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Americans Are Thinking About Immigration All Wrong

The Atlantic

www.theatlantic.com › ideas › archive › 2024 › 05 › america-needs-philosophical-reboot-immigration-policy › 678535

What’s the United States’ most important problem? For the past three months, Americans have offered the same answer: immigration. More than inflation or political polarization, Americans are vexed by the influx of migrants. Republicans’ concerns spiked after the most recent southern-border crisis. But they’re not alone. In April, the number of independents who said immigration was the country’s biggest problem reached a high in Gallup polling dating back to 2014.

Scolding Americans for their alarm is pointless. The state of U.S. immigration policy is objectively chaotic. When Joe Biden became president, he rolled back some Trump-era restrictions, at the same time that migrants began to take greater advantage of loopholes in asylum law to stay in the country longer. Meanwhile, a sharp rise in crime in parts of Central and South America, combined with the strong U.S. economy, created the conditions for migration to surge. In 2022, illegal crossings hit a record high of 2.2 million. As asylum seekers made their way north, cities struggled to house them. In New York City, so many hotel rooms are taken up by migrants that it has created a historic shortage of tourist lodging.  

In a perfect world, the brokenness of America’s immigration system would inspire Congress to swiftly pass new legislation convincing voters that the U.S. controls whom we let in and keep out of the country. The basic contours of this grand bargain have been fairly clear for decades. In exchange for expanded opportunities for legal immigration—more visas, more green cards, and targeted policies to increase immigration in technology and science—liberals would agree to stricter enforcement and control at the border. But major immigration reform is stuck. Changing the law requires Congress, and in the latest example of feckless delay, Donald Trump has instructed congressional Republicans to sandbag negotiations with the White House, to avoid giving the Biden administration an election-year win. What we’re left with is the perception of immigration chaos, anger about the chaos, and dithering in the face of it.

If American politicians are ever going to think about immigration policy through the lens of long-term opportunity planning rather than immediate crisis response, they first need to convince the American people that those long-term opportunities exist. This case is actually easy to make. Cheaper and more plentiful houses, higher average wages, more jobs, more innovation, more scientific breakthroughs in medicine, and more state government revenue without higher taxes—all while sticking it to our geopolitical adversary, China—require more immigration. Across economics, national security, fiscal sustainability, and geopolitical power, immigration is the opposite of America’s worst problem. It holds clear solutions to America’s most pressing issues.

Immigration has for decades, even centuries, created a temporal paradox in American discourse: pride in the country’s history of immigration coming up against fears of its present and future. Benjamin Franklin, whose father was born in England, complained that migration from Central Europe would swarm the young nation’s Anglican culture with undue German influence. In the late 1800s, a more Germanic nation feared the influence of incoming Italians. A century later, a nation that had fully embraced Italian Americans bemoaned the influence of incoming Mexicans.

[Ari Berman: The conservative who turned white anxiety into a movement]

Although this brisk history of nativism might seem to make light of today’s anti-immigrant sentiment, ignoring the fears that people have about a sudden influx of migrants is counterproductive. The border crisis is not just a news-media illusion, or a platform for empty grandstanding. It really has endangered thousands of migrants and drained city and state resources, causing a liberal backlash even in deep-blue places. Last September, New York City Mayor Eric Adams predicted that the migrant crisis would “destroy New York.” As tens of thousands of migrants moved into Chicago, the city spent hundreds of millions of dollars to provide them with housing and education, building resentment among Black residents. What’s more, papering over anxieties about competition from foreign-born workers is not helpful. The Harvard economist Gordon Hanson asked me to think about the experience of a barber in an American city. If immigrants moving into his area open barber shops, they might reduce his ability to retain customers, raise prices, or make rent. The logic of fear is understandable: More competition within a given industry means less income for its incumbents.

Many Americans—and, really, many residents of every other nation—think about immigration through this lens of scarcity. If the economy includes a fixed number of jobs, then more foreign-born workers means less work left for Americans. If America contains a fixed number of houses, more immigrants means less space for Americans to live.

But the truth is that no nation comprises a fixed amount of work or income. Population growth, economic growth, and income growth can be mutually reinforcing. “At the national level, immigration benefits from a more-is-more principle,” Hanson told me. “More people, and more density of people, leads to good things happening, like more specialization of labor.”

Specialization of labor might sound drab and technical. But it’s a key part of why immigration can help even low-income workers earn more money over time. Last month, the economists Alessandro Caiumi and Giovanni Peri published a new paper concluding that, from 2000 to 2019, immigration had a “positive and significant effect” on wage growth for less educated native workers. The key mechanism, they found, is that, over time, immigrants and natives specialize in different jobs that complement one another. As low-education immigrants cluster in fields such as construction, machine operation, and home-health-aid work, native-born workers upgrade to white-collar jobs with higher pay. To take the example of the American barber, let’s imagine that his son decides to go to a trade school or college to increase his skills in response to intense competition for barbers. He might be better off, making a higher wage than he would have had he remained in the profession. Although such specialization can be difficult for some people who switch out of their parents’ fields, it can lead to a more dynamic economy with higher wages for all.

For the past few years, I have been thinking and writing about an abundance agenda to identify win-win policies for Americans in housing, energy, health care, and beyond. Immigration is an essential ingredient in this agenda. The U.S. must contend with a national housing shortage that has contributed to record-high living costs and bone-dry inventory in some major metros. This is a story not merely about overregulation, zoning laws, and permitting requirements, but also about labor supply. The construction industry is short several hundred thousand jobs. In the largest states—such as California, Texas, and New York—two in five construction workers are foreign-born, according to estimates by the National Association of Home Builders. “The biggest challenge that the construction industry is facing [is] that people don’t want their babies to grow up to be construction workers,” Brian Turmail, the vice president of public affairs at the Associated General Contractors of America, has said. If Americans want more houses, we might very well need more foreign-born workers to build them. Achieving clean-energy abundance requires immigrants too. One in six solar and photovoltaic installers is an immigrant, according to the Bureau of Labor Statistics, and “23 percent of all green job workers are foreign born,” according to a report by the Mercatus Center at George Mason University.

The debate over low-skill immigration and its effect on the economy can get a bit technical, if you’re an economist, and emotional, if you’re an anxious native worker. But even if Republicans and Democrats can’t agree on the complex macroeconomics of letting less educated migrants enter the U.S. in higher numbers, we cannot let that disagreement hold hostage the obvious benefits of expanding our recruitment of foreign-born talents into the U.S.

