” immigration system, immigration advocate Frank Sharry pointed out that Kennedy “laid the groundwork” for the sort of humane immigration reform that he had spent much of his political career fighting for, but never achieved. It’s hard to imagine an immigration bill hitting the Senate floor without Kennedy’s binding support, but the truth is he’s already paved the legislative road for its debut and equipped progressives with the guts and principles to see it through.

Sen. Kennedy kicked off his political career in 1965 with a major overhaul of immigration laws that eradicated ethnically-biased immigration quotas that made it nearly impossible for anyone other than Western Europeans to emigrate to the US. “He created Americans,” says Dana Houle of the Daily Kos. After changing the face of immigration, Kennedy spent the next 40 years fighting to change how the nation treated its newcomers. Kennedy helped pass the Refugee Act of 1980 that brought “U.S. law into compliance with the requirements of international law.” He fought with all his might against the harshest provisions proposed in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, described in the Cornell Law Review as the most “the most diverse, divisive and draconian immigration law enacted since the Chinese Exclusion Act of 1882.” In the more recent past, Kennedy cosponsored the DREAM Act to legalize hardworking undocumented students who have lived in the US most of their lives at no fault of their own and the Agricultural Job Opportunity, Benefits, and Security (AgJOBS) Act of 2005 to improve the lives of immigrant farmworkers.

Many aspects of Kennedy’s original Comprehensive Immigration Reform Act — which died in the Senate in 2007 — “continue to be the model” for comprehensive immigration reform today. With that said, there are some tough lessons to be learned from what went wrong that year. The final negotiated bill was attacked by both the left and the right, as both sides could point to major aspects of it that they were unwilling to swallow. Mary Giovagnoli says the immigration bill was “met with lukewarm support from many immigration advocates and was pilloried by those on the far right, who turned the Senate’s efforts to find a way out of our immigration mess into a personal vendetta against immigrants.” A small, but vocal minority of restrictionist constituents lit up the phones of Senate staffers who cowered and retreated in electoral fear. Labor was also adamantly opposed to the inclusion of a guest-worker program — something they perceived as a threat to wages, jobs, and immigrant worker rights. Kennedy will be remembered by many as the “master negotiater” and the “stalwart of the Senate.” But in 2007, it wasn’t enough.

Sen. Chuck Schumer (D-NY) is committed to giving immigration reform another shot, and he thinks he stands a good chance at passing it. Much like Kennedy partnered with Sen. John McCain (R-AZ) on immigration, Sen. Lindsey Graham (R-SC) will probably be Schumer’s Republican ally. But bipartisanship can’t just be symbolic. They’ll both have to reach out to conservative Democrats and other moderate Republicans — many who even Kennedy was unable to convince — in order to negotiate the votes needed to pass reform. Most importantly, Schumer will have to balance the delicate interests of business, labor, and immigration advocates, along with conservatives’ demands for harsh enforcement, without losing sight of the compassionate solutions that must be brought to immigrant communities across the country. It helps that the climate is a bit different this time around: immigration advocates are better organized, labor is on-board, the president is more engaged, and Latino voters have made clear that anti-immigrant rhetoric coming from Congress will render vulnerable nativist candidates obsolete. But if Kennedy were still around, he’d probably advise Schumer not to take any of that for granted.

When the 2007 immigration reform bill didn’t pass, Kennedy announced:

We will endure today’s loss and begin anew to build the kinds of tough, fair, and practical reform worthy of our shared history as immigrants and as Americans. Immigration reforms are always controversial. But Congress was created to muster political will to answer such challenges. Today we didn’t, but tomorrow we will.

While some argue that Kennedy’s death has left a “leadership gap,” the truth is his passing has yielded the floor to new voices who are versed in his political skills and progressive agenda. His notable absence doesn’t mean that his legislative triumphs and moral agenda won’t continue to guide the immigration debate closer to a fair and just solution. It would’ve been easier to reach with him, but it must be achieved without him.

Libya, Human Rights Watch, And McCain

gaddafiI think most Americans would agree that the decision of the Scottish government to release Libyan terrorist Abdel Baset al-Megrahi — and the hero’s welcome he received from Libyan dictator Muammar Qaddafi — is an outrage. It’s interesting to see, however, where some conservatives are directing that outrage, and where they’re choosing not to.

Jamie Kirchick identifies Human Rights Watch as an accomplice of the Qaddafi regime, pointing to an article by HRW’s Middle East director, Sarah Lee Whitson, from a few months ago in which Whitson noted a “new spirit of reform” in Libya (while also noting that “the repression of Libyan citizens was as suffocating as ever.”) Kirchick writes that Whitson’s praise for Libya’s modest steps toward reform have enabled Libya to present “a softer image” on the world stage.

What this has to do with the Migrahi case is left unspecified. But if we’re criticizing people for legitimizing a bad regime, it seems rather blatantly tendentious for Kirchick to overlook Sen. John McCain’s recent visit to Libya. When he was there, McCain “praised Libya’s leader Muammar Gaddafi for his peacemaking role in Africa and said Congress would support expanding ties,” according to the Libyan state news agency.

As Josh Marshall noted previously, McCain even tweeted his new bromance from Qaddafi’s “ranch”, calling it an “interesting meeting with an interesting man.”

It seems like something like this — a nod of approval from a former U.S. presidential candidate — would be far more worthy of concern than Whitson’s article, especially since Human Rights Watch has a solid record of criticizing Libya’s human rights abuses.

Kirchick’s attack on Whitson and HRW makes sense, though, when understood as part of the the ongoing attempt by pro-Israel conservatives to gin up a scandal and delegitimize Human Rights Watch and other NGOs because of their criticisms of Israeli human rights abuses.

Allison Hoffman tries to make something of that story, putting the best face possible on the fact that the critics really have nothing. As we know, though, even baseless cries of bias can often produce a result if repeated loudly and frequently enough.

Townsend Admits CIA Documents Don’t Back Up Cheney’s Claims About Torture

On Monday, the CIA released two memos from 2004 and 2005, which Vice President Cheney said would “show specifically what we gained” from the Bush administration’s enhanced interrogation program. As people like Spencer Ackerman noted, those documents didn’t end up showing that at all, however:

Strikingly, they provide little evidence for Cheney’s claims that the “enhanced interrogation” program run by the CIA provided valuable information. In fact, throughout both documents, many passages — though several are incomplete and circumstantial, actually suggest the opposite of Cheney’s contention: that non-abusive techniques actually helped elicit some of the most important information the documents cite in defending the value of the CIA’s interrogations.

Despite the fact that they devoted heavy coverage to Cheney’s initial claims, major media outlets have largely buried these new facts. But as Greg Sargent notes, last night on CNN, even former Bush homeland security adviser Frances Fragos Townsend had to admit that Cheney still hasn’t been vindicated:

It’s very difficult to draw a cause and effect, because it’s not clear when techniques were applied vs. when that information was received. It’s implicit. It seems, when you read the report, that we got the — the — the most critical information after techniques had been applied. But the report doesn’t say that.

Watch it:

Cheney, of course, refuses to back down from his initial claims. Earlier this week he put out a statement saying that “individuals subjected to Enhanced Interrogation Techniques provided the bulk of intelligence we gained about al Qaeda.” However, there is still no evidence that the torture techniques were responsible and necessary for producing the intelligence.

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