border

Southern Border Emergency Loophole

For want of a word. The 280 page bill boils down to Homeland Security shutting the border down when it wants. A “mandatory trigger” will never be pulled. The media has screamed catastrophe if this goes through but it’s the reverse of what we’re being told. It raises appropriate numbers and adds a number of exemptions to make it actually more difficult for the President to shut it down.

Never close the border

The legal loophole is on page 119. “Whenever the border emergency authority is activated, the Secretary shall have the authority, in the Secretary’s sole and unreviewable discretion, to summarily remove from and prohibit, in whole or in part, entry into the United States of any alien identified in subsection (a)(3) who is subject to such authority in accordance with this subsection.”

Donald Trump Jr. saw right through it and tweeted out, “This RINO-Dem immigration deal is really a mass amnesty that essentially locks in 2 million illegals per year.” Pro-migration advocates love it. That “mandatory trigger” will never be reached.

The border trigger

Biden said on January 26 that, “It would give me, as President, a new emergency authority to shut down the border when it becomes overwhelmed. And if given that authority, I would use it the day I sign the bill into law.”

But looking at the legislation’s details there are discounts for a lot of migrants, it expires in three years and even provides for fast tracking paths to citizenship. The goal is for them to be in voting booths for 2030.

The border emergency

The legislation declares on page 122 that:

‘‘(A) DISCRETIONARY ACTIVATION.—The Secretary may activate the border emergency authority if, during a period of 7 consecutive calendar days, there is an average of 4,000 or more aliens who are encountered each day.

(B) MANDATORY [emphasis added] ACTIVATION.—The Secretary shall activate the border emergency authority if—

‘(i) during a period of 7 consecutive calendar days, there is an average of 5,000 or more aliens who are encountered each day; or

‘(ii) on any 1 calendar day, a combined total of 8,500 or more aliens are encountered.”

But on page 117 is the catch-all:

“(C) An unaccompanied alien child.

(D) An alien who an immigration officer determines, with the approval of a supervisory immigration officer, should be excepted from the border emergency authority based on the totality of the circumstances …

(F) An alien who has a valid visa or other lawful permission to enter the United States, including— … (iv) an alien who presents at a port of entry pursuant to a process approved by the Secretary to allow for safe and orderly entry into the United States.”

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