Navigating the Politics of Immigration

Immigration undoubtedly remains one of the most challenging issues facing federal policymakers, both substantively and politically. It has been a favorite campaign attack from Trump and his allies over the past several elections, and there are few signs that will change in the upcoming midterms. Below is an overview of the key proposals under discussion in Washington, as well as suggested messaging to push back against anti-immigrant attacks.

President Biden’s Reform Proposal

In his first few weeks in office, President Biden worked with leading Democrats in Congress to outline his proposed immigration reform package. The US Citizenship Act would provide immigration status and a pathway to citizenship for undocumented people currently present in the United States, including Dreamers (undocumented immigrants who were brought here as children) and Temporary Protected Status (TPS) recipients (people who have been granted special immigration relief because of conflicts or natural disasters in their countries of origin).

It would also invest resources in modernizing our border by improving the efficiency of our ports of entry and investing in improved border management technology. It would increase legal immigration numbers so that more families can be reunited in America and increase the number of visas available to immigrants from underrepresented countries. And it would seek to relieve migration pressures on our southern border by working with our Central American partners to address the root causes that are driving asylum seekers to flee. A detailed explainer of the bill and its components can be found here.

While this bill contains sorely needed reforms to our beleaguered immigration system, its pathway to law appears uncertain. It is unlikely to garner 10 Republican votes in the Senate to clear the filibuster hurdle, and it has yet to receive a floor vote in the House of Representatives.

Other Notable Immigration Proposals

The U.S. Citizenship Act represents the Biden Administration’s comprehensive approach to reform, but there are also targeted bills that would have significant impacts on immigrant populations in the United States that may have a better chance of gaining 60 votes in this divided Senate. The Dream and Promise Act would provide a pathway to citizenship for Dreamers and TPS recipients. There is urgent need for action to help these populations because of yet another case on the Deferred Action for Childhood Arrivals (DACA) program that is likely to reach the Supreme Court within the next year, jeopardizing their current status yet again.

The Farm Workforce Modernization Act would provide a pathway to citizenship for both undocumented agricultural laborers and legal agricultural guestworkers, who are typically barred from transitioning into permanent legal residency. This legislation has garnered bipartisan votes both this and last Congress. It represents one of the best chances for action on immigration in the current political climate.

Finally, the Citizenship for Essential Workers Act would grant permanent status to undocumented and legal guestworkers who worked in essential roles during the pandemic. This bill represents a commitment to protecting those who protected us during the past year.

Key Lessons on Immigration Messaging

Over the past few election cycles, we have seen Republicans levy predictable attacks and mischaracterizations against Democrats on immigration. In the lead up to the 2020 election, we conducted a multi-round public research project to help inoculate pro-immigrant candidates against typical mischaracterizations. Here are key lessons we learned on immigration messaging.

• Be explicit about what you stand for. Voters back nearly every mainstream proposal, but we often see candidates gloss over what they support. Instead of saying you support comprehensive immigration reform, say you support an earned pathway to citizenship for long-term undocumented populations who have stayed out of trouble and pay taxes.
• Push back against mischaracterizations. During the 2018 midterms, we saw countless sanctuary city attack ads against candidates. And these ads worked initially, but our messaging and public opinion research found that a concise response or preemptive message could almost entirely neuter the damage. If an opponent says you support open borders, refute it and counter with real policy solutions to our broken immigration system.
• Voters abhor chaos and uncertainty. Republicans know too well they can prey on voters’ fears and anxiety. From ads about abolishing ICE, to open borders, to sanctuary cities, they want voters to believe that Democrats will bring lawlessness and disorder. Democrats should stand firmly in support of immigration solutions and our values, combined with clear messages that they are the ones who really will maintain order and security for the nation.