Gabriel Arana is a senior editor at The American Prospect. His articles on gay rights, immigration, and media have appeared in publications including The Nation, Salon, The Advocate, and The Daily Beast. To contact him, visit his website.
In July of 2010, Russ Feingold did the principled thing. After weeks of markup and debate, the liberal Wisconsin senator voted against Dodd-Frank. "My test for the financial-regulatory reform bill is whether it will prevent another crisis," Feingold said at the time. "[The bill] fails that test." Ironically, Feingold's fortitude only served to further weaken the legislation. In order to break a filibuster, Dodd-Frank's sponsors had to appease conservative Massachusetts senator Scott Brown, who opposed a "bank tax" that would have made financial institutions pay for the new regulatory regime. The provision was stripped from the legislation, costing taxpayers $19 billion.
Gay-rights advocates should keep this scenario in mind as the Gang of Eight tries to push immigration reform through the Senate. Given that more than a quarter million undocumented immigrants are LGBT, the movement has a broad interest in seeing comprehensive reform with a path to citizenship succeed. But gay-rights supporters have also been pushing for a specific provision in the bill recognizing LGBT families, who under current law are ineligible for family-based immigration. President Obama's immigration proposal, released in February, contained such a provision. But few were surprised that the bill unveiled by the bipartisan group earlier this month contained a legalization program for the undocumented but made no mention of LGBT families. This is no doubt a shortcoming in the current proposal, and one that groups like Immigration Equality, which advocates on behalf of gay and HIV-positive immigrants, should fight to fix. Immigration Equality has already said that the current Senate bill "does not reflect the values or diversity of our country" and that "we are watching—and we will remember—which lawmakers stand with us, and which stand to the side, when this critical vote happens." The Human Rights Campaign and other prominent gay-rights groups have similarly condemned the current Senate bill.
As the first active member of one of the major sports leagues to come out as gay, NBA player Jason Collins’s announcement yesterday has generated praise from gay-rights supporters. Predictably, it has also prompted dire warnings about gays in the locker room from homophobes like the Family Research Council’s Brian Fischer:
I will guarantee you ... if the ownership of whatever team is thinking about bringing him back, or thinking about trading for him, and they go to the players on that team and they say 'How do you feel about an out active homosexual being in the same locker room, sharing the same shower facilities with you?' they'll say no way. I don't want that. I do not want some guy, a teammate, eyeballing me in the shower.
Shortly after Dzhokhar and Tamerlan Tsarnaev detonated bombs near the finish line at the Boston marathon, killing 3 people and injuring over 200, conservatives opposed to immigration reform began exploiting the tragedy. Their goal? Derailing or delaying the 844-page Border Security, Economic Opportunity, and Immigration Modernization Act of 2013. The bombings cast a pall over hearings on the immigration bill in the Senate Judiciary Committee yesterday, where Secretary of Homeland Security Janet Napolitano fielded questions about the asylum process used by the boys' family to enter the country. Questions were also posed about the Department of Homeland Security's entry-exit system, which tracked the older of the two brothers' six-month trip to Russia, but not his re-entry.
Wednesday's release of the Gang of Eight's 844-page immigration-reform bill has taken a backseat to the coverage of the Boston bombings, currently hurtling toward a tense denouement. Immigration-advocacy organizations pushed back their press calls, and the senators behind the bill cancelled their press conference altogether. But the bill represents a sea change in the way the United States handles immigration. With a wide path to citizenship for the 12 million undocumented immigrants currently in the country and a major overhaul of the family- and employment-based immigration systems, it is a decisive shift away from the economic protectionism and anti-immigrant vitriol of the 2007-2008 immigration debate.
The chances for real, comprehensive immigration reform to be passed through both houses of Congress and signed by the president, the first such reform in decades, now look greater than ever. This is in no small part because the issue has split conservatives, meaning there will be no united Republican front against it. Republican leaders are eager to show Latino voters that they aren't hostile to them, even as the powerful Heritage Foundation mounts a campaign against reform (their current charge is that reform will be too expensive). Big change on election night, he says, was that the people opposed to legal immigration lost. The Steve Kings and so on aren't even part of this discussion. "I'm in favor of legal immigration, I'm just opposed to illegal immigration" has long been a Republican talking point; it's at last becoming a reality, as the forces within the GOP who are most opposed to any kind of reform that doesn't involve higher fences are becoming marginalized. Even the Chamber of Commerce and the AFL-CIO are working together to press for their own version of immigration reform, and each house of Congress has its own bipartisan "gang" feverishly negotiating something a majority of lawmakers can support.