By Thomas J. Joy, Esq.

The national elections in November 2008 will result in a new President.  In addition, all of the seats in the House of Representatives and one-third of the seats in the Senate will be contested.  The focus is understandably on the race for President.  However, the elections in the House of Representatives and the Senate are just as important, if not more so, when considering the controversial issue of immigration.  As a general constitutional principle, neither the President nor the Congress can create new laws on their own.  Each needs the other in order for new laws involving controversial issues to be enacted.

At first glance on the major immigration issues being debated in the election, Barack Obama, the candidate of the Democratic Party, and John McCain, the candidate of the Republican Party, would seem to agree.  Both support securing the borders of the United States from illegal immigration.  Both support bringing the illegal immigrants already in the United States out of the shadows and into the mainstream.  Both support the implementation of an electronic employment eligibility verification system and enforcement against employers who hire illegal workers.  Both support reform of the immigration system to fill needed jobs in the United States while at the same time protecting the American labor market.  Finally, both support the need to reunite families.

Upon closer inspection, however, one can clearly see major differences in degree in their positions on the various issues.  Their political party affiliation has a major influence on how serious and committed they can and will be on the issues.  As members of the Senate, both supported the failed comprehensive immigration reform efforts in the recent past.  John McCain, however, has alienated the conservatives within the Republican Party for having co-sponsored a comprehensive immigration reform law with leading Democratic Party liberal Senator Edward Kennedy.

As a result of the conflict within his own party, John McCain has moved more to a “secure the borders first” position and away from a strong position on comprehensive immigration reform.  On the other hand, Barack Obama, while articulating a strong support for comprehensive immigration reform, must deal with a key group of conservative Democrats who tend to vote with the enforcement oriented Republicans on immigration issues.  At the far end of the Democratic Party spectrum are those few who want to focus only on legalization (otherwise called amnesty by some).  At the far end of the Republican spectrum are those few who want to change the 14th Amendment of the Constitution to deny United States citizenship to children born in the United States to illegal alien parents.

Meanwhile, there is presently proposed bipartisan legislation pending in Congress to increase the quotas for employment based immigrants and also to provide more immigrant visas in the healthcare industry.  If these proposed laws do not become law this year, they will almost certainly be reintroduced early in 2009 when the new President and Congress take office.

In summary, we must take a wait and see position concerning how successfully the new President will be able to bring together the different factions in his own party and work together with the other party to structure and pass a comprehensive immigration law.