Doug McIntyre: The view from ground zero on the immigration divide

I covered the immigration issue on KABC radio for 30-years as well as in the pages of this newspaper. For most of that time, Los Angeles was Ground Zero. I spoke with pretty much everyone on all sides of the divide, from strict border enforcement folks, some of whom wanted zero immigrants, legal or illegal, as well as open border activists who claim, “We didn’t cross the border, the border crossed us.” For what it’s worth, here is what I believe must happen if America is ever to solve this politically radioactive problem.

Let’s start by dealing the cards face up.

The Left wants amnesty for the millions of people already in the country and the Right wants criminals deported and a secure border to prevent the next 10 to 20 million from entering illegally.

Some background.

“The Immigration Reform and Control Act of 1986”, aka “The Reagan Amnesty”, granted permanent status to 3-million undocumented immigrants who entered the country prior to 1982. That was the “reform” part. The “control” part never happened. As a result, millions upon millions crossed the border attracted by higher wages and better infrastructure, including hospitals, roads, sewers, clean water, schools for their children and other social services at the state or municipal level. There was also the hope of another amnesty sometime in the future.

And then the two parties saw opportunities. Democrats viewed undocumented immigrants as a huge pool of future voters while corporations and lobbyists supporting Republicans wanted cheap labor for industries where outsourcing was not an option. You can’t outsource a hotel maid or driveway paver, but you can drive down wages by flooding the market with laborers willing to work for less.

We were warned.

“In the last several years, millions of undocumented aliens have illegally immigrated to the United States. They have breached our nation’s immigration laws, displaced many American citizens from jobs, and placed an increased financial burden on many states and local governments.”

Donald Trump? Stephen Miller? Kristi Noem? Wrong. Jimmy Carter, August 4th, 1977.

After the failure of the Reagan Amnesty to stem the flow, many rank-and-file conservatives no longer trusted Congress or the Executive Branch to safeguard our borders. They refused to support any deal that didn’t put enforcement first. This led to the 30-year stalemate Donald Trump pledged to end when launching his political career in 2015.

Which brings us to today’s chaotic and violent mess, pitting local law enforcement against Federal agencies such as ICE and CBP. While Red States are generally supportive of immigration crackdowns, Blue States enacted sanctuary laws that encouraged undocumented migrants to concentrate in their cities despite being a clear violation of the Constitution. Article VI, Clause II says Federal law supersedes state and local law. This isn’t a suggestion, it’s mandatory.

In the 1830’s, objection to tariffs (what’s old is new!) led southern states to pass laws “nullifying” the tariffs passed by Congress. This issue raged so hot, Andrew Jackson threatened to hang South Carolina governor John C. Calhoun. The Nullification Crisis was a major precursor to the Civil War which should have ended the debate.

Instead, nullification was reborn in Los Angeles with “Special Order 40” and expanded when Sacramento declared California a sanctuary state. Others followed including New York, Chicago, Portland, and yes, Minneapolis. When city leaders claim immigration is not their responsibility, they’re making a political judgement not supported by law. Bank Robbery is also a federal crime, but local police don’t hesitate to respond to a heist. A la carte law enforcement based on what we “like” or “don’t like” inevitably leads to disasters like Minneapolis.

So, what about Donald J. Trump?

The President deserves credit for pushing the festering immigration issue onto the front burner, but his ham-fisted and frequently illegal and civil rights trampling tactics have only inflamed an already divided nation without actually solving the problem. At least two American citizens have been killed and countless injuries have been inflicted on immigrants both legal and illegal, as well as protesters and law enforcement officers due to the disorganized and indiscriminate tactics instituted by the Department of Homeland Security.

ICE doesn’t have carte blanche to ignore habeas corpus and civil liberties. No one does. Armed, masked agents storming into American cities is not only unprecedented, it’s a rightwing fever dream come true, the kind of Federal overreach the pro-Second Amendment people have feared forever. ICE officers must be unmasked immediately, and so too those whitewashing America by exploiting the issue to force the American public into passively accepting a quasi-military police state that serves at the whim of the Executive Branch.

A nation built by immigrants, a haven of hope to the world for 250 years, must legitimize the status of the millions of undocumented who have lived, worked and paid taxes in this country, some for 30 or nearly 40 years. Start with the DACA kids.

Ezekiel 18:20 says, “The son shall not bear the guilt of the father.” A child carried here as a toddler shouldn’t be held hostage for life by partisan politicians more interested in fundraising on the issue than solving it. The Right must accept that deporting every illegal immigrant is neither practical nor desirable. Get the criminals out and prevent future waves of border crossers. That’s what Americans want.

And the Left must accept that states and cities can’t make up their own immigration policies. It’s absurd ICE can’t even go into California prisons to remove criminal immigrants for deportation without individual court orders. The federal government has the right and an obligation to secure our sovereign borders. It is not racist to properly enforce immigration laws.

The jury is out if any of this will ever happen. The wounds are deep. But after spending 30 years of my professional life at ground zero of the immigration debate, I am convinced we will never heal this wound without taking the steps outlined here.

Doug McIntyre’s column appears Sundays. Reach him at: Doug@DougMcIntyre.com.