Border security: What should be done
Between now and February 15, 2019, let us hope Congress will take some steps to improve our border security and maybe reform some of the crazy-quilt patchwork of our immigration statutes. For example:
1. Physical barriers. Fund an in-depth system of pedestrian barriers that preclude illegal crossings by drug runners and migrants or, failing that, make it easier for our out-numbered border security officers to apprehend and detain those who violate our borders.
Drug runners and illegal aliens often share the same crossing points. The authority for additional barriers at those strategic locations already exists. See: 10 US Code 284. Support for counterdrug activities and activities to counter transnational organized crime sub-paragraph (7) which authorizes the "Construction of roads and fences and installations of lighting to block drug smuggling corridors across International boundaries of the United States."
2. Visa over stays. People, who enter the U.S. on a visitorís visa and then disappear into the illegal underworld, should be arrested, fined, and deported with prejudice, meaning they can never return to the United States.
3. The 14th Amendment and birth-right citizenship. The Supreme Court could rule that "under the jurisdiction of" means that people who enter the U.S. illegally are still "under the jurisdiction of" their home country and not "under the jurisdiction of" the United States. For example, a Russian woman gives birth to a child while visiting in the USA. It could be argued that she is still "under the jurisdiction of" Vladimir Putin. Thus, the child is Russian, not American.
In Elk versus Wilkins (1884) the Court ruled that Native Americans were under the jurisdiction of their sovereign-nation tribes. Although later overturned with regard to Native Americans, that same reasoning could be applied to women who are citizens of other nations while giving birth in this country.
4. Reduce chain migration. Allow legal immigrants to bring their parents from the "old country." But no others. Period.
5. Rescind the caravan-causing asylum statutes that encourage citizens of the Central American nations to cross our borders illegally. When it comes to asylum, all countries should be treated equally.
6. Close the Asylum Loophole. Those claiming asylum from persecution in their country of origin should be required to meet a "preponderance of the evidence" standard, rather than being granted asylum based on regurgitating "key phrases" whispered to them by asylum lawyers...
7. The Flores Settlement has to do with what happens to the innocent children of apprehended illegal-immigrant parents. The solution is to prevent illegal immigrants with minor children from entering the USA and to never allow unaccompanied minor children to cross into the USA. Effective physical barriers will help prevent such heart-wrenching problems.
8. Presidential executive orders. The Supreme Court could revisit Marbury vs. Madison (1803) and rule that the Supreme Court has "original jurisdiction" over presidential executive orders. That would stop judges in the lower federal courts from playing partisan politics by enjoining presidents from exercising powers granted to them by Article II of the U.S. Constitution. Instead of waiting months and even years to resolve the constitutionality of presidential executive orders, the Supreme Court could resolve constitutionality issues right away.
February 15th may well be a fateful day. Stay tuned.
©2019. William Hamilton.
Nationally syndicated columnist, William Hamilton, is a laureate of the Oklahoma Military Hall of Fame, the Oklahoma Journalism Hall of Fame, the Nebraska Aviation Hall of Fame, the Colorado Aviation Hall of Fame, and the Oklahoma University Army ROTC Wall of Fame. Dr. Hamilton is the author of The Wit and Wisdom of William Hamilton: the Sage of Sheepdog Hill, Pegasus Imprimis Press (2017). "Central View," can also be seen at: www.central-view.com.