As the national emergency fight rages on in Congress, the unfortunate reality is that people continue to enter the United States illegally. One of the primary avenues by which this is happening is through Mexico.
“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.”
Notably, the law permits the president to take such action when he believes the entry of any aliens would be “detrimental to the interests of the United States.” This standard is very general and broad.
“Customs and Border Protection Commissioner Kevin McAleenan warned that the situation on the border was at a ‘breaking point’ and said that ‘apprehensions are on pace to surpass 100,000 this month.’
“‘CBP is facing an unprecedented humanitarian and border security crisis all along our southwest border, and nowhere has that crisis manifested more acutely than here in El Paso,’ McAleenan said.
“He said many of the illegal immigrants trying to cross the border arrive with serious injuries or are suffering from diseases like chickenpox and the flu, overwhelming agents and detention centers.”
This description appears to fit squarely within the “detrimental to the interests of the United States” standard. Therefore, Trump should be well within his right to utilize Section 212(f) if he decides to do so.
Together, these two provisions allow the president to close the border or set specific conditions on how people may apply for entry.
To date, congressional Democrats and some congressional Republicans continue to object to the president’s emergency declaration stemming from the border crisis. Various lawsuits have been filed relative to the emergency, and the Supreme Court will likely be called upon to end the debate.
Given the current conditions at the U.S.–Mexico border, Trump should utilize his authorized power and close the border as soon as possible. The United States is a melting pot of diverse cultures and nationalities, and welcomes people from other countries with open arms. However, as the president has stated from the start, immigrants who want to enter the country must do so legally. This condition is not negotiable.
In light of Mexico’s alleged failure to support or enforce the president’s immigration policies, the current risks at the border, and the unwillingness of some in Congress to build the wall via emergency declaration, Trump should seriously consider utilizing one or both of these sections to close the border and, ultimately, to protect the country.
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