Immigration-as-recruitment is a particularly useful framework as the U.S. embraces a new kind of industrial policy to build more chips and clean-energy tech domestically. As The Wall Street Journal’s Greg Ip wrote, America’s new economic strategy has three parts. The first is subsidies to build products in the U.S. that are crucial to our national security and energy independence, such as advanced semiconductor chips and electric vehicles. The second part is tariffs on cheap Chinese imports in these sectors. The third is explicit restrictions on Chinese technology that could be used to surveil or influence U.S. companies and people, such as Trump-era laws against Huawei equipment and the Biden-era law to force the sale of TikTok.

But this newly fashioned stool is missing an essential leg. If the U.S. is going to become more strategically selfish about protecting key industries such as computer-chip manufacturing from foreign competition, we need to revamp our high-skill-immigration policy too. In fact, the new American economic paradigm doesn’t make any sense otherwise. As a rich country, the U.S. will be at a disadvantage in semiconductor manufacturing because of our higher labor costs. If we can't win on costs, we have to win on brains. That means staffing our semiconductor factories with the world’s most talented workers.

[Jack Herrera: Is Texas about to turn Latinos into single-issue voters?]

Semiconductor manufacturing requires a highly specialized workforce that is distributed around the world and concentrated in Asia. A large share of workers in advanced-chip manufacturing live in India and China. But green-card caps limit their ability to move to the U.S. As a result, we’re at risk of spending tens of billions of dollars on factories and products without a plan to staff them. “The talent shortage is the most critical issue confronting the semiconductor industry today,” Ajit Manocha, the president of the industry association for semiconductor equipment and materials manufacturers, said in 2022. This is a fixable problem. The Economic Innovation Group, a centrist think tank, has proposed a “Chipmaker’s Visa” that would annually authorize an accelerated path to a green card for 10,000 immigrants with specialized skills in semiconductor manufacturing.

What’s true for chipmaking is also true for AI development. According to the Federation of American Scientists, more “top-tier” AI researchers are born in China than in any other country in the world. But two-thirds of these elite researchers work in the U.S. The number could probably be even higher if the U.S. had a smarter, future-looking immigration policy regime. The administration has already taken small steps forward. In October, Biden issued an executive order that asked existing authorities to streamline visa criteria for immigrants with expertise in AI. More could be done with congressional help.

If the U.S. is in the early stages of a new cold war with the authoritarian axis of China, Russia, and Iran, we can’t logically pursue an industrial policy without an equally purposeful immigration policy. Immigration policy is industrial policy, because immigrants have for decades been a linchpin in our technological growth. As Jeremy Neufeld, a fellow at the Institute for Progress, has written, 30 percent of U.S. patents, almost 40 percent of U.S. Nobel Prizes in science, and more than 50 percent of billion-dollar U.S. start-ups belong to immigrants. And yet, we’ve allowed waiting times for green cards to grow, while the number of applicants stuck in immigration backlogs has gotten so large that some talented immigrants have stopped waiting and left the U.S. entirely. This is madness. Failing to solve the immigration-recruitment kludge as we spend hundreds of billions of dollars on technology subsidies is about as strategic as training to run a marathon while subsisting on a diet of donuts. When it comes to high-skill-immigration policy, we are getting in our own way.

Immigration is central to America’s national security, industrial policy, abundance agenda, affordability crisis, and technological dominance. Without a higher number of foreign-born workers, the U.S. will have less of everything that makes us materially prosperous. But none of these advantages should distract immigration proponents from the fact that failure to secure the border is a gift to immigration restrictionists. Border chaos is horrendous branding for the pro-immigration cause.

“Immigration is too important to be chaotic,” Hanson, the economist, told me. “Chaos leads to short-term policy fixes. But you don’t want a 10-month immigration policy for the U.S. You want a 100-year immigration policy.”

Taking that 100-year view leads to perhaps the most powerful case for expanding immigration. The Lancet recently published an analysis of global population trends through the end of the 21st century. By 2064, the worldwide human population will peak, researchers projected, at which point almost every rich country will have been shrinking for decades. Fertility is already below replacement level in almost every rich industrialized country in the world. In Japan and South Korea, there are already fewer working-age adults with every passing year. China’s birth rate has fallen by 50 percent in just the past decade. Within a few years, immigration will be the only dependable lever of population growth for every rich industrialized nation.

The U.S. faces a stark choice. Politicians can squander the fact that the U.S. is the world’s most popular destination for people on the move. They can frame immigration as a persistent threat to U.S. national security, U.S. workers, and the solidity of U.S. culture. Or they can take the century-long view and recognize that America’s national security, the growth of the U.S. labor force, and the project of American greatness all depend on a plan to demonstrate enough control over the border that we can continue to expand immigration without incurring the wrath of restrictionists.

RFK Jr.’s Philosophy of Contradictions

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 05 › robert-f-kennedy-jr-campaign-interview › 678532

Robert F. Kennedy Jr. smiled, threw up a stilted wave, and made eye contact with nobody in particular. He was shuffling into Puckett’s restaurant in Franklin, Tennessee, earlier this month for a plate of midday meatloaf. No advance team had peppered the room with stickers or buttons bearing his name. No one had tipped off the local media. Flanked by his press secretary and a couple of plainclothes security guards, Kennedy made his way toward a large table back near the kitchen, where he and I were scheduled to meet for an interview. The roughly two dozen lunch patrons didn’t appear to clock him, nor did the waiter.

Kennedy’s independent campaign for the White House has a loose, confounding energy to it. Most presidential candidates would glad-hand at a place like Puckett’s; Kennedy didn’t bother. Rather than run on a policy slogan—“Medicare for all,” “Build the wall”—Kennedy has opted for something closer to mysticism. He uses the word existential in nearly every speech. He spends an inordinate amount of time on podcasts.

“You know, so much of life, we see from the surface,” Kennedy told me that day. “It’s like the surface of the ocean. There’s a storm going on, there’s winds blowing, and we get preoccupied with ambitions, with fear, with, you know, trepidation. And then if you sink a few feet below the ocean, it’s calm there. And that, I think, is where we’re supposed to spend as much time as possible, in that place where it’s peaceful, where you understand everything is kind of an illusion. We’re walking through a dream, and our job is to be kind to people, to be open, to be tolerant.”

