Trump Can Close the Border, Former Federal Prosecutor Says

The New American ^ | October 25, 2018 | R. Cort Kirkwood

[2ndDivisionVet]

As the “migrant caravan” surges through Mexico toward the U.S. border, U.S. officials are debating how to handle the mass of people once they arrive and demand entry into the Promised Land.

Tensions are high inside the Trump White House, The New American reported yesterday, with the president’s aides and officials arguing about the president’s options.

But a former federal prosecutor says debate is unnecessary. Trump can close the border.

The Law, the Court Case, and the Criminal Flood

Writing first at the Daily Caller and then speaking on Breitbart Radio, Sidney Powell, former Assistant United States Attorney and Appellate Section Chief in the Western and Northern Districts of Texas, says no one can stop the president from closing the borders to protect the country from dangerous aliens. In this case, the danger is 14,000 people who will immediately become a burden on public schools, the healthcare system, and police and criminal courts.

Title 8, Chapter 12 of the U.S. Code, which governs “inadmissible aliens,” Powell wrote, gives Trump the right to shut down the border.

Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.

The U.S. Supreme Court recently reaffirmed the president’s authority in the case Hawaii brought against him because of the wrongly named “Muslim ban.”

That statute, the court opined, “entrusts to the President the decisions whether and when to suspend entry, whose entry to suspend, for how long, and on what conditions. It thus vests the President with ‘ample power’ to impose entry restrictions in addition to those elsewhere enumerated in the [Immigration and Nationality Act].... The sole prerequisite set forth ... is that the President “find” that the entry of the covered aliens “would be detrimental to the interests of the United States.”

“Why not just let them all in?” Powell asked. “We’re a big country with some of the most generous people in the history of the world. We wish everyone could enjoy our freedoms and prosperity.”

Because the president has the right and duty to block the mass entry of criminals:

As sympathetic as many in the "caravan" might be, embedded with them are untold numbers of MS-13 gang members, drug dealers, rapists, pedophiles, murderers, and terrorists. Indeed, Guatemala, from which the caravan has come, just arrested 100 members of ISIS.

Friday night, the “caravan” proved to be a violent mob. Video footage shows them breaking through the fence at the southern border of Mexico, injuring Mexican officers and entering Mexico illegally. Categorically, they are criminals.

But that’s not all, Powell wrote. Trump has “countless reasons” aside from the outright criminality of the aliens to close the border. A strange virus causing polio-like symptoms is hitting children, our national deficit is growing, and we face two major drug-abuse epidemics.

Not to mention homeless veterans, homeless battered women and their children, and on top of that, the immigrants who “have not assimilated well. Downtown Detroit has signs in English and Arabic. Many from all countries have never learned English. Americans have died at the hands of illegals — all unnecessarily.”

Americans can’t afford any more immigrants, she wrote. “Millions of people around the world yearn to live in America, but we cannot provide a home or job for the world’s population. We would no longer have a country. Strangers breaking into America is no different than breaking into your home and demanding that you house, feed, clothe and educate them while providing for their medical needs. Americans are overloaded and fed up.”

Congress, Courts Need Not Approve

Importantly, Trump and his advisors must remember that Congress and the courts need not approve, she told Breitbart.

They can’t stop him because they have “already given him that authority.” Congress did so in federal law, and the Supreme Court “approved it.” The president has the authority to close the borders.

Nor can lower federal courts stop it with injunctions. That idea, she said, is a “crock. No district judge has the authority to issue a national injunction.”

[AJFavish]

Title 8 United States Code, section 1182(f), which was enacted as section 212(f) of the Immigration and Nationality Act, is entitled “Suspension of Entry or Imposition of Restrictions by President” and states (italics added):

Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.

[amihow]

It is my understanding that if Trump closes border, then entrance will be illegal and immediate deportation of all cases are lawful. Claiming fear will not make any difference.

[Red Steel]

If that don’t work, Trump could escalate his response that a little circuit judge would be trumped as said in post #20.

[amihow]

Deport them on the spot is allowed.

[Lurkinanloomin]

Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.
**************************************************

That seems pretty clear cut.

[DHerion]

Deport them and they will drift down a hundred miles and cross somewhere else...don’t wait til they are at the border. Trump should tell the Mexican President he will not allow any truck or rail car to enter the US until it has been searched from top to bottom for drugs...a process that would take months...meaning the hundreds of millions of dollars in Mexican produce will rot...unless the Mexican Pres. sends these invaders back to their home country.

If Trump allows them entry he will be finished politically, his popularity will drop. He will have Merkalized himself. Act now.

[Lurker]

“Trump should tell the Mexican President he will not allow any truck or rail car to enter the US until it has been searched from top to bottom for drugs...a process that would take months...”

