The Changing Face of the Republican Party through the Lens of Immigration Reform

            In November 2012, President Barack Obama handily defeated his Republican rival Mitt Romney to win a second term in the White House. In light of the devastating electoral losses among women and rapidly expanding minority groups, Republican Party insiders now recognize that the time has come to fundamentally reform the party platform in order to regain some control of Washington D.C. in the midterm elections and eventually the 2016 race for the presidency. In the meantime, President Obama has chosen to flex his political muscles on a variety of social issues at a time that seems ripe for “change” due in part to the uncertain and divided state of the GOP. In his annual State of the Union address, the president insisted that, “right now, leaders from the business, labor, law enforcement, and faith communities all agree that the time has come to pass comprehensive immigration reform.”^[i] Unlike his broad, repetitious calls for pathways to citizenship for illegal immigrants in 2010 and 2011, this time the president outlined specific policy provisions like background checks, back taxes and meaningful penalties that he hopes will be a part of the package sent to the oval office to be signed into law. Obama also dedicated substantial portions of his annual address to other controversial social issues like gay marriage, gun control and climate change. For many of the same reasons, the impact that an evolving Republican Party may have on these politically sensitive matters require further exploration. For the purposes of this paper however, the impact that the changing Republican Party will have on public policy will be limited in scope to the issue of immigration reform.

            Before delving into the reasons why the time is ripe right now for immigration reform, one must first understand a brief history of this sensitive issue and recognize that there have been several albeit failed attempts in the past to deal with our nation’s illegal immigrants. The Immigration Reform and Control Act of 1986 signed into law by Republican President Ronald Reagan required employers to verify the immigration status of their employees and made it illegal to knowingly hire undocumented immigrants. In addition to granting amnesty to over 3 million people immediately, the law is believed to have attracted over 12 million workers who crossed the border in its aftermath.^[ii] The bill failed to create a non-immigrant visa program for lesser skilled workers and therefore failed to address the issue of future illegal immigrants crossing the border. Under President George W. Bush, attempts at immigration reform failed as members of the House of Representatives and Senate were unable to reconcile the differences between their proposals, particularly on the issue of guest-worker programs.^[iii] The issue resurfaced to the national spotlight when then Candidate Obama pledged to push through Comprehensive Immigration Reform (CIR) in his first year in office. Instead, the Affordable Care Act of 2010 became Obama’s signature domestic achievement and CIR fell by the wayside.

            Now the issue of immigration has stolen the spotlight once again and after outlining the proposals that are being floated around Washington D.C., the remainder of this analysis will focus on the issue of “why now!”. At the end of January 2013, a bipartisan group of eight senators (Democrats: Charles Schumer of New York, Dick Durbin of Illinois, Robert Menendez of New Jersey, and Michael Bennet of Colorado, and Republicans John McCain of Arizona, Lindsey Graham of South Carolina, Jeff Flake of Arizona and rising GOP star Marco Rubio of Florida) known as the “Gang of Eight”, announced a framework for comprehensive immigration reform that they will attempt to pass through congress.^[iv] The first element of the proposal includes a pathway to citizenship for the undocumented immigrants who are already in the US illegally. The bill will also include an increase in the number of green cards issued to immigrants with advanced degrees in science, math, technology or engineering from American universities and visas for low-skilled workers including the creation of an agricultural worker program, one of the elements that Reagan’s 1986 law failed to address. Moreover, the framework establishes laws that allow for increased hiring of immigrants by employers who sufficiently demonstrate their inability to recruit American workers. All of these elements are contingent on the implementation of enhanced border security measures and supplemental oversight of visa holders. Finally, these measures would also require an effective employment verification system to check the status of applicants.^[v] These are the basic ingredients that make up the recipe for comprehensive immigration reform by the “gang of 8”, but other legislative ideas have been circulated as well including from the president himself.

President Obama has been meeting regularly with members of this bipartisan group of senators to thank them for their leadership and to encourage continued progress on immigration reform. The president has even gone as far as declaring that he will offer up his own bill should congress fail to produce legislation in an expeditious manner. In early February 2013, the White House (intentionally or not) leaked President Obama’s own plan for immigration reform which included an eight year path to citizenship for illegal immigrants. Members of the GOP and the often speculated 2016 presidential candidate Senator Marco Rubio, who is also a member of the “gang of 8”, chided the president for releasing a plan that does not include Republican input. Moreover, he criticized the apparent lack of harsh penalties for immigrants who came to the United States illegally and labeled the plan “half-baked and seriously flawed.”^[vi] Apparently the president believes that he has enough political capital to wage on this issue in announcing his own plan despite bipartisan efforts in congress to package together a plan of their own.