Despite this hazy rhetoric, establishment Democrats consider Kennedy to be a concrete danger to the future of democracy. House Minority Leader Hakeem Jeffries has called Kennedy “a living, breathing false-flag operation” whose “whole campaign is being run by right-wing political operatives who have one objective: try to take down President Joe Biden.”

When I first interviewed Kennedy last year, many people derided him as a distraction who would quickly fade into obscurity. Five months out from Election Day, Kennedy is polling in the double digits and fighting for nationwide ballot access. His team insists that voters will be able to pull the lever for him in all 50 states and the District of Columbia. Many political observers have argued that, like past third-party candidates who have hurt Democrats, he is poised to draw more votes from Biden than from former President Donald Trump. A recent New York Times/Siena poll showed that Kennedy has particularly strong support among young voters and Latinos, two groups Biden needs more than Trump. Yet he’s also drawing support from Republicans and conservatives. Many of these voters are willing to look past his conspiratorial, anti-vaccination statements. Some may share his views.

[Read: The first MAGA democrat]

While Biden and Trump fight for first place, Kennedy is zigzagging around the country, talking about our need to reconnect with the Earth and rediscover our shared humanity. Born and raised an East Coast Catholic, he now resembles an aging California hippie preaching New Age mantras. He’s not running a winning operation so much as he’s on a public self-actualization journey. And America will have to live with the consequences.

Like with Biden and Trump, Kennedy’s mental state receives armchair diagnoses on a daily basis. But, unlike Biden and Trump, Kennedy says he once had a parasitic worm in his brain. I asked him if he would consent to undergoing a cognitive test. “The cognitive exam is called the debates. I would gladly take it,” he said. “I take a cognitive exam every time I do a podcast—I challenge the other candidates to take the cognitive test with me.” He added that he’d release his medical records if his chief opponents did the same.

Three nights before our lunch in Tennessee, I showed up at Kennedy’s rally in Austin, Texas. Outside the venue I spotted one attendee with colorful markers scribbling out a homemade sign: WORMS NOT WARS. The man, a 39-year-old named Steven Kinsey, told me he had spent his entire adult life supporting Democrats, including Biden. But several months ago he happened to hear Kennedy on Theo Von’s podcast when the episode came up on shuffle. “I was like, ‘Oh, isn’t that that crazy Kennedy?’” he said. “So I just left it on for entertainment purposes. And I was blown away. I was like, ‘This isn’t the same guy that everyone says is wacko.’”

[From the May 2024 issue: Is Theo Von the next Joe Rogan?]

Kennedy’s rhetoric—whether you believe it to be wacko or compelling—is full of contradictions. He views himself as a pacifist—an anti-war candidate who nonetheless falls to the right of many liberals on key issues of the moment, including Israel in its war with Hamas. Kennedy told me he is “very pro-Palestinian,” but like Biden, he is steadfastly supporting Israel. “I think, for Israel’s future, for Gaza’s future, Hamas has to be gotten rid of,” he said. “I don’t see what happens in a cease-fire. I don’t even understand what people, you know, expect out of it.”

Kennedy made headlines in early May for saying he supported abortion rights up until the moment of birth. But over lunch with me several days later, he explained why he had already modified his position, supporting abortion rights only to the point of fetal viability. “I’ve had 40 years that show that I’m pretty indifferent to a political cost of whatever issue,” he said. “If I’m wrong about something, if somebody shows me facts, I’m going to change my mind.” When I asked whether he’d enshrine abortion rights at the federal level, he was cagey. “Maybe an early—you know—before viability,” he said. “Listen, I don’t tell people I’m going to do something I don’t think can be done.”

In the early 2000s, Kennedy helped popularize the idea that vaccines cause autism, a theory that remains scientifically unproven. Last summer, he falsely claimed that the coronavirus pandemic may have been “ethnically targeted” to attack Caucasians and Black people, and that “Ashkenazi Jews and Chinese” are most immune from the virus. Nevertheless, he rejects the anti-vax label. “First of all, virtually everything that the press has written about my opinion of vaccines is wrong,” he told me. He said he believes that his position on vaccines is “aligned with what 99 percent of Americans feel.” In a bit of revisionist history, he said his stance boils down to “If people want vaccines they should be able to get ’em. I’m not going to do anything to interfere with that.” He told me that he wants people to have “the best science” on risk and efficacy. “And that’s all I’ve been saying for years. And that the people who are injured by vaccines, there’s a certain amount of people who are injured, and that we ought to be listening to them, not telling them that they’re fine and gaslighting them.”

Kennedy has practically zero chance of winning the White House and turning these policy positions into laws. As of now, he won’t participate in the first presidential debate in June. During our lunch, I asked him which state he most believes he’ll win, or, more generally, if he has a viable path to 270 electoral votes. He mentioned a few spots where he’s gaining traction, but couldn’t answer either question definitively. “I’m only peripherally involved in that part of the campaign,” he said of state-level plans—he was saying, in other words, that he’s not involved in the part of the campaign that’s concerned with trying to win the election. He deferred my nuts-and-bolts queries to his campaign manager, Amaryllis Fox Kennedy, his daughter-in-law.

“You know, there’s a mathematical answer,” she told me by phone last night. “But there’s also an answer that really has continued to transcend math all the way through.” She referred to this as “the America that almost was and what could be,” paraphrasing the author Charles Eisenstein. “Part of what I think a lot of observers, at least at this stage in the cycle, get wrong, is looking at national races rather than looking at individual states and how together they deliver a new leader to the White House,” she said.

I asked her which individual states her campaign will win.

“Well, you know, John, I would love to tell you that list,” she said. “One of the aspects to our electoral map that’s extremely important is not signaling where we’re going to be focused, ensuring advertising rates and attention and so forth are affordable and achievable there. So I can’t share the states with you except to say that Bobby is speaking to all Americans, and most especially to Americans who’ve been completely ignored by the map of the two-party system for decades and decades and are ready to have a say in the system.”

I asked her again. She eventually said that her team has a list of 29 states, but refused to share any of them, raising the possibility that Kennedy’s opponents may try to infiltrate their campaign. “Where we see the strongest numbers right now is, you know, the matter of a lot of internal polling. I’m sure the other campaigns are doing their own internal polling. But in the balance of resources, it wouldn’t be wise for us to spend a lot of hours on polling and then share them publicly.”

