Immigration and Elections: How Republicans Can Avoid Losing

A recent Reuters-Ipsos poll suggests that Republicans could gain an advantage in this year's midterm elections, thanks to their stance on immigration. However, the aggressive tactics employed by Customs and Border Protection and Immigration and Customs Enforcement (ICE) to implement these policies generate disapproval. This situation represents a problem for the Republican Party, which already faces significant challenges from Democrats, who have shown superior performance since President Trump began his second term. Historically, the president's party has lost ground in midterm elections in 20 of 22 elections since 1938; nationwide, Democrats have gained 30 legislative seats since last year.

This does not imply that the administration should change its policies, but that it should moderate its tactics. Furthermore, it would be helpful to demonstrate that they are simply enforcing the law, and are not the xenophobic and anti-immigrant racists that the Democrats claim they are.

A YouGov poll indicates that 90% of Democrats, 60% of independents, and 30% of Republicans believe that ICE sometimes or often uses unnecessary force. People who feel they have been victims of excessive violence have few avenues of recourse other than going to court. The administration can mitigate this problem by establishing a forum to consider such complaints and hold ICE officers accountable who use excessive force.

Transparency and accountability are essential to restore public trust and demonstrate a genuine commitment to enforcing the law fairly.

Former Homeland Security Secretary Kristi Noem rushed to judgment on January 7, when an ICE officer killed Renee Good in Minneapolis. Instead of waiting for the results of an investigation, she immediately asserted at a press conference that day that the shooting was justified. According to Vice President JD Vance, the ICE officer who killed Good “is protected by absolute immunity”. Stephen Miller, former White House deputy chief of staff, posted a clip on social media telling ICE officers: “You have immunity to fulfill your duties, and no one… can prevent you from fulfilling your legal obligations and duties”.

Regardless of immunity, it is crucial to conduct an investigation to determine if the ICE officer acted correctly and if Good's death was justified under federal laws and ICE internal guidelines. The political focus should be on the seriousness of the Department of Homeland Security in determining if ICE officers are using excessive force.

Republicans should consider renewing the four-pillar proposal that Trump offered during his first term, which would have provided legal status to undocumented immigrants in the Deferred Action for Childhood Arrivals (DACA) program. The first pillar was the legalization program; the second required an end to chain migration. The other two pillars were building a border wall and ending the Diversity Visa Program.

An additional option for Republicans is to update and amend the registry provision in the Immigration and Nationality Act of 1952. The Registry Act of 1929 established a process for immigrants to create a record of lawful admission for permanent residence. It is suggested to establish a new registration date through negotiations in Congress, creating a new type of legal status, called 'revocable legal status'.

At a minimum, the administration should monitor the use of violence and remove from the field officers suspected of excessive violence. Nolan Rappaport, who was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years, subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security, and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.

Consistency in law enforcement, along with rigorous oversight, demonstrates a commitment to justice and fairness.