Trump’s win at the Supreme Court expanded (or protected) a President’s power to control immigration. CNN, no friend of Trump’s noted:
What the court ruling on the travel ban reinforces is that the President of the United States has very wide latitude. What he says, largely speaking, goes. “The Supreme Court has reaffirmed the President’s sweeping statutory authority when it comes to deciding who may and who may not travel to the United States, authority that both President Trump and future presidents will surely rely upon to justify more aggressive immigration restrictions,” University of Texas law school professor and CNN Supreme Court analyst Stephen Vladeck said.
He could expedite “due process.” Some wrong believe “due process” requires a judge and jury decide whether to grant refugee status etc. That is wrong, all that is required for “due process” is an administrative judge who could rule on every application, within hours.
Trump is a fixer, he can by EO fix Catch and Release. Not add judges as Cruz wanted, perpetuating an inefficient process. Administrative judges who can decide on the spot to approve or deny asylum, in minutes.
He could clear up the entire backlog of cases, make the 20 day restriction on holding children irrelevant.
The border patrol could have these judges set up all along the border, so cases are decided the same day they are caught crossing the border, and sent back on the same day.
And it would be constitutional.
Of course it would be tied up in the courts. But Trump’s recent win, he’ll win that also.
What he needs to do is to get congress to change the law relative to asylum.
Simply make it unlawful for anyone who has entered the country to even apply for asylum in the future and to pass an expedited way to remove those who’s claims fail.
While there at it change the law so that all unaccompanied minors caught entering the country illegally will be expedited for removal as well
That would solve the border surge problems and allow the over half million cases pending to be adjudicated.
If we don’t cut off the bait that attracts them we are never going to have the resources necessary to deal with them.
No, doesn’t need to. They won’t do it anyway, swamp creatures are paid not to fix it. So it won’t be, not with the current den of thieves.
He can craft an EO that almost does what you suggest. The Supreme court ruled everyone whose foot is in the USA must be given “due process” for claims. What isn’t known to many, that could be an “Administrative Judge” who decides if their case should go forward, or be denied. They could reapply in their home countries to appeal.
That would solve the border problem almost immediately. Waiting for Kstreet to write a new law Congress will pass, which won’t do what you suggest, is a waste of everyone’s time.
Judge Napolitano on Fox & Friends yesterday discussed due process, and said a Federal Judge hearing on an application is all that is required to fulfill “due process”.
I might have misunderstood his words, but Trump’s tweet the other day suggests he is already considering an EO to fix catch and release. The OP is likely ahead of the news cycle.
No, an EO can’t solve the problem. We’d need at least 5,000-10,000 new Immigration courts, judges, and support staff to even begin hearing all of the cases if we don’t shut down the surge.
Currently there’s a backlog of over 600,000 cases waiting to be heard.
Unless we physically secure the border and do away with the bait this problem is going to become all consuming.
It’s made even worse with pro illegal alien groups working to coach people on how to make fraudulent asylum claims before they even get to the US which does nothing but gum up the works even further.
If a claim cannot be shown to be fraudulent during the initial screening process due process demands that they be given an opportunity to seek counsel and prepare a proper case for subsequent hearings which of course further complicates the process and drives up the cost to the taxpayers astronomically since we are obligated to provide lawyers for them.
You are ignoring my premise. We both agree more judges are needed to do as you say, but disagree how to get them. Judge Napolitano said (unless I misunderstood) Administrative Judges Trump could be hired under an EO, and that’s all the “due process” needed to fulfill the requirements laid down by Supreme Court rulings.
That means Trump could field those judges in days. And they could expedite the process so its adjudicated immediately, with ICE still there ready to escort those who lose their case, to the border and deport them.
Trump can’t hire them himself because he can’t appropriate the money to pay them without an act of congress.
More importantly each of those judges is going to need a support staff, a courtroom and processing facilities all of which is going to cost a great deal of money.
You’re talking in excess of a couple of million dollars to set up a new court even using temporary facilities. You’re talking well in excess of 2Bn Dollars to even get off to a good start.
More importantly just where are you going to dig up all of these judges? They don’t grow on trees.
Trump has been very respectful of Congress. But he can find the money on various authorities, including DHS. Its a matter of national security, the colonization of the US being spearheaded by unattended children is being orchestrated by the Cartels and abetted by the LEFT in this country.
Trump cannot swipe money that has already been appropriated for other programs and agencies, to do so is illegal.
I realize you think Trump is second only to Christ himself but the constitution and federal law limit the powers of the presidency, he cannot rule by edict or make law with the swipe of a pen.
Lawyers, not judges, and you’re going to have to carefully vet each one to be sure you’re not hiring a leftwing activist that will rubber stamp them all.
I agree Trump has to filter out liberal lawyers. But a judge is simply a lawyer with a robe, is he not. Robes could be had relatively cheaply, especially if bought in lots.