Though Kennedy will almost certainly lose the election, he could still affect its outcome by being a spoiler. The Democrats sense this. The DNC recently hired the veteran operative Lis Smith to lead a team focused on attacking third-party candidates, Kennedy in particular. Outside Kennedy’s rally in Austin, a black box truck drove laps around the venue. Among the rotating messages on its exterior about Kennedy and his running mate: WHY IS TRUMP’S TOP DONOR SPENDING $20 MILLION TO PROP UP RFK JR. AND NICOLE SHANAHAN? Beneath Photoshopped images of the two candidates in MAGA hats was a disclaimer: PAID FOR BY THE DEMOCRATIC NATIONAL COMMITTEE.

The Democratic pollster and strategist Ben Tulchin has recently been looking closely at two swing states, Arizona and Pennsylvania. In Arizona, in particular, Tulchin’s data indicate that Kennedy is a bigger threat to Biden than he is to Trump, especially among young people and Latinos. “I’ve been raising the alarm with the Democratic Party and anyone who will hear me in the Biden campaign,” Tulchin told me.

At the national level, though, a clear picture has yet to emerge. Patrick Murray, director of the Monmouth University Polling Institute, told me in an email, “There is no evidence in the current polls that conclusively points to RFK pulling more support from either side.” He continued, “The problem is, of course, with expected close outcomes in a few key Electoral College states, any small spoiler effect that’s hidden in the polling margins can have major consequences. Sample polling may not be precise enough to find it, unless you can interview every voter. That type of polling is called an election.”

Kennedy keeps steadily attracting not just independents but a mix of Democrats and Republicans alike. This aligns with what I’ve noticed at his events—a diverse generational cross section: crypto bros, cowboys, crunchy hippies. Kennedy looks out from the stage and sees it, too—all the wide-eyed voters looking back.

To stiff-arm the spoiler characterization, Kennedy refers to his own polling that shows he’d defeat either Biden or Trump in head-to-head matchups. “I’m not a spoiler, because I can win,” he told me flatly.

Trump rallies brim with a dystopian, campy Americana. Biden rallies barely exist. Kennedy rallies, meanwhile, tend to feel like giant house parties. Opening acts usually include cover bands, and many attendees mingle while sipping drinks. Inside the downtown-Austin venue, nearly 1,000 people milled about multiple bars and listened to a band cycle through crowd favorites: Tom Petty’s “I Won’t Back Down,” 4 Non Blondes’ “What’s Up?,” and, in an ironic twist, Creedence Clearwater Revival’s “Fortunate Son.”

One of the first speakers that night was the regenerative-farming influencer Ryland Engelhart. He quoted the mystic poet Rumi and affectionately likened the RFK Jr. campaign to Noah’s Ark—“a big foolish project.” Engelhart told the crowd that he had been sitting on the toilet scrolling through his phone when he first discovered Kennedy and his message. He spoke wistfully about a recent fundraiser that ended with Kennedy joining his donors in a sweat lodge. He paraphrased another Rumi line at the end of his speech: Out beyond ideas of wrongdoing and rightdoing, there is a field. I’ll meet you there. Then offered a 2024 addendum: “There is a president beyond Donald Trump and Joe Biden. I will meet you there.”

[Read: The RFK Jr. strategy clicks into focus]

Shanahan made a rare public appearance that night. A Silicon Valley businesswoman and reported billionaire, she has no political experience and is not a natural public speaker. Most of her message was not about the election, but about topics such as healthy soil and the danger of forever chemicals in food. “A lot of our most innovative solutions come from outside conventional politics—they are in the realm of what’s been called ‘alternative,’” she said. “Yes, I know that sounds so radical. It shouldn’t. I have seen the power of these little alternative ways of thinking in my own life. I have used alternative health practices to restore my health, my fertility … I know what is possible when you think with an alternative, creative mindset.”

When Kennedy took the stage, he told the crowd, “Every time I see her speak, I fall a little bit more in love with her.” He went on, “Most of the presidential candidates we have today, they sound like they’re doing a satire of Veep. And that’s not what you hear from Nicole—you hear a lecture about soil!” He warned that the more Americans spend on medicine, the unhealthier we get. “What is it that is causing us not to see that?” he asked. “What is it that is causing us to constantly feed this beast that is making us more and more sick all the time? It’s the corrupt political system. It’s the subversion of our democracy.” His message built toward a call-and-response finale. “If Nicole and I get into office, everything is going to change,” Kennedy said.

“Don’t you want everything to change?”

“Yes!” the crowd shouted.

“Is there anything that you want to keep the same?”

“No!”

Some of the people most concerned about Kennedy’s impact on the election are members of his own family. Last year, a few Kennedys began speaking out against what they saw as the dangers of his campaign. His brother Christopher Kennedy recently characterized RFK as “unreachable,” a “true believer” with “fringe thinking,” “crackpot ideas,” and “unsound judgment.” On St. Patrick’s Day this year, dozens of Kennedys gathered at the White House and took a family photo with Biden—an unsubtle message to RFK.

I asked Kennedy what had gone through his mind when he saw that photo. He stared off at a refrigerator along the wall separating the restaurant’s dining room from its kitchen. He wiped his eye. He leaned forward with both elbows on the table. All told, it took him 34 seconds to formulate his answer. Kennedy acknowledged that he has family members who are “not enthused” about his candidacy, and some who are supporting him. “I don’t harbor resentments anymore,” he said. “I just don’t. I think they’re corrosive. They’re like swallowing poison and hoping someone else will die.”

[Read: Where RFK Jr. goes from here]

He told me that he had expected to be polling well among his fellow Baby Boomers, because they were the ones with the most nostalgia for his father and uncle—the Camelot era. But so far, he said, younger people were his strongest bloc of support, people who likely didn’t think much about that history. I asked if he felt primarily like a Kennedy, someone carrying on a family legacy, or if he saw himself as just Bobby.

“Where do we get our sense of self?” he asked. “It comes from the principles which are the boundaries of that entity. The principles, the places where we say to ourselves, ‘I would never do that.’ And it comes from, you know, feelings that are the product of our history and our culture and our genes. You know, I grew up in this family. That lucky event, for me, has been one of the formative features and forces of my life. And has crafted everything I believe in as a person. It’d be hard for me to separate myself from my family.”

