Sure, you could go that route, and Presidential candidates all the time make promises that are based on getting Congress to act. But you are misstating the proposal: it is not a proposal to tax remittances; it’s a proposal to crack down on illegal remittances unless Mexico pays for the wall. As has been pointed out throughout this thread, the government has all kinds of tools to get at problemmatic transfers of funds. There’s nothing per se illegal about a terrorist sympathizer sending money to a terrorist in the Middle East either, but that’s obviously something we want to stop, and so there are tools to do so. If it’s possible to stop that, then why not this?
I read his full memo and you're right -- the tax idea is out, which is good because it was not defensible. As has been pointed out throughout this thread, the government has all kinds of tools to get at problemmatic transfers of funds. There’s nothing per se illegal about a terrorist sympathizer sending money to a terrorist in the Middle East either, but that’s obviously something we want to stop, and so there are tools to do so. If it’s possible to stop that, then why not this?
Because those are all based on individual findings against specific financial institutions, specific tranferors, or specific recipients, who are individually found to be committing some illegal act. That's not the case here.
And the problem with just focusing on "illegals" transferring funds which is what he seems to address in that memo) is what I said above. They'll just use the same bogus documents (that appear legitimate) that they use to get work, or they'll have someone who is here legally do it for them.
The legal solutions (focusing only on transfers by illegals) are not practical, and the practical solution (barring all transfers by anyone) are not legal.
And even to do that, you'd had to revise the CFR, which means the whole notice and comment period, etc., with the final rule expanding it to western union and monetary transfers being challenged in the court....
It's a huge freaking headache to fight a battle we'd almost certainly lose(and do we really want to lose to Mexico in the first year of a new Presidency?). I know it may sound empowering to some, but it's a dumb pledge. Just build the damn wall and pay for it ourselves. A lot faster, a lot less headache, and no giving the Mexicans their big chance to show they will stand up to the gringos.