This brings us, albeit rather quickly, to where we are at today. The historical, legal and moral arguments surrounding immigration reform are complex and sensitive. They bring about some of the very fundamental issues that deal with the fabric that makes up the United States as a nation. After all, every citizen is an immigrant who came from a foreign country at some point over the last two centuries in pursuit of the American Dream. Today, we have over 11 million illegal immigrants living in the United States and the costs of dealing with them have become exorbitant. It thus begs the question: Why is now the time for comprehensive immigration reform? What is it about today’s political climate that differs so deeply from the climate of prior fruitless attempts? Republican National Committee Chairman Reince Preibus recently underscored that question by announcing, “We must compete in every state and every region, building relationships with communities we haven’t before… We can stand by our timeless principles and articulate them in ways that are modern; relevant to our time and relatable to the majority of voters.”^[vii] I submit that the changing face of the Republican Party has inevitably created an atmosphere that makes the issue of immigration reform ripe. However, it is important to note that the reasoning is multi-faceted and includes other unrelated elements which will be touched upon in this analysis as well.

In the 2012 presidential election, Barack Obama garnered over 70% of the Latino vote.^[viii] Over the last four years, the number of registered Latino voters has increased by 26% to over 12.2 million voters.^[ix] In light of these rapid demographic changes, Republicans must come to terms with the fact that they can no longer ignore the concerns of constituencies that they have in the past, which is not limited to but includes the growing Latino population. Perhaps that might explain the GOP’s selection of Latino Senator Marco Rubio as the poster boy of immigration reform for the party. His status as a rising conservative star, a 2016 GOP Presidential hopeful and a tea-party favorite breed new light on the direction of the Republican Party in regards to immigration reform. As Liz Marlentes indicated in The Christian Science Monitor, Rubio’s changing position “could mark an important step in changing the GOP’s image to one that's more inclusive and minority-friendly.”^[x] Moreover, the argument has been made that Republicans do in fact have the most potential ground to make up with Latino voters, who were in large part brought up in traditionalist societies that taught conservative values. Granted, this is a blanket statement that does not reflect “Latinos” as a whole, but it certainly has some validity if not only that it is justified by the emphasis that the party has placed on winning over this portion of the electorate. In support of this view, attempts are being made on the state and local levels by the nation’s only Hispanic governors in New Mexico and Nevada to win over Latino support for the Republican Party and large amounts of money to recruit young political talent is pouring into the effort.^[xi] New Mexico Governor Susana Martinez and Nevada Governor Brian Sandoval are committed to the cause and recognize the potential support they might be able to garner from the Latino populations.

By the same token, Democrats are just as eager to hold onto their lopsided support from Latino constituents. While the changing face of the Republican Party ambitiously indulges Mexican Americans with their newfound tone on immigration reform, Democrats are not going to give up their electoral stronghold on these citizens without a fight. Nonetheless, the Immigration and Customs Enforcement agency under the Obama Administration has set new records for the deportation of undocumented citizens. In fiscal year 2012, the ICE deported 409,849 illegal immigrants, a number which has only increased every year of the president’s first term in office.^[xii] Conceivably, the GOP will use this record to diminish Obama’s reputation as a champion of sustainable solutions to immigration reform. Over the course of his reelection campaign, President Obama spent substantial time answering tough questions from Latino voters about why CIR did not occur. Even though Obama’s executive orders to defer the deportation of undocumented immigrants brought to the United States as children had an impact on the issue, the fact of the matter is that the president fell short of passing comprehensive immigration reform through congress. Thus, one could argue that he has a greater desire to make CIR a signature achievement of his second administration.

Amongst a slew of other social issues, immigration reform would not be as ripe for action by congressional Republicans if public opinion did not so strongly favor new legislation. In a recent poll conducted by the Washington Post which asked whether undocumented immigrants who are already in the United States ought to be given a pathway to citizenship should they meet certain requirements, over 70% of respondents indicated that they would be supportive of such legislation.^[xiii] The overwhelming public support for meaningful reforms to our immigration system is indicative of the changing political climate we find ourselves in. It also has made it easier for party leaders to publically support the cause. House Majority Leader Eric Cantor (R-VA) recently endorsed a pathway to citizenship for DREAMers, immigrants brought to the United States as children.^[xiv] The majority leader articulated that a good place to start on the issue is with the kids. He decidedly rejected the notion that children be punished for the mistakes of their parents. The bipartisan nature in which congressional leaders have tackled the matter thus far is indicative of at least the chance that achieving comprehensive immigration reform may finally be possible in the near future.