He characterized the past year of campaigning as “a very intense lesson on all the things that you’re supposed to learn in the course of your life.” Running for president, he said, teaches you how to process antipathy. “You got a lot of hatred coming in, and anger, and then, you know, the opposite of that, too.” The goal he chases is to treat “everything as an imposter,” even the adulation. But he seems to have a harder time with that last part.

“I think one of the inspiring things for me is how many people have put hopes in me for change. And I’m sure if you interview some of these people who are following me, it’s extraordinary to me that so many people show up,” he said. “A lot of them come to me crying and just voice their hopes. And it feels like a big responsibility.” He told me that this has changed him in a “fundamental” way. “It’s made me try to be the person that, you know, people hope I am.”

It’s hard to know who that person is, or what he stands for. Kennedy told me that he believes the worst things Trump did as president were instituting lockdowns during the early phase of the pandemic and walking away from a nuclear-weapons treaty with Russia. He referred to Biden’s border policy as “a catastrophe.” He wants voters to distrust the government, yet he also wants to run the government. Kennedy remains a magnet for the disillusioned. His philosophy isn’t profound, but his supporters seem to know that he’s saying something, and that it’s a little dangerous and alluring. In an election with two deeply unpopular major-party candidates, that message—even if it doesn’t add up to much—is resonating.

Trump’s Stop-and-Frisk Agenda

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 05 › trumps-extreme-plans-crime › 678502

Even as Donald Trump relies on unprecedented support from Black and Latino voters, he is embracing policies that would expose their communities to much greater police surveillance and enforcement. The policies that Trump is pledging to implement around crime and policing in a second presidential term would reverse the broad trend of police reform that accelerated after the murder of George Floyd, four years ago today.

Trump has endorsed a suite of proposals that would provide cities with more funds to hire police officers; pressure officials in major cities to employ more aggressive policing tactics, such as “stop and frisk,” in high-crime neighborhoods; and strengthen legal protection for law-enforcement officers accused of misconduct.

“I suspect that in many places, you would see policing that is much harsher, much more punitive, [and] not nearly as concerned about the racial disparities in the way that policing happens,” Christy Lopez, a former Justice Department attorney who led multiple federal investigations of racial bias in police departments around the country, told me. “All of those things that we have been working for years to dismantle will be built up again.”

The cumulative effect of Trump’s proposals would be to push local police departments toward arresting more people. That dynamic would inevitably increase the number of Black and Latino people entangled in the criminal-justice system, after years of declines in the total number of arrests.

The magnitude of Trump’s plans on policing and crime has drawn little attention in the presidential race so far. But on virtually every front, Trump proposes to use federal influence to reverse the efforts toward police reform that have gained ground over roughly the past decade, and especially since Floyd’s murder by the Minneapolis police officer Derek Chauvin in 2020 spurred the largest nationwide protests since the 1960s. “We will give our police back their power and their respect,” Trump declared in his appearance at the National Rifle Association convention last weekend.

[Juliette Kayyem: The government isn’t ready for the violence Trump might unleash]

In a campaign video last year, Trump laid out a sweeping second-term agenda on crime and policing. He promised “a record investment” in federal funds to help cities hire and train more police. He said he would require local law-enforcement agencies receiving federal grants to implement an array of hard-line “proven policing measures” including “stop-and-frisk, strictly enforcing existing gun laws, cracking down on the open use of illegal drugs,” and cooperating with federal immigration agencies “to arrest and deport criminal aliens.”

Trump has also pledged to launch federal civil-rights investigations against the reform-oriented progressive prosecutors (or “radical Marxist prosecutors,” in Trump’s terms) who have been elected in New York, Chicago, Los Angeles, and Philadelphia, among other big cities. He has promised to pursue the death penalty for drug dealers and has repeatedly called on police to shoot shoplifters: “Very simply, if you rob a store, you can fully expect to be shot as you are leaving that store,” he said in one speech.

Perhaps most dramatically, Trump has indicated that he will dispatch the National Guard and other federal law-enforcement personnel “to restore law and order” in cities where “local law enforcement refuses to act.” Trump, in fact, has said on multiple occasions that one of his biggest regrets from his first term is that he deferred to city officials, who resisted his calls to deploy the National Guard or other federal law-enforcement forces onto their streets. Trump and Stephen Miller, his top immigration adviser, have also said they intend to dispatch the National Guard to major cities to participate in his planned mass-deportation campaign.

Trump has not provided detail on his crime proposals; some experts say that makes it difficult to evaluate their potential impact. “Reading over the Trump plan, I would say it is a mix of the good, the bad, the puzzling, and the incoherent,” Jens Ludwig, director of the University of Chicago’s crime lab, told me.

Trump’s most frequent promise has been his pledge “to indemnify all police officers and law-enforcement officials,” as he put in his NRA speech, “to protect them from being destroyed by radical-left lunatics who are angry that they are taking strong action on crime.”

Exactly how Trump, at the federal level, could provide more legal protection to police officers is unclear. Experts point out that police officers already are shielded by the doctrine of “qualified immunity” against litigation, which the Supreme Court has upheld in multiple cases. Even in cases where law-enforcement agencies admit to misconduct, the damages are virtually always paid by the city, not the individual police officer.

In 2021, with President Joe Biden’s support, House Democrats did pass police-reform legislation, named the George Floyd Justice in Policing Act, that limited qualified immunity and would have made suing police for misconduct easier, but that bill died in the Senate. Some states and local governments have since moved to weaken qualified immunity as a defense in state courts. Trump appears to envision passing national legislation that codifies broad protection for police and preempts any state effort to retrench it.

Trump could also face problems precisely defining the policing tactics he wants to require local officials to adopt as a condition for receiving federal law-enforcement grants. Trump, for instance, has repeatedly praised the stop-and-frisk program launched in New York City by then-Mayor Rudolph Giuliani. Under that program, the New York Police Department stopped large numbers of people—many of them young Black and Latino men—and claimed to be searching for drugs or guns. But eventually a federal district judge declared that the program violated the Constitution’s protections against unreasonable search and seizure, as well as its guarantee of equal protection, and the city later abandoned the tactic.

