By David French
Wednesday, June 20, 2018
Spend much time online, and you’ll quickly learn. It’s
not enough to be opposed to family separation. It’s not enough to believe that
Congress should act now to overturn the Flores
consent decree, override administration policies, and keep families together at
the border. For some activists, you’re not truly committed to justice unless
you’re also raising the dark specter of Nazi Germany or Japanese-American
internment.
Emotions are running very, very high, including for some
of America’s most influential voices. This
tweet, from a former director of the CIA and NSA, speaks volumes.
So does MSNBC star Rachel Maddow’s on-air
breakdown during a discussion of so-called “tender age” shelters.
While I think the Nazi comparisons are absurd, an immense
amount of the online anguish is very, very real. And why not? It is atrocious
for the government to take children out of the arms of fit parents — especially
when those parents are seeking the protection of an asylum system that is
established by American law.
And so, given this pain, regardless of differences on the
question of “catch and release” versus detention, we ought to at least agree
that families should stay together, right? After all, this is an emergency. We’ve
heard the wailing children. We’ve seen the heartbreaking images. Let’s stop
this.
And, indeed, Congress is showing rare signs of life. As
early as tomorrow, the House may vote on a broad immigration bill that includes
language ending family separation. The Senate is focusing on a narrower bill.
While no one credible is saying that Democrats should sign on, now, to every
aspect of the various GOP plans, given the emergency — given the Nazi menace —
you’d think they’d at least be signaling their intention to work with GOP
colleagues on ending the present crisis and prohibiting future presidents from
taking a child from his mother’s arms.
You’d think so, but you’d be wrong. Yesterday, Senate
minority leader Chuck Schumer said this:
“There are so many obstacles to
legislation and when the president can do it with his own pen, it makes no
sense,” Schumer told reporters. “Legislation is not the way to go here when
it’s so easy for the president to sign it.”
What? I’m sorry, but this is absurd. One the one hand,
we’re told that the president is a moral monster who can’t be trusted. On the
other hand, we’re now also being told that the branch of government designed to check and even override the
president shouldn’t play a part in ending bad policy?
In fact, legislation is the only way to truly ensure that
family separation ends. The Trump administration is signaling that it will sign
an executive order to “keep families together,” but it’s unclear how he can do
so in asylum cases without reverting to Obama-era “catch and release” policies.
Controlling legal authority requires immigration authorities to release
children after 20 days of detention.
If he tries to “keep families together,” he’s begging for
a legal challenge that he’ll almost certainly lose.
But why rely on the administration at all? If the
family-separation policy is so toxic that it leads serious people to tweet
images of concentration camps and reduces a television host to tears, shouldn’t
you respond to the emergency by tying the president’s hands?
If and when the GOP puts legislation forward, the
Democrats have a choice to make. Will they respond in a manner that matches
their rhetoric, or will they play a political game — using the plight of
families as a wedge issue in the midterms? Even even if they win the House — or
capture the House and a bare majority in the Senate (unlikely, but possible) —
they still won’t be able to unilaterally force the president’s hand. They will
have successfully ridden public anger into political power, but they won’t have
ensured an end to the crisis.
That’s a
cynical political game. That’s
business as usual in a broken government.
If we face a crisis, then politicians should act like it.
If we can stop family separation today, then we should. No, that doesn’t mean
Democrats should cave to every GOP demand (nor does it mean that the GOP should
lard up a bill with known poison pills), but it does mean signaling a
willingness to reach across the aisle, build a veto-proof majority, and defy an
administration you claim you don’t trust.
One of the great cons of contemporary politics is the
manner in which elected officials falsely stoke rage and fury for the sake of
personal gain and political ambition. The gap between rhetoric and action is so
great that contemporary politics is best compared to the WWE. The conflict is
play-acted for the cameras, but too many members of the public don’t know that
what they’re watching is fake. So they feel real emotion. They feel a real
sense of crisis. And Washington rolls on with politics as usual.
This time, however, there’s a chance to break through.
This time, there’s a chance for the legislature to actually check the executive
on a matter of real importance. The GOP seems ready to move. But the party that’s
acting most alarmed is balking — reverting to conventional political
machinations. It’s time to decide, Democrats: Will your actions match your
rhetoric or not?
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