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December 28, 2008
Op-Ed Contributors | Transitions
Call Off the Immigrant Hunt By JORGE G. CASTAÑEDA

THERE are myriad claims to Barack Obama's attention, and the list will only
grow before Jan. 20. But immigration reform and, more immediately, putting
an end to the outgoing administration's unfortunate and inhuman immigration
enforcement policy should be high on the president-elect's list.

Mr. Obama can learn from his predecessor. President Bush wanted
comprehensive immigration reform in 2001, but 9/11 got in the way. He
started over in 2004, but did little given the imperatives of re-election.
He pushed it gently in 2006 and failed, and then went all out in 2007 but
failed again.

Immigration reform is the sort of complex and costly project that, as a
rule, presidents accomplish only at the peak of their power — when their
term begins. If Mr. Obama decides to postpone immigration reform until
later, he runs the risk of no longer possessing the leverage to convince his
party's legislators to brave the furies of the extreme right wing.

But even without comprehensive reform, Mr. Obama can make a huge difference
in the lives of millions of undocumented migrants in the United States
today. Since late 2006, the Bush administration has been carrying out the
"tough love" side of immigration reform without the generous and open-arms
side, which would mean legalization for those in the United States today,
and a migrant worker program for those it will need tomorrow.

It has pursued a humiliating and hostile policy of persecution and
harassment of illegal Mexicans, Guatemalans, Salvadorans, Hondurans and many
others. It changed the rules of the game without any warning or empathy, nor
with the traditional understanding the United States has shown, more often
than not over the past century, in regard to those who cross its borders
without papers.

The Social Security Administration has sent "no match" letters to employers
to detect unauthorized workers, while federal agents have conducted
innumerable raids on immigrants' homes and day-labor hiring sites, and even
outside schools where migrants' children are enrolled. The raids are
followed by immediate deportation, or, in one case at an Iowa meatpacking
plant, by a shameful plea-bargaining agreement. Drawn up by the courts,
federal prosecutors and the Department of Homeland Security, the plea
agreement forced hundreds of Guatemalans, including 16-year-olds, into a
deal they could not understand, with six-month jail sentences.

Mothers and fathers are being forcibly separated from their children —
husbands from wives, brothers from sisters, all in the name of a crackdown
whose only futile purpose is to terrorize immigrants into leaving, and to
deter more from arriving.

Money has been appropriated for the construction of a border wall that has
become a symbol throughout Latin America of this hateful stance.
Environmental and local objections have been shunted aside, even though
everyone knows the wall is not really being built, would not be effective if
it were, and contradicts everything the United States stands for.

After his inauguration, Mr. Obama could put an end to all of this by
suspending the raids, detentions and deportations. He should return to the
approach followed by all of his predecessors until 2006: stop illegal
entrants at the border when possible, but refrain from hunting them down
once they cross the border.

Mr. Obama should halt construction of the wall until its effectiveness can
be determined, and until the United States resolves how many gates it wishes
to place in that wall — and how wide they will be.

He cannot, obviously, erase aggressive local ordinances in states like
Arizona and Oklahoma. But he can initiate or hasten the federal government's
challenge to their constitutionality.

By taking these actions, Mr. Obama would send three powerful messages.
First, he would signal his gratitude to the nearly 70 percent of the Latino
electorate who voted for him. Second, he would indicate his desire for
improved relations with the nations of Latin America, who joyfully welcomed
his election and for whom the Bush administration has made the United States
more unpopular than at any time in recent memory.

And he would say to the rest of the world that, on his watch, the United
States will not build fences, deport mothers without their children, nor
persecute foreigners. He can do all this with just a stroke of his pen.

Jorge G. Castañeda, a professor of politics and Latin American and Caribbean
studies at New York University and the author of "Ex Mex: From Migrants to
Immigrants," was Mexico's foreign minister from 2000 to 2003.



-- 
Shaun
773.828.4336
917.755.7409

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