Lopez, now a professor at Georgetown University Law School, says that Trump can’t order other police departments to precisely replicate the aggressive stop-and-frisk practices from New York City that have been found unconstitutional. But, she says, tying federal aid to stop-and-frisk and the other hard-line policies Trump is promoting could nonetheless exert a powerful signaling effect on local law enforcement.

“At the federal level, you can use your influence, your dollars, your training to encourage practices that are more or less alienating to communities,” she told me. Trump’s touting of stop-and-frisk, Lopez added, is “a signal that his administration is going to really promote some of the most aggressive, alienating practices that police departments have partaken in.”

Reinforcing the funding message is the approach Trump has laid out for civil-rights oversight of policing. Trump’s Justice Department stopped nearly all federal investigations into allegations of bias in police enforcement: His administration launched only one investigation of a police department (a single unit in Springfield, Massachusetts), abandoned a consent decree that Barack Obama’s Justice Department had negotiated for reforms in Chicago, and ultimately effectively banned department lawyers from seeking further consent decrees with other localities.

Now Trump is pledging to instead pursue federal civil-rights investigations against the reform prosecutors who are challenging local policing and charging practices. That shift in emphasis would likely provide another nudge for cities toward more intrusive enforcement approaches. The rollback “in federal oversight of policing” that Trump pursued in his first term, Lopez says, “will look like child’s play if Trump is reelected.”

Public-safety analysts sympathetic to Trump’s vision say it represents a necessary course correction after the array of criminal-justice reforms that policy makers have advanced roughly since the death of Michael Brown in Ferguson, Missouri, in 2014. Rafael Mangual, a fellow at the conservative Manhattan Institute, argues that, partly because of those reforms, policing has “become a much harder job to do.” Mangual agrees that Trump’s agenda could result in more arrests of minority young people, but says that would be an acceptable cost for improving safety in the low-income, heavily minority neighborhoods where crime is often most prevalent. “If you are talking about things like adding more police and having them be more proactive in the field, I think it is absolutely the case, especially in high-crime communities, what you are going to see is improvement on those measures,” he told me.

[Russell Berman: The voters who don’t really know Donald Trump]

But critics believe that Trump’s approach would reduce police accountability and increase incarceration rates without providing more public safety. The unifying idea in Trump’s proposals seems to be “that all we need for public safety is more enforcement and punishment,” says Daniela Gilbert, director of Redefining Public Safety at the Vera Institute for Justice, a liberal police-reform advocacy group. “If that was effective, we’d already have safer communities.”

Ludwig agrees with Mangual that low-income minority neighborhoods would gain the most from a reduction in crime. But, like Gilbert, Ludwig says it’s not clear that the agenda Trump has laid out would achieve that goal. “He’s saying two things: more policing and more aggressive policing,” Ludwig told me. “I think the more policing [is] good, the more aggressive policing—not helpful.”

Although some other criminologists disagree, Ludwig says the evidence is that hiring and training more police does lower crime, and that those benefits will be felt “disproportionately in low-income communities of color.” But, Ludwig adds, the aspects of Trump’s agenda that are designed to pressure cities to stop and arrest more people for nonviolent offenses or to participate in deportation efforts would likely prove counterproductive by heightening tension and reducing cooperation between police and minority communities.

The backdrop for this policy debate is an extremely volatile political environment on crime.

Polls consistently show that significantly more voters say they trust Trump than Biden to handle crime. Although Biden usually leads on that question among nonwhite voters, even a substantial minority of Blacks and Latinos typically say they trust Trump more to address the problem. Trump’s strength on those measures is one component of the overall racial inversion evident in polling so far about the 2024 race, with Biden largely holding his 2020 support among white voters but suffering substantial erosion to Trump among racial minorities.

A crucial question for the election is whether Trump can maintain those inroads among nonwhite voters while offering such a racially polarizing agenda across a wide range of issues. Trump’s embrace of criminal-justice and policing policies that could disproportionately affect Black and Latino communities is a prime example of that dynamic.

Biden, in a manner reminiscent of Bill Clinton during the 1990s, has tried to find a “third way” on crime between Trump and the most liberal reformers in his own party. Biden backed the sweeping police-reform bill that the Democratic-controlled House passed in 2021 and issued a 2022 executive order prescribing various reforms on federal law-enforcement agencies. But he has also touted the $15 billion he won in the 2021 COVID-recovery act to support local law-enforcement budgets, and he has continued to push for federal aid to help cities hire 100,000 more police officers.

Biden’s Justice Department has released findings of civil-rights investigations into the police departments of Minneapolis, where Floyd was murdered, and Louisville, where Breonna Taylor was killed during a botched raid on her apartment, and is conducting investigations of nine other jurisdictions. But the department has not completed legal consent decrees with any local police departments, a stark contrast with the 14 that Obama reached over his two terms. Lopez, who led those efforts for Obama, praises the quality of the Biden investigations into Minneapolis and Louisville, but says the diminished quantity of agreements reflects Biden’s general sympathy for traditional approaches to policing. “I think there is much more ambivalence under the Biden administration about this work than there was under the Obama administration,” she told me.

But, as on many issues, a huge gulf still separates Biden’s careful balancing act from Trump’s sweeping plans to unshackle and unleash police. Even if Trump could not implement all the proposals he has unveiled, his overall agenda would likely encourage police to adopt more punitive tactics. “I want to think that we are all being alarmist about all this,” Lopez told me, “but I fear that it’s actually quite realistic that he is going to go much further than he did last time.”

For good or ill, the Trump effect on policing would likely be felt most acutely in the heavily Black and Latino neighborhoods of places such as Detroit, Philadelphia, and Las Vegas that may decide whether he wins a second term and the chance to reverse the past decade’s fitful advances toward rethinking policing and criminal justice.

Illustration Sources: Angela Weiss / Getty; Brett Carlsen / Getty; David Ryder / Getty; James Devaney / Getty; Jim Vondruska / Getty; Kyle Grillot / Getty*

‘The Judge Hates Donald Trump’

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 05 › trump-criminal-trial-merchan › 678453

Since the New York State judge Juan Merchan fined and scolded Donald Trump earlier this month for violating a gag order in his criminal trial, the former president has been on … well, maybe not his best behavior, but certainly better behavior. For a couple of weeks, he avoided statements that might be construed as violating the order, before he started to test the boundaries again.

