Homeland Security secretary nominee John Kelly has managed an impressive political feat: appealing to Democrats while retaining the support of those who support President-elect Trump’s campaign promises to get tough on illegal immigration.
This is important because if confirmed, the retired general would be tasked with implementing many of Trump’s immigration proposals, such as removing a large number of illegal immigrants already in the United States.
“General Kelly is showing the right stuff — a keen understanding of human behavior associated with deterring illegal immigration,” Federation for American Immigration Reform president Dan Stein said Wednesday. “He clearly grasps the essential steps needed to encourage those across the globe to respect our borders and our system of law.”
NumbersUSA endorsed Kelly for the Department of Homeland Security post on Monday. “I believe Gen. Kelly’s knowledge and experience will be essential in transforming our overall immigration policy into one that serves Americans’ interests and keeps our nation safe,” the organization’s president Roy Beck said in a letter to Congress.
Both groups favor lower immigration levels and stronger enforcement of existing immigration laws.
But none of this prevented Kelly from winning fulsome praise from Senate Democrats, such as Missouri Sen. Claire McCaskill, who called him a “good choice for Secretary of Homeland Security” and said she believed he would “speak truth to power” and be a “moderating influence on the incoming administration.”
Kelly was introduced to the Senate Homeland Security and Government Affairs Committee Tuesday by former Defense Secretary Robert Gates and two senators who disagree with the president-elect’s stated positions on immigration: Sen. John McCain, R-Ariz., and Sen. Tom Carper, D-Del.
This is a contrast with the confirmation process ahead of Sen. Jeff Sessions, R-Ala., for attorney general. Sessions is a darling of immigration hawks but most Democrats are expected to oppose him. Sen. Cory Booker, D-N.J., planned to take the unusual step Wednesday of testifying against his Senate colleague.
How did Kelly thread the needle? He distanced himself from many of Trump’s more controversial campaign pronouncements when prodded by committee Democrats while at the same time holding relatively firm on immigration enforcement.
For example, Kelly told Sen. Gary Peters, D-Mich., that surveilling mosques raised serious constitutional questions. “I don’t think it’s ever appropriate to focus on something like religion as the only factor,” he said. “I don’t believe in registering people based on religion or ethnicity.”
The nominee told Sen. Rand Paul, R-Ky., that he was opposed to the “mass collection of data on people.” He said he was against torture and would be guided by the law. Kelly promised senators he would stand up to Trump when the president was wrong.
“I don’t think we should ever come close to crossing a line we Americans expect to follow in terms of interrogation techniques,” Kelly said.
The media ate it up. Slate ran a story headlined, “John Kelly Is A Trump Appointee Who Sounds Very Little Like Donald Trump.” The Daily Beast said he went “rogue.”
Yet those looking for tougher immigration enforcement generally weren’t disappointed.
On immigration, Kelly did say a wall wasn’t enough. But he did so in a way that took seriously the need for enforcement. “A physical barrier in and of itself will not do the job,” he said. “It has to be layered defense. If you build a wall from the Pacific to the Gulf of Mexico, you still have to back that up with human beings, sensors.”
Kelly backed this up with other pro-enforcement comments. “My understanding is that under current policies, virtually all illegal aliens get a pass until they commit, and are convicted of, a violent crime,” he said. “The Congress has passed longstanding laws making foreign nationals without legal status removable from the United States, and it is proper for DHS like any other law enforcement organization, to faithfully executive the laws on the books.”
On sanctuary cities that don’t cooperate with immigration enforcement, Kelly said, “If confirmed I don’t think I have the authority to pick and choose which laws need to be followed. I understand why they’re protective, some of those local leaders, but I do think the law is the law.”
Kelly spoke of the frustrations of border patrol agents in an age of large-scale illegal immigration. “The message I heard was always the same: If you do not start sending them back to their country of origin quickly and in large numbers they will never stop making the trek north,” he said. “I believe they are right. I know they are right.”
In his written responses to the committee, Kelly said closing the border to the “illegal movement of people and things” would be his top priority if confirmed.
The 66-year-old wasn’t the immigration hawks’ first choice for the DHS spot, which is also a factor in why Democrats were pleased to see a respected military leader nominated as opposed to some other options.
For now, Kelly seems to have the support of both.