Another important point to consider is the degree to which these position changes are strategic. It is no secret that Republicans need to make inroads with new constituencies if they hope to regain control in future elections. Thus, the political motivation behind pandering to the Latino sector of the electorate is obvious.^[xv] Popular conservative talk show and radio hosts like Sean Hannity have publically come out in favor of tackling immigration reform despite their previous opposition. Grover Norquist even went as far to declare that granting legal status to the millions of undocumented immigrants is an essential step towards fixing our economy.^[xvi]

Perhaps the change of heart comes from a place much deeper than politics. If in fact the party has truly changed its course on immigration reform, then it begs the question: what is the motivation? If one were to step away from the idea that granting amnesty to immigrants who have broken our laws is fundamentally wrong and instead reflect on the key values of the Republican Party, then in fact one might find that the GOP is at its core the party of Latino immigrants. After all, the preamble of the 2012 Republican Party Platform reads:

The pursuit of opportunity has defined America from our very beginning. This is a land of opportunity. The American Dream is a dream of equal opportunity for all. And the Republican Party is the party of opportunity…a positive, optimistic view of an opportunity society, where any American who works hard, dreams big and follows the rules can achieve anything he or she wants.^[xvii]

The ideals of individual freedom and liberty form the foundation of the Republican Party. Immigrants come to the United States in droves willing, able and desiring to be contributing members of society in order to make a better life for themselves in this great land of opportunity. Undeniably, they broke the law and for that, they deserve to be punished in some form or another. However, if one were to look at the core values that make up conservatism, they align succinctly with the dreams and aspirations of immigrants hoping to make a better life for themselves and for their children; Not for those who commit violent crimes and bankrupt our social services which are funded by hardworking, tax paying citizens, but for those willing to put everything on the line to achieve the American Dream, the Republican Party has concluded that they deserve a chance as long as they meet very specific parameters to ensure that comprehensive immigration reform is finally realized.

            To conclude the discussion of the changing face of the Republican Party through the lens of immigration reform would be incomplete without acknowledging the extent to which this political evolution could and should be explored through the lens of other sensitive social issues. On balance, many of the same arguments related to the progression of the GOP in today’s political climate could be made for gun control and gay marriage to name a few as public opinion reflects shifts that favor liberalization on these issues. The multi-faceted nature of these potential reforms ought to be deciphered exhaustively in order to fully understand the evolution of the Republican Party in today’s political climate, but those arguments deserve a book of their own.  

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[i] Elise Foley, State of the Union 2013: On Immigration, ‘Let’s Get This Done’, Huffington Post, Feb. 12, 2013.

[ii] Laura Foote Reiff, The Winds of Immigration Reform Blow Again, The National Law Review, Jan. 29, 2013.

[iii] Darryl Fears, Immigration Reform Revisited, The Washington Post, Mar. 23, 2007.

[iv] Daniel Strauss, Obama ‘Commends’ GOP Senators on Immigration Reform, The Hill, Feb. 19, 2013.

[v] Jennifer G. Roeper, Senators Reach a Bipartisan Agreement for Comprehensive Immigration Reform, The National Law Review, Jan. 31, 2013.

[vi] Benjamin Hart, Marco Rubio Rejects Obama Immigration Reform Plan: ‘Dead on Arrival’, Huffington Post, Feb. 16, 2013.

[vii] Rebekah Metzler, Bobby Jindal, GOP Leaders Aim to Rebrand the Republican Party, U.S. News & World Report, Jan. 25, 2013.

[viii] Elise Foley, Latino Voters in Election 2012 Help Sweep Obama to Reelection, Huffington Post, Nov. 7, 2012.

[ix] Mariano Castillo, Five Reasons Why Time May Be Right for Immigration Reform, CNN, Jan. 28, 2013.

[x] Niraj Chokshi, Why Now is the Right Time for Immigration Reform, National Journal, Jan. 29, 2013.

[xi] Russell Contreras, NM, Nevada Govs Head GOP Minority Recruiting, The Seattle Times, Feb. 5, 2013.

[xii] Elise Foley, Deportation Hits Another Record Under Obama Administration, Huffington Post, Dec. 21, 2012.

[xiii] Washington Post Poll, Obama Endorsement a Drag on Path to Citizenship, Washington Post, Feb. 12, 2013.

[xiv] Emily Deruy, Eric Cantor Endorses Citizenship for DREAMers, ABC Univision, Feb. 5, 2013.

[xv] The Associated Press, Obama Says Time Right for Immigration Reform, Reading Eagle, Jan. 30, 2013.

[xvi] Editorial: Time is Right for Immigration Reform, Chicago Sun Times, Nov. 25, 2012.

[xvii] Governor Bob McDonnell, GOP Platform - Preamble, Accessed Feb. 24, 2013.