The order is intended to protect the sanctity of the case, in part by banning Trump from attacking witnesses, as well as the families of prosecutors and of the judge. But Merchan himself is not protected under the order, as Trump knows. Speaking outside of court yesterday, after the defense rested its case, he blasted Merchan, who was born in Colombia

“The judge hates Donald Trump,” Trump said, employing a Bob Dole–like third person. “Just take a look. Take a look at him. Take a look at where he comes from. He can’t stand Donald Trump. He’s doing everything in his power.”

This isn’t banned under the gag order, but it does undermine the legitimacy of the courts. It is also appalling in a way that Trump’s behavior so often and so casually is that it risks being overlooked. Trump implies that Merchan must hate him because Merchan is Latino. Put differently, Trump is arguing that because he, Trump, has made racist comments about Latinos, any individual Latino must hate him. (Never mind that Trump has courted and gained ground among Latino voters.) Or perhaps it’s another example of his frequent projection: If Trump is prejudiced, he assumes that other people must be prejudiced in the same way.

[David A. Graham: Trump’s contempt knows no bounds]

This is not the first time he’s made such a remark about a judge. In 2016, Trump insinuated bias on the part of Gonzalo Curiel, a federal judge who was overseeing a class-action suit alleging that the so-called Trump University was fraudulent. (Trump ultimately settled the case for $25 million.) “What happens is the judge, who happens to be, we believe, Mexican, which is great. I think that’s fine,” Trump said. When pressed by CNN’s Jake Tapper, Trump refused to deny that he was saying a Mexican judge couldn’t fairly hear his case.

More than simple bigotry, Trump’s remarks about Merchan are an attack on the bedrock of the American justice system, part of his assault on the rule of law itself. The principles of the courts are that judges and juries do their best to set aside biases, and that the adversarial system’s checks and balances ensure fair results more often than not. By suggesting that a judge is irreparably biased simply by virtue of where he was born, Trump seeks to undermine the whole system. He also seeks to cast doubt on the very idea of naturalized citizenship.

Trump’s approach also creates a perverse incentive: Any defendant who attacked a judge (or prosecutor’s) ethnicity or other background could unilaterally have them removed. Of course, every defendant would love to pick a judge who they expect will be reflexively sympathetic to them, but that wouldn’t be fair. (Nonetheless, that may be exactly what is happening in another of Trump’s criminal cases, as a judge he appointed to the federal bench appears to be hobbling his prosecution.)

[Read: Is Trump daring a judge to jail him?]

There is one, more charitable interpretation of Trump’s demand that we “take a look at where he comes from.” Merchan arrived in the United States when he was 6 years old and settled in Queens, New York—the same borough of New York City where the former president was born and raised. Merchan is from Queens as much as Trump is. If Trump means that New Yorkers don’t like him very much, he’s got a point.

Biden’s Electoral College Challenge

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 05 › bidens-electoral-college-problem › 678260

President Joe Biden won a decisive Electoral College victory in 2020 by restoring old Democratic advantages in the Rust Belt while establishing new beachheads in the Sun Belt.

But this year, his position in polls has weakened on both fronts. The result is that, even this far from Election Day, signs are developing that Biden could face a last-mile problem in the Electoral College.

Even a modest recovery in Biden’s current support could put him in position to win states worth 255 Electoral College votes, strategists in both parties agree. His problem is that every option for capturing the final 15 Electoral College votes he would need to reach a winning majority of 270 looks significantly more difficult.

At this point, former President Donald Trump’s gains have provided him with more plausible alternatives to cross the last mile to 270. Trump’s personal vulnerabilities, Biden’s edge in building a campaign organization, and abortion rights’ prominence in several key swing states could erase that advantage. But for now, Biden looks to have less margin for error than the former president.

[Read: Will Biden have a Gaza problem in November’s poll?]

Biden’s odds may particularly diminish if he cannot hold all three of the former “blue wall” states across the Rust Belt that he recaptured in 2020 after Trump had taken them four years earlier: Michigan, Pennsylvania, and Wisconsin. Biden is running more competitively in Pennsylvania and Wisconsin than in any other swing states. But in Michigan, Biden has struggled in most polls, whipsawed by defections among multiple groups Democrats rely on, including Arab Americans, auto workers, young people, and Black Americans.

As James Carville, the veteran Democratic strategist told me, if Biden can recover to win Michigan along with Pennsylvania and Wisconsin, “you are not going to lose.” But, Carville added, if Biden can’t hold all three, “you are going to have to catch an inside straight to win.”

For both campaigns, the math of the next Electoral College map starts with the results from the last campaign. In 2020, Biden won 25 states, the District of Columbia and a congressional district centered on Omaha, in Nebraska—one of the two states that awards some of its Electoral College votes by district. Last time, Trump won 25 states and a rural congressional district in Maine, the other state that awards some of its electors by district.

The places Biden won are worth 303 Electoral College votes in 2024; Trump’s places are worth 235. Biden’s advantage disappears, though, when looking at the states that appear to be securely in each side’s grip.

Of the 25 states Trump won, North Carolina was the only one he carried by less than three percentage points; Florida was the only other state Trump won by less than four points.

It’s not clear that Biden can truly threaten Trump in either state. Biden’s campaign, stressing criticism of Florida’s six-week abortion ban that went into effect today, has signaled some interest in contesting the state. But amid all the signs of Florida’s rightward drift in recent years, few operatives in either party believe the Biden campaign will undertake the enormous investment required to fully compete there.

Biden’s team has committed to a serious push in North Carolina. There, he could be helped by a gubernatorial race that pits Democratic Attorney General Josh Stein against Republican Lieutenant Governor Mark Robinson, a social conservative who has described LGBTQ people as “filth” and spoken favorably about the era when women could not vote. Democrats also believe that Biden can harvest discontent over the 12-week abortion ban that the GOP-controlled state legislature passed last year

But Democrats have not won a presidential or U.S. Senate race in North Carolina since 2008. Despite Democratic gains in white-collar suburbs around Charlotte and Raleigh, Trump’s campaign believes that a steady flow of conservative-leaning white retirees from elsewhere is tilting the state to the right; polls to this point consistently show Trump leading, often by comfortable margins.

