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.
Trump can walk and chew gum at the same time. Keep in mind, all of these mechanics that you’re talking about are only relevant to the extent that Trump has to make good on a threat. He can immediately start building the wall with available funds (it was actually authorized via Congressional statute several years ago), and then really he’d have at a minimum nearly four years (Novemember 2020) to get Mexico to start contributing to it.
Upon entering office in January 2017, he’ll immediately have three million people reporting to him. Via his executive authority, he can divert a few hundred of those to each of two tasks: (1) building the wall; and (2) identifying mechanisms to stop illegal aliens from remitting funds to Mexico. He can also call on his allies in Congress led by Jeff Sessions to start drafting legislation to that effect as well. Then simply place a call down south specifying that they can either agree to pay for the wall or face hundreds of federal employees doing everything they can to stop a flow of billions of dollars in hard cash flowing into their country. I think their choice would be obvious at that point.