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IMMIGRATION

National Emergencies and the Long-Lost Legislative Veto By Andrew C. McCarthy

https://www.nationalreview.com/2019/01/trump-national-emergency-declaration-constitutional-twilight-zone/

The prospect of Trump declaring a national emergency to fund construction of a border fence puts us in a constitutional twilight zone.

When the subject of the president’s potential declaration of a national emergency arose during our recording of The McCarthy Report on Wednesday, Rich Lowry rightly chuckled in mock amazement when I observed that there was a difference between what should happen and what will happen. He’s right — isn’t there always?

We were discussing the position ardently held by several smart commentators, not least our friend David French, that such a declaration would be illegal: the manufacture of an emergency in order to justify — or, if you prefer, as a pretext for — repurposing Defense Department funds for the construction of physical barriers (are we still calling it “the wall”?) along the southern border.

National Emergencies and Congress

As I hope I made clear in my post on Tuesday about executive legislating through the hocus-pocus of national emergency declarations, I am with David, Charlie Cooke, Jonah Goldberg, and the rest of my fellow editors on the “ought” question. In our constitutional system, Congress is supposed to do the legislating, which includes determining the conditions — emergency or otherwise — that call for legislation. Unfortunately, that fundamental “ought” question is not the one on the table today.

The presumption in our law, whether we agree with it or not, is that this power to declare emergencies and, in effect, legislate measures to deal with them has been delegated to the president by Congress in numerous statutes. With the rise of progressivism and the consequent expansion of executive power in the 20th century, this wayward practice became such a staple of federal law that Congress eventually enacted a regulatory scheme for it: the 1976 National Emergencies Act (codified in Chapter 34 of Title 50, U.S. Code). While the NEA was actually an attempt to rein in executive lawmaking, it explicitly endorsed it. As Rich and I discussed in the podcast, regardless of whether this is right, it is routine.

If I had my druthers, the whole concept would be revisited. Alas, that is a more fundamental question for another day. For now, Section 1621 authorizes the president to declare national emergencies and invoke any powers Congress has delegated by statute for such emergencies.

CNN’s Acosta Confirms Walled Part of the Border Is Crisis-Free

https://freebeacon.com/uncategorized/cnns-acosta-confirms-walled-part-of-the-border-is-crisis-free/

CNN reporter Jim Acosta confirmed no crisis existed along a walled portion of the U.S.-Mexico border during a visit Thursday.

In a video shared to Twitter, Acosta pointed to “some of the steel slats that the president’s been talking about.” Walking along the border in McAllen, Texas, Acosta noted that the president has warned of a national emergency at the unwalled portion of the southern border. Acosta observed that this emergency did not exist along the portion of the border that had already been secured with steel slats.

“As we’re walking along here we’re not saying any kind of imminent danger,” he remarked, patting the border barrier with his hand as he filmed himself. “There are no migrants trying to rush towards this fence.”

President Donald Trump campaigned on a promise to “build the wall” and secure the border. Though the rate has decreased in recent years, hundreds of thousands of foreign nationals cross the southern border into the United States every year.

Democrats have refused to provide funding for the president’s border wall, though many have voted for it as part of larger immigration bills in the past. Speaker of the House Nancy Pelosi (D., Calif.) jokingly offered the president one dollar for the wall and called it immoral. Senate Minority Leader Chuck Schumer (D., N.Y.), have refused to accommodate Trump’s wish to build a border wall.

“He is not going to get the wall in any form,” Schumer said last month. Some Democrats, like Congressman Hakeem Jeffries (D., N.Y.), have agreed that “enhanced fencing” would in fact help secure the border. The estimated cost is between $2-5.7 billion dollars.

In an address to the nation from the oval office Tuesday, Trump stopped short of declaring a federal emergency to secure unilateral authority to fund the wall. Now in its twentieth day, the government shutdown is approaching the longest of its kind in American history.

A New National Security Strategy for America Immigration is America’s top national security threat. Daniel Greenfield

https://www.frontpagemag.com/fpm/272520/new-national-security-strategy-america-daniel-greenfield

Daniel Greenfield, a Shillman Journalism Fellow at the Freedom Center, is an investigative journalist and writer focusing on the radical Left and Islamic terrorism.

After the Cold War, what is the biggest threat to America? The debate between Obama and Romney famously bogged down over the question of whether Russia was our biggest geopolitical foe. While Obama slammed Romney’s answer as a Cold War relic, after losing the next election, his party defines its foreign policy and domestic opposition around the fear that Russia is now more of a threat than ever.