Biden has a much greater area of vulnerable terrain to defend. In 2020, he carried three of his 25 states by less than a single percentage point—Georgia, Arizona, and Wisconsin—and won Pennsylvania by a little more than one point. He also won Michigan and Nevada by about 2.5 percentage points each; in all, Biden carried six states by less than three points, compared with just one for Trump. Even Minnesota and New Hampshire, both of which Biden won by about seven points, don’t look entirely safe for him in 2024, though he remains favored in each.

Many operatives in both parties separate the six states Biden carried most narrowly into three distinct tiers. Biden has looked best in Wisconsin and Pennsylvania. Biden’s position has been weakest in Arizona, Nevada, and Georgia. Michigan falls into its own tier in between.

This ranking and Trump’s consistent lead in North Carolina reflect the upside-down racial dynamics of the 2024 race to this point. As Democrats always do, Biden still runs better among voters of color than among white voters. But the trend in support since 2020 has defied the usual pattern. Both state and national polls, as I’ve written, regularly show Biden closely matching the share of the vote he won in 2020 among white voters. But these same polls routinely show Trump significantly improving on his 2020 performance among Black and Latino voters, especially men. Biden is also holding much more of his 2020 support among seniors than he is among young people.

These demographic patterns are shaping the geography of the 2024 race. They explain why Biden has lost more ground since 2020 in the racially diverse and generally younger Sun Belt states than he has in the older and more preponderantly white Rust Belt states. Slipping support among voters of color (primarily Black voters) threatens Biden in Michigan, Pennsylvania, and Wisconsin too, but the danger for him isn’t as great as in the Sun Belt states, where minorities are a much larger share of the total electorate. Biden running better in the swing states that are less, rather than more, diverse “is an irony that we’re not used to,” says Bradley Beychok, a co-founder of the liberal advocacy group American Bridge 21st Century, which is running a massive campaign to reach mostly white swing voters in the Rust Belt battlegrounds.

Given these unexpected patterns, Democratic strategists I’ve spoken with this year almost uniformly agree with Carville that the most promising route for Biden to reach 270 Electoral College votes goes through the traditional industrial battlegrounds of Michigan, Pennsylvania, and Wisconsin. “If you look at all the battleground-state polling, and don’t get too fixated on this poll or that, the polling consistently shows you that Biden runs better in the three industrial Midwest states than he does in the four swing Sun Belt states,” Doug Sosnik, who served as the chief White House political strategist for Bill Clinton, told me.

Democratic hopes for a Biden reelection almost all start with him holding Pennsylvania and Wisconsin, where polls now generally show a dead heat. If Biden wins both and holds all the states that he won in 2020 by at least three points—as well as Washington, D.C., and the Omaha congressional district—that would bring the president to 255 Electoral College votes. At that point, even if Biden loses all of the Sun Belt battlegrounds, he could reach the 270-vote threshold just by taking Michigan, with its 15 votes, as well.

But Michigan has been a persistent weak spot for Biden. Although a CBS News/YouGov poll released Sunday showed Biden narrowly leading Trump in Michigan, most polls for months have shown the former president, who campaigned there today, reliably ahead. “In all the internal polling I’m seeing and doing in Michigan, I’ve never had Joe Biden leading Donald Trump,” Richard Czuba, an independent Michigan pollster who conducts surveys for business and civic groups, told me.

[Read: How Trump is dividing minority voters]

Czuba doesn’t consider Michigan out of reach for Biden. He believes that Robert F. Kennedy Jr., who has qualified for the ballot, will ultimately draw more votes from Trump. Democrats have also rebuilt a formidable political organization, he noted, while the state Republican Party is in disarray, which will help Biden in a close race. And defending abortion rights remains a powerful advantage for Democrats, Czuba said, with Governor Gretchen Whitmer an effective and popular messenger for that cause.

But Czuba said Biden is facing obstacles in Michigan that extend beyond his often-discussed problems with Arab American voters over the war in Gaza, discontent on college campuses around the same issue, and Trump’s claim that the transition to electric vehicles will produce a “bloodbath” for the auto industry. Biden is also deeply unpopular among independents in the state, Czuba said concerns about his age are a principal concern. “That’s the overriding issue we’re hearing,” he told me. “I don’t think any of those independents voted for Joe Biden thinking he was going to run for reelection.” On top of all that, Sunday’s CBS News/YouGov poll showed Trump winning about one in six Black voters in Michigan, roughly double his share in 2020.

If Biden can’t win Michigan, his remaining options for reaching 270 Electoral College votes are all difficult at best. Many Democrats believe that if Biden loses Michigan, the most plausible alternative for him is to win both Arizona and Nevada, which have a combined 17 votes. Georgia or North Carolina, each with 16 votes, could also substitute for Michigan, but both now lean solidly toward Trump. After Michigan, or the combination of Arizona and Nevada, “there’s a fault line where the math works but the probabilities are pretty significantly lower,” Sosnik said.

Public polls this spring aren’t much better for Biden in Arizona and Nevada than in Georgia and North Carolina. And just as Biden faces erosion with Black voters in the Southeast, he’s underperforming among Latinos in the Southwest. Yet most Democrats are more optimistic about their chances in the Southwest than the Southeast.

In Nevada, that’s partly because the Democrats’ turnout machinery, which includes the powerful Culinary Union Local 226, has established a formidable record of winning close races. Both states have also been big winners in the private-investment boom flowing from the three big bills Biden passed in his first two years in office: Nevada received $9 billion in clean-energy investments, and Arizona got a whopping $64 billion from semiconductor manufacturers. The sweep of Trump’s plans for the mass deportation of undocumented immigrants could undo some of his gains with Latinos.

But mostly, Democratic hopes in both states center on abortion. Ballot initiatives inscribing abortion rights into the state constitution seem on track to qualify for the ballot in both, and polls show most voters in each state believe abortion should remain legal in all or most cases. In Arizona, the issue has been inflamed by the recent decision from the Republican-controlled state supreme court to reinstate a near-total ban on abortion dating back to 1864.

Beychok says a message of defending democracy and personal freedoms, including access to abortion and other reproductive care, remains Biden’s best asset across the Sun Belt and Rust Belt swing states. “Abortion, democracy, and freedom have been greater than whatever Republicans have decided to throw against the wall,” he told me. “They can go and scream about Biden’s age, or ‘the squad,’ or inflation and the cost of things. The problem is they have been singing that song for years and they have continued to lose elections.”

If Biden has a path to a second term, those issues will likely need to clear the way again—in the Rust Belt and Sun Belt alike.