Posted on 10/25/2018 8:46:47 PM PDT by 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.”
Smart people in the West invented and then propagated the use of machine tools creating the industry and the wealth we enjoy.
Foolish people in the West invented modern Socialism and Marxism and by their influence in higher education spread those insipid ideas to poorer nations before they could repeat that success.
So on the one hand many people have never had their local economy or society develop the uses the such tools whereby they could advance themselves and then the socialists and kleptocrats swooped in to put the brakes on even what was developing. If those who had adopted Marxism subsequently pressed hard for industrialization they did so with slave labor, famine and gulags ... so we should bless our so-called Robber Barons who accomplished the same through voluntary commerce, making the lives of many much better and not filling the land with mass graves in the process.
I want to know what idiot added the keyword, “fake news”.
Do we really have people that ignorant on this site?
This is an opinion piece, based in solid fact and law.
Not if the President has recinded their 'right' to claim asylum at our border, which he has the legal authority to do.
They can be tossed right back over the Rio Grande.
No housing. No food. No processing. No court date.
Suspend their 'right' to claim asylum by executive order, and dump them on the other side of the Rio Grande.
President Trump, close it...and also, shut the rail connections. I know it’ll hurt KCS (Kansas City Southern), but we need to make sure no one is traveling in frieght cars...
According to another article, a White House official has told Fox News that the President is considering issuing an executive order that would suspend entry of all asylum seekers.
His authority to do so is grounded in established law, and has recently been reaffirmed by the Supreme Court.
Looks to me like he's getting ready to tell the activist judges to stick it where the sun don't shine.
This is one reason the Kavanaugh confirmation was so important ...
No housing. No food. No court. No processing.
Suspend their 'right' to claim asylum by executive order, and dump them on the other side of the Rio Grande.
Your time here on Free Republic is wasted. You should be working at the White House as an adviser to the President.
Yabut... The Supreme Court just recently reaffirmed the President's authority to suspend immigration from anywhere, at any time, if he deems such immigration to be detrimental to the national interest.
If the President issues an executive order temporarily suspending the granting of asylum to border invaders, it's over for the left. His authority is now bullet proof.
"SCOTUS 17-965 Trump v. Hawaii June 26, 2018 8USC 1182(f) and 1185(a) By its terms, §1182(f) exudes deference to the President in every clause. It 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 INA."
It's the same mistake people make today when they speak of AI and robots - and a kind of 'the biggest problem will be how do we split up the wealth AND the free time'... Once again capitalism will solve the problem... we NOT at the end - we're at a new beginning.
It's the same mistake people make today when they speak of AI and robots - and a kind of 'the biggest problem will be how do we split up the wealth AND the free time'... Once again capitalism will solve the problem... we're NOT at the end - we're at a new beginning.
You are insulting cattle...Cattle are smarter...
I hear you but I don’t think that will stand. If the executive order that is given is allowed for in law then he can’t just make laws. That’s crap Obama did.
Maybe you haven't quite grokked the meaning in the text of the law.
According to the applicable statute, the President is solely vested with the authority to suspend immigration from anywhere, or everywhere, if and when he deems such immigration to be detrimental to the national interest.
That's not making law "like Obama did."
But once they step on US soil then the other laws kick in. They become US persons. So the challenge is keeping them out before they get here.
SCOTUS 17-965 Trump v. Hawaii June 26, 2018
“8USC 1182(f) and 1185(a) By its terms, §1182(f) exudes deference to the President in every clause. It 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 INA.”
I believe the above text comes from the recent Supreme Court decision of the same date. It was posted upthread by another Freeper.
I believe the term, "US persons", specifically (and only) refers to legal US citizens, not aliens, of any legal status.
Merely setting foot on US soil does not automatically confer citizenship, or legal status. IF an alien steps onto US soil and requests asylum, then they are normally processed and given a citation to appear in court for an immigration hearing at a future date, then released on their own recognizance.
Only three percent of such aliens ever show up for their hearing. Ninety seven percent ignore the citation and melt away into the illegal alien population.
I never said it confers citizenship. But it does give them the right to seek asylum. And the coyotes teach them what they need to say to get a court hearing.
Like, “I’m seeking asylum from my gov’t who is abusing my basic human rights”
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