Answers by other politicians have ranged from the structural, the national debt and internal divisions, to the inanimate and absurd; Bernie Sanders’ claim that global warming is our top national security threat. But assessments that name conditions rather than threat vectors are unhelpful because even when they are right, they tell us to address a weakness or failure, rather than meeting an external threat.

Being able to name and define external threats is vital for reaching informed national security decisions.

The debates over border security, Syria, Afghanistan, and Russian informational warfare have been taking place in a chaotic environment of rapid fire talking points backed by ideological agendas, but with no framework for understanding the larger threat environment and how to achieve national security.

Our national security framework dates back to the Cold War. The doctrines we employed during the Cold War quickly became dated even while the Soviet Union was around. They’re so old now that the vast majority of Americans weren’t even born when they were hatched. And yet in the generation since the Cold War ended, we haven’t found anything new to replace them with. And that is the problem.

The Clinton administration ignored national security and put the military at the disposal of the UN on exercises in nation building that helped revive Russia as a serious threat while ignoring the threat of Al Qaeda. The Bush administration rolled out nation building as a response to Islamic terrorism. This was a misguided approach that failed to understand the nature of the threat and how to address it.

The Silly Arguments Against a Border Wall They’ll go around it? Exactly—that’s the point. By Dan Crenshaw

https://www.wsj.com/articles/the-silly-arguments-against-a-border-wall-11547165119

Mr. Crenshaw, a Republican, represents Texas’ Second Congressional District.

This week saw the culmination of the great wall debate. President Trump made his case—one I generally agree with—and explained what an extra $5.7 billion (approximately 0.1% of the budget) would do for the security of our southern border. Democratic leaders Chuck Schumer and Nancy Pelosi immediately dismissed it. It is honestly surprising how quickly and thoroughly Democrats adopted the notion that a wall of any kind is such an obviously stupid and immoral idea. Well, is it? Let’s lay out the claims one by one:

• They’ll just climb over it, dig under it or break through it. Just like that huh? I spent 10 years as a Navy SEAL, and people often say, “Dan, you know better than anyone how ineffective a wall is.” Actually, I know how effective walls are, even against skilled SEALs. Planning to scale a 30-foot steel slatted barrier is a daunting challenge. Do you bring an enormous ladder all the way there? How do you get down from the top? Jump? Rappel? This isn’t a Tough Mudder course. A few skilled and well-equipped people may figure it out, but the reality is that most will be deterred

The same goes for “digging” or “breaking.” Tunneling would require special equipment and hundreds of hours to dig under the barrier, the base of which would penetrate many feet underground. To break through it, you’d need specialized circular saws, torches or explosives. Typical equipment for a special-ops team, but not exactly on the packing list for a migrant. And Border Patrol agents would easily detect such a ruckus.

• They’ll just go around it. Exactly—that’s the point. A deterrent at the busiest sections of the border would allow more effective allocation of manpower. If a mile of the border is walled off, that’s one less mile the Border Patrol needs to worry about. Agents can still respond to the location if a special-ops caravan shows up with a blowtorch, but otherwise they can focus on open areas where it is simply not viable to build a barrier. CONTINUE AT SITE

Yes, We’ve Nabbed Terrorists on the Southern Border By Deroy Murdock

https://www.nationalreview.com/2019/01/yes-weve-nabbed-terrorists-on-the-southern-border/Here are some examples.

The Trump-hating media have pounded White House press secretary Sarah Huckabee Sanders for her “unfortunate misstatement” (as presidential adviser Kellyanne Conway put it) on Fox News Sunday that some 3,700 “known or suspected terrorists” were caught at the U.S.–Mexico border. In fact, these “special-interest aliens” include terrorists, people who have lived or traveled through terrorist hotbeds, and others whose whereabouts trigger closer scrutiny when entering the U.S. This number includes people apprehended on the border, but mainly at airports and other locations.

Trump’s detractors have used this dustup to imply that if there are not 3,700 ISIS killers in Tijuana pole-vaulting into San Ysidro, then terrorists must be as rare there as polar bears. This echoes the words of former U.S. representative Robert Francis O’Rourke (D., Texas). He claimed last year that “precisely zero terrorists, terrorist groups, or terror plots have ever been connected with the U.S.–Mexico border to do harm to people within the United States.”

