Immigration Law, Policy & Politics : Southern California Immigration Lawyer & Attorney : Carlos Batara Law Firm : Riverside, San Diego, Los Angeles

As an immigration attorney in Riverside, it's a question I hear almost every day.

"Do you think," ask clients, "we'll have immigration reform this year?"

It's a tough question.

Immigration reform resembles a ping pong match.

Ping.

According to the Los Angeles Times, the President met yesterday with two senators, Democrat Charles Schumer and Republican Lindsey Graham, whose support are crucial to immigration reform.  Presumably, the purpose was to ask them to hasten a blueprint.

Pong.

Just a month ago, immigration reform seemed dead.  After Scott Brown won the Massachusetts special election, Newsweek's blog, The Gaggle, reported the chances of having an immigration reform bill had become dramatically slimmer.

Obama's State of the Union Speech also contributed to the pessismistic outlook of pro-reform leaders.  Many observers felt his reluctance to address immigration reform was tantamount to abandonment. 

Reverend Samuel Rodriguez, head of the largest U.S. Hispanic Christian organization, labeled Obama's 38-word commentary "a crumb" to satisfy the hunger of immigrant communities.  He added it marked the death knell of immigration reform in 2010.

Ping.

The disillusionment articulated by Rodriguez was a stark contrast to sentiments last fall.

In November, DHS secretary Janet Napolitano stated the Obama Administration would push for immigration reform in 2010. 

Shortly afterwards, Congressman Louis Gutierrez introduced the Comprehensive Immigration Reform for America's Security and Prosperity Act (CIR ASAP) Act of 2009. 

Pro-immigrant leaders expressed optimism about the prospects of immigration reform.

Pong.

Prior to these gestures, despite Obama's bold campaign promises, immigration reform languished for several months after his victory. 

At a populist pit stop in my neck of the woods last spring, the president was taken aback when posed a question about immigration reform.  The question was not surprising for a Southern California audience.  Yet, Obama's response resembled a rookie batter swinging at one of Josh Beckett's curveballs. 

And The Winner Is . . . 

The president understands the volatility of reform.  He has tried to appease both sides of the immigration equation.  However, with midterm elections around the corner, the issue is reaching a boiling point. 

Very soon, the administration will have to fish or cut bait.

The Democratic Solution: Counting Votes

Before joining the bar, I spent several years working in political offices. 

I learned the art of counting votes.  Before diving in too deeply.

Given the uncertain political climate in a midterm election year, my guess is the president will take a middle-of-the-road approach. 

He cannot go too far in promoting pro-immigration legislation or he'll lose the support of many moderates. 

On the other hand, as Politico's Ben Smith points out, Obama must push some of his campaign promises to maintain the enthusiasm of immigrant communities which strongly voted for his party two years ago.

My hunch is that one or two "safer" pieces of the pro-immigrant agenda will be taken up in the spring or early summer. 

But like I tell my clients, don't bet the house on it.

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Last week, a New America Media report disclosed 100 House members have asked President Obama to jump start the immigration reform debate.

When the issue returns, I hope Congress remembers the kids.

Immigrant children are innocent victims of our inability to shape a compromise on immigration.

Worse, their plight has been minimized by anti-immigrant forces.

They never met Henry.

The Nightmare of Graduation Day 

Henry and his parents visited my office about two months before his high school graduation.  They sought direction about his future.

On paper, Henry was the All American kid.  In person, he was polite, well-mannered, and soft-spoken.

Henry was an 'A' student.  He had won many scholastic and good behavior awards.  He took first place in a district-wide science project competition.  Henry was also ASB vice-president and an ROTC member.  He was the ace pitcher on his school's baseball team.

Henry's immediate goals were simple.  "I'd like to join the army," he told me, "so I can help protect my country which has given me so much."

As complete as Henry's resume looked, it lacked one major item - legal documents to live in the United States.

He was brought here at the age of 5 when his parents entered the country without permission.  Working at minimum wage, his parents supported Henry in a stable home.  They raised Henry to believe good behavior and hard work would open doors of opportunity.

Instead, with graduation nearing, Henry had nowhere to turn.

His dream of joining the U.S. army was not possible.  He could not legally work or go to college.

At the end of our meeting, the hopelessness of Henry and his parents was apparent.  As they left my office, light tears rolled down Henry's cheeks.

Henry deserves better.

A Light at the End of the Tunnel?

Whenever immigration reform discussions begin, Congress is expected to argue over the merits of the DREAM Act.  This proposal would allow young Henry and other immigrants students the possibility of lawful resident status.

Opponents will assert the legislation is a form of blanket amnesty.  They're wrong. 

As an immigration lawyer who helps immigrants earn permanent residence and U.S. citizenship, I know there are no shortcuts provided by the DREAM Act. 

Under the most current version, lawful permanent resident status is only granted if immigrant children meet certain requirements over an 11 year period.

In addition, during a six-year period of "conditional resident status," they must (a) demonstrate a record of good moral character and (b) successfully complete at least two years of service in the armed forces or attendance at a college.

For innocent and deserving immigrant children like Henry, I hope Congress sees fit this round to provide them with light at the end of the tunnel.

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