Immigration Reform and the Pathway to Citizenship: Reality or Political Posturing

Since the November 2012 national elections, calls have come in from both Democrats and Republicans both seeking to pass some version of comprehensive immigration reform. And more often than not, these proposals have all included a "pathway to citizenship". Pundits are taking it as a given that a bipartisan comprehensive immigration reform bill will absolutely have to include a pathway to citizenship for the estimated 11 million plus undocumented immigrants in the United States. But a new book authored by former governor Jeb Bush, a vocal advocate for immigration reform and potential GOP Presidential frontrunner in 2016, sheds new light onto whether a pathway to citizenship will be a prerequisite to a new comprehensive immigration reform bill.

In his book, "Immigration Wars: Forging an American Solution", Gov. Bush reverses his stand on providing a pathway to citizenship for undocumented immigrants. Instead, he argues for providing "legal residency" This is quite stunning since he previously championed a pathway to citizenship, but then did an about face in his book. Upon closer inspection though, it is not at all surprising that Gov. Bush takes this stance - in the weeks and months leading to the November elections, the GOP was veering hard to the right, with candidate Romney even suggesting a program of "self-deportation". Bush's book, penned during this time, went to the printers BEFORE the outcome of the Presidential elections and the abrupt shift in GOP thinking with respect to immigration. Only after the elections, did the American public hear that the Republicans were keen to work with the Democrats and the White House in crafting immigration reform. And most analysts believe this was a direct result of Hispanics voting in large numbers for the President. The GOP knows they cannot be a viable national party without the support of Hispanics; accordingly, leading GOP senators such as Marco Rubio and Lindsay Graham, are vying for this crucial voting bloc by advocating a softer stance on immigration reform, one that includes a pathway to citizenship.

Senate aside, there are mumblings that the GOP-led House will not sign on to a comprehensive immigration reform bill if it includes the pathway to citizenship. These Representatives argue that providing a pathway to citizenship, for those who technically have violated federal law, will only serve to encourage future waves of undocumented immigrants.

And in another twist, Jeb Bush has reversed himself again, saying on MSNBC's Morning Joe "if you can craft that in law, where you can have a pathway to citizenship where there isn't an incentive for people to come illegally, I'm for it."

It's hard not to feel sorry for Jeb Bush. He was caught by surprise by the GOP's sudden shift in immigration reform policy and his book reflects it. Whether this was a political miscalculation for Bush and a potential 2016 run remains to be seen, but this fact still remains: the House is led by the GOP with many Congressmen hailing from districts whose constituents vehemently oppose any sort of "amnesty" for undocumented immigrants, let alone a path to citizenship. Perhaps Bush was trying to appeal to the far-right in his book - voters would play a crucial role in any Presidential run, while also stepping in line with the GOP establishment's position on immigration reform, one can only speculate.

So the saga continues, let's see what the Congress and President decide upon as the debates begin to heat up, and in the meantime, existing immigration laws continue to be enforced (and rather harshly at that). If you or a loved one need to speak to immigration attorney, especially concerning removal (deportation), please visit www.kpimmigrationlaw.com or call this office at 949-440-3240.