PolitiFact — not exactly a far-right news organization — rejected O’Rourke’s statement: “We rate this claim False.”

In fact, terrorists have been caught on the southern frontier, including some who were conspiring to rustle their comrades across the border and others intent on committing mayhem against Americans. As PolitiFact explained: “It also looks to us like authorities have foiled every known plan.”

Janet Napolitano, Obama’s homeland-security secretary, testified on Capitol Hill in July 2012 that terrorists enter America via the southern frontier “from time to time.” So, we have that going for us.

Obama himself identified this problem while he was a Democratic senator from Illinois. As he said on the Senate floor on April 3, 2006, “because we live in an age where terrorists are challenging our borders, we simply cannot allow people to pour into the United States undetected, undocumented, and unchecked.”

The Ironies of Illegal Immigration By Victor Davis Hanson

https://amgreatness.com/2019/01/09/the-ironies-of-illegal

Estimates suggest that there are 11 million to 13 million Mexican citizens currently living in the United States illegally. Millions more emigrated previously and are now U.S. citizens.

A recent poll revealed that one-third of Mexicans (34 percent) would like to emigrate to the United States. With Mexico having a population of about 130 million, that amounts to some 44 million would-be immigrants.

Such massive potential emigration into the United States makes no sense.

First, Mexico is a naturally rich country. It ranks 19th in the world in proven oil reserves and is currently the 12th-largest oil producer. Mexico certainly has significantly more natural advantages than do far wealthier per capita Singapore, Taiwan or Chile.

Mexico also is one of the world’s most popular tourist destinations and earns billions in foreign exchange from visitors. It enjoys a temperate climate, is rich in minerals, and has millions of acres of fertile farmland and a long coastline.

In addition to being strategically located as a bridge between North America and South America, Mexico has ports on both the Atlantic and Pacific oceans.

It is not an overcrowded country: Mexico ranks in the lower half of the world in population density. Too many people and too little land are certainly not the reasons why millions of Mexicans either emigrate or wish to emigrate to the United States.

Second, popular progressive narratives in both Mexico and the United States cite America for all sorts of pathologies, past and present. The United States is often damned for prior colonialism and imperialism, as well as current racism and xenophobia.

Why, then, would millions of people south of the border leave their own homeland and potentially risk their lives to encounter a strange culture and language, to live in such a purportedly inhospitable place, and to adapt to an antithetical system based on supposedly toxic European and Protestant traditions?

New California Governor Doubles Down on Sanctuary State Status Gavin Newsom rolls out the red carpet for illegal aliens. Matthew Vadum

https://www.frontpagemag.com/fpm/272505/new-california-governor-doubles-down-sanctuary-matthew-vadum

Newly inaugurated Gov. Gavin Newsom has pledged to make his home state of California “a sanctuary to all who seek it” in direct defiance of President Trump’s drive to secure the nation’s border with Mexico and enforce U.S. immigration laws.

California’s grossly unconstitutional obstruction of federal immigration laws is about to get ramped up, Newsom’s speech suggests. The state already has unprecedented sanctuary laws on its books that shield its 2.4 million illegal aliens from U.S. Customs and Immigration Enforcement (ICE). Federal prosecutors are considering filing criminal charges against elected officials harboring illegal aliens in sanctuary jurisdictions, Homeland Security Secretary Kirstjen Nielsen told the Senate Judiciary Committee a year ago.

The Trump administration is suing California over its “sanctuary state” laws that punish compliance with federal immigration laws and provide legal cover for corrupt officials to continue brazenly flouting immigration laws and interfering with federal agents trying to enforce them.

The federal lawsuit targets three statutes curbing the power of California’s state and local law enforcement to hold, question, and transfer detainees at the request of immigration authorities, and punish employers for cooperating with those authorities. The laws also impose draconian restrictions on communication between local police and federal immigration enforcement, including information regarding when criminal aliens are scheduled to be released from local jails.

The Democrats’ Seismic Shift on Immigration Erasing boundaries, embracing chaos.Jules Gomes

https://www.frontpagemag.com/fpm/272466/democrats-seismic-shift-immigration-jules-gomes

The Apostle James might not have thought much of Chuck Schumer or Nancy Pelosi or Dianne Feinstein or Bill Clinton or even Barack “He-Who-Can-Do-No-Wrong” Obama. They are just some of the political prodigies who change their policies as often as Lady Gaga changes her clothes—about five times a day.