I’ve been saying that for over a week. The Mexican government would fold like a cheap lawn chair under a fat man.

L

[outhousepatrol]

Perfect timing, here comes the caravan, troops to border, President suspends all immigration laws, none of this “one foot across the border” bull......... ELECTION SHORTLY...........PERFECT TIMING!

[Az Joe]

You’re right, especially about the lawn chair. I speak from experience.

[BeauBo]

“any aliens or of any class of aliens”

Those requesting asylum.

BOOM!

Mike drop.

[Mr. Jeeves]

That seems pretty clear cut.

Even so, back during the “Trump’s Muslim Ban” crisis, there were plenty of Leftist legal scholars arguing that this law does not mean what it says it means and that this President has no right to do anything to block anyone at any time. Expect injunctions from lower court judges everywhere - which Trump will this time have to completely ignore...and in doing so create “The Worst Crisis Since Watergate” all wrapped up neatly with a bow for the MSM to talk about non-stop in the days before the election.

[Trump Girl Kit Cat]

Trump can close the border if some leftist judge starts screaming, he can ask for a rush ruling from the supremes, in the mean time KEEP THE DAMNED BORDER CLOSED because Trump will be right!!!!

[Hostage]

That's the reason there is this discussion of closing the border.

Closing the border means what it means.

What is the border?

It's a physical line, yes, but it's also all operations, facilities, offices, ports of entry including international flights to US airports, and administrative processing centers related to border crossers.

Closing the border means a halt to everything above.

Catch and release is a law that is superseded by the Constitution and provisions of presidential powers in closing the border.

The border closing powers, unfortunately, may mean the entire border is closed. I do not know if it can be selective.

So it's a big deal but it just might be what the GOP needs to get the Wall funded.

There are only 11 days until the election. When the GOP wins and retains control of Congress, there will be a vote on funding the Wall. It's more than a good bet the funding will be approved.

I think POTUS will reopen the border but station the US Army all along the border while the Wall is put up.

Solar Paneled Border Wall - Zap them if they try climbing over.

[Trump Girl Kit Cat]

If Trump stands his ground on this I PROMISE YOU that Americans will be at the polls in DROVES voting republican because contrary to what the MSM would like everyone to believe Americans EVERYWHERE want the invasions to STOP... Trump knows this!!!!! This is a NO LOSE situation SHUT THE BORDER DOWN, STAND YOUR GROUND!!!!

[familyop]

It’s likely that the election will happen before the horde arrives. Get the vote out, and give the President a better Congress. Then you’ll see good things happen.

[21twelve]

From the web - Eisnhower:

4) We had a President determined to close the border and rid the government of corrupt officials.

President Eisenhower cut off this illegal traffic. He did it quickly and decisively with only 1,075 United States Border Patrol agents – less than one-tenth of today’s force. The operation is still highly praised among veterans of the Border Patrol.

Eisenhower appointed a former West Point classmate and veteran of the 101st Airborne, General Joe Swing to head the Immigration and Naturalization Service (INS). Swing swung into action and almost before the bureaucrats knew what was happening, “entrenched immigration officials” were on their way out of border areas “where their political connections” with influential Senators could no longer impede border safety.

By September, 80,000 had been taken into custody in Texas, and an estimated 500,000 to 700,000 illegals had left the Lone Star State voluntarily.

Mexican nationals were returned by bus or train, deep into Mexico where making it back to the U.S. border was not an easy trip. Tens of thousands…tens of thousands!

Tens of thousands more were put aboard two hired ships…

According to Dillin, the sea journey was not pleasant. The intimation was that most of these “tens of thousands” would not want to make the same trip again. Perhaps they stayed home in Mexico.

[ZULU]

A wall alone is ineffective without the men to man it.

A wall is a useful asset but ultimately we need those human defenders on it to forcefully employ it.

Absent a wall human defenders can still use force effectivrly but more men are needed.

[amihow]

Yes,produce in the Winter is a big deal for Mexico. If they can’t send it North, the Oligarchs in Mexico will help humanely keep the people from entering. Mexico probably can use workers right now.è

[YogicCowboy]

Although I have never been a JBS member, I agree with many of the things they have said - and we are living now with the bitter truth that they were right.

William F. Buckley was highly intelligent, but he was also an intellectual elitist, and he helped build the foul tradition of establishmentarians outcasting non-establishment conservatives - so much so that the NeverTrumpers said that pro-Trump persons must be banned just as Buckley said Birchers must be banned.

Buckley was wrong, just as the NeverTrumpers were wrong.

[YogicCowboy]

Yes, except I personally never listened to the communists called progressives - just as I never entirely listened to Republican snobs like Buckley on the John Birch Society.

I do my own thinking, and I do it with a genius IQ. I don’t need an effete snob like Buckley, no matter what his bona fides, to do my thinking for me.