I dunno, I think maybe I would declare an emergency and close the DAMNED border. Not wait a year. And under the auspices of the emergency I would forcibly deport them back to Mexico without hearing.
The court has no say in an emergency declaration...only Congress can over-ride that.
And he should move damned fast.
1. “declare an emergency” - done.
2. “close the DAMNED border” - would not stop the illegals, who are coming in between the Ports of Entry, but would cause a major economic disruption - enough to threaten reelection.
3. “forcibly deport them back to Mexico without hearing.” - Do you think that no one has thought of that, and had lawyers analyze it? Of course they have, and they have determined that legislation is needed (which will still only be partial). Cracking the code on doing that has been the Holy Grail for basically the whole Trump Administration.
“The court has no say in an emergency declaration” - but they can rule on what actions are taken to address the emergency. Killing every man, woman and child, would be enjoined immediately (and result in prosecutions/impeachments) for instance. Or violating the obligations of a binding International treaty on amnesty, for another example. Even just having them Wait in Mexico for their hearing was enjoined (despite the declared Emergency). Ninth Circuit reviews that on the 24th.
If there is something that can realistically be done, they have probably been roasting people’s nuts over the fire to get it done, given how the President is driving his staff, and firing people who don’t get it done.
If there is something else that realistically would be a possibility, I believe that they would glad to hear it.