James has a juicy jibe for such political pendulums. He calls them “double-minded,” warning his readers that “a double-minded man is unstable in all his ways.” If you are going to swing from policy to policy like Tarzan the Ape Man, at least clarify and justify your political flip-flopping.

A little over a decade ago, the Democrats were singing in four-part harmony to President Trump’s “we need another brick in the wall” anthem. “We simply cannot allow people to pour into the United States undetected, undocumented, unchecked, and circumventing the line of people who are waiting patiently, diligently and lawfully to become immigrants into this country,” belted out Barack Obama.

Cue prima donna Pelosi, 2008: “Do we have a commitment to secure the border? Yes.” Why? “Because we do need to address the issue of immigration and the challenge we have of undocumented people in our country. We certainly do not want any more coming in.” Solo from Chuck Schumer, Georgetown, 2009: “Illegal immigration is wrong. A primary goal of comprehensive immigration reform must be to dramatically curtail future illegal immigration.”

In 2013, each of the 54 Democrats in the Senate voted for $46 billion in border security, which included 700 miles in border fencing. Blaring through their Marxist megaphones they pleaded the plight of low-skilled American workers whose wages were hit by cheap immigrant labor. The burden on America’s welfare state would be intolerable, they wailed.

So what are the sirens luring the Democrats to the perilous shores of open borders? Why now? Why so radically? Why display this double-mindedness in such a short span of time?

Commentators from conservative Dan Bongino to leftwing The Atlantic posit two political explanations. First, more illegals means more votes for the Democrats. Second, given the contagion of the Trump Derangement Syndrome, “Democrats hate the wall because Trump loves it” as the National Review puts it bluntly.

How No Border Wall Caused a Homeless Crisis 2,500 Miles Away in Maine Building a wall won’t just protect states that share a border with Mexico, but even states that share a border with Canada. Daniel Greenfield

https://www.frontpagemag.com/fpm/272446/how-no-border-wall-caused-homeless-crisis-2500-daniel-greenfield

When Americans think about border security, they usually imagine the floods of migrants crossing the border and showing up in Texas and Arizona. The illegal migrant crisis is at its worst in places like El Paso where gang members released by a broken immigration system swarm the streets. Limited border fencing had previously helped sharply cut crime rates in El Paso, but it doesn’t end in El Paso.

2,500 miles away, Portland, Maine is experiencing a crisis that redefines the nature of the problem and whom it impacts. Illegal border invaders aren’t just from this continent. Anyone who can fly into South America and make their way up to Mexico has a shot at crossing the border and invading America.

Portland shelters, 2,500 miles away, are overloaded by illegal migrants from sub-Saharan Africa who crossed the border and then kept right on going to one of the coldest, but most profitable parts of the country. Portland, like many areas in Maine, attracted migrants because of the generous social safety net that had been set up to help the local population deal with turbulent economic times.

Hundreds of African migrants who illegally crossed the border are now crowding Portland’s homeless shelters which are meant to protect local residents from the cold, but have instead been overrun by foreign migrants who have taken over the system and pushed the progressive city to the edge.

Portland, Maine, a city where the temperature this April had hit a balmy 28 degrees, is not a natural homeless hotspot. But refugee resettlement had diverted resources away from helping Maine’s poor, putting more people on the street, and the migrants began crowding into homeless shelters. Not only were Maine’s poor having trouble finding housing, but they were even being pushed out of homeless shelters by aggressive foreign migrants coming out of Africa through Mexico and Texas to Maine.

Those who think Trump will cave on the wall are wrong A country without borders is not a country Roger Kimball

https://spectator.us/oval-office-address-protecting/

In his late essay ‘Perpetual Peace,’ Immanuel Kant lauded the ideal of ‘universal hospitality.’

In his first Oval Office speech Tuesday night, President Donald Trump took issue with Kant (though not by name), noting that the porous Southern border of the United States represented a serious humanitarian and security crisis.

Everyone who can spell ‘Google’ knows that the Democrats, until November 7, 2016, supported robust border security and, indeed, a physical barrier — otherwise known as a wall — to retard the flow of illegal immigrants into this country. The election of Donald Trump was not something they had bargained for, so they promptly put politics before people and were happy to ‘shut down the government’ (actually, it never shuts down, and more’s the pity) in a partisan mud-slinging match with Donald Trump.

Those who believe the President will blink and cave are, I’ll wager, wrong. The pain — whatever it really is — from the shutdown is something he is happy to countenance for as long as it takes.