1. Openers

 
Dear Readers:

I write this as a very frustrating week comes to an end. As most of you know, an attempt to attach the DREAM Act (which seeks to legalize young immigrants who serve in the military or go college) to the Department of Defense budget bill failed to win enough votes to overcome a filibuster by Republicans.

The measure was defeated by a vote of 56-43 (60 votes being needed). All but two Democrats voted for the measure and Republicans were united against it. In the past, filibustering the bill that is needed to fund the paychecks of our soldiers would have been unthinkable. But the partisan nature of the current Congress is unprecedented.

A lot of finger pointing in the pro-immigration community has already occurred. Some say the President and the Democrats were only trying to get a vote to show Latino voters they were not forgotten and that real efforts to twist arms and round up votes were never seriously undertaken. The fact that Senate Majority Leader Harry Reid is in a tight race for reelection and needs a heavy Latino turnout obviously factors in to this thinking (though actually WINNING the vote would have done a lot more for his chances).

Personally, I think the legislation was doomed since the beginning of this Congress back in 2009. Democrats unrealistically believed that having 60 votes in the Senate was enough to make them invincible to GOP filibusters - as if Democrats have ever been united as a party. The party that prides itself on having a big tent and welcoming people with a broad variety of opinions – Blue Dog conservatives, moderates and left-wing progressives – was never likely to support anything unanimously. But the Republicans have been far more effective in imposing such discipline.

The need to get 60 votes to pass legislation has effectively brought Congress to a halt as the filibuster tool has been used far more than any time in history.

It didn’t have to be this way. The filibuster is not in the Constitution. It is simply a Senate rule and the rule itself can be overturned by a simple majority vote. The Democrats – hardly models of courage – have worried that if they kill the filibuster, they’ll lose an important tool to stop Republicans when they find themselves in the minority again. They also worry that the public will view them negatively if they scrap it. Of course, the failure to actually be able to govern effectively makes both of these consequences inevitable regardless of whether they keep the filibuster or not as we can see from the latest polls.

Until we end the filibuster or until the GOP decides that Latino votes matter, don’t expect much to change.

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In firm news, we are saying goodbye this week to Christi Hufford, an attorney in our Memphis office, who is moving back to her hometown of Dallas, Texas. We have enjoyed working with Christi and will miss her. Good luck, Chisti!

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We remind readers that Siskind Susser is a firm with a national clientele and we can handle most types of immigration matters no matter where you are located. If you would like to schedule a telephone or in person consultation with one of our lawyers, please call our office at 901-682-6455 or go to our web site at www.visalaw.com.

Regards,

Greg Siskind