Jonathan Emord: States Must Sue Biden Invoke The Guarantee Clause To Secure The Border

On January 5, President Biden An unprecedented revision of immigration law was announced that will greatly increase the number immigrants entering the country. United StatesThey are granted temporary legal status, but they are not guaranteed compliance with existing immigration laws.  Under Biden’s executive action, some 30,000 migrants per month from Cuba, Haiti, Nicaragua, Venezuela You will be able to enter the United States Work permits can be obtained through a new application process in their country.  Congress This change has not been authorized by law.  To States who are affected by this illegal presidential assumption of congressional power need to sue in order to stop the violation. Constitution’s separation of powers doctrine, but they also need to take an additional, novel step.  They Should invoke the Guarantee Clause You can find the Constitution Demand that the federal government honors its promise to quell violence and insurrection in the US by enforcing existing immigration laws to secure the border.

Biden Proceeds by executive order without congressional authorization in an all to familiar pattern of authoritarian government in gross violation of The Constitution’s separation of powers doctrine.  See The White House press release.  Presumably The 30,000 monthly immigrants granted authorization to enter will fly directly to the United States They will return to their home countries without having to pay extortion or cartel payments and avoid border crossings.  That This will also mask the five-fold increase in immigration to the country. United States.

No We have the infrastructure to arrest and prosecute people who have overstayed their two-year work permits. This allows us to predict how many, if not all, will overstay and makes it easier for us to make new regulations. Biden Program is a de facto form amnesty that allows those illegally overstaying to stay indefinitely.  Consequently, Biden’s new gross expansion of work permits is a devious shell game.  

The New migrants who want to take advantage of this unprecedented expansion in the work permit program must have a financial supporter. United States While applicants must pass a background check, it is highly unlikely that they will be subject to critical scrutiny and verification due to the high volume of permit applications (30,000 per month). This is especially true given the lack of congressional appropriations to provide the staffing needed.  It It is likely that this administration will bring the interior of the country into being. United States There are tens to thousands of immigrants each month, and many of these migrants don’t have the right background vetting.  Why Should we be suspicious of an administration that allows over 8,000 illegal immigrants into the country each day without any vetting? Among Terrorists will enter by any means, and individuals who do not have any loyalty to the government. United States, and other criminals.

President Biden’s fundamental modification of U.S. immigration law, authorizing a new method of mass migration and new procedures to enable that migration, invites legal challenge because it so plainly violates the separation of powers doctrine.  The States that are adversely affected should immediately sue the federal government to obtain declaratory and injunctive relief.  But More pressure must be applied.  Because This program will likely see an increase in illegal asylum entry numbers to the tune of 270,000 to 340,000 monthly. Some states will witness entire cities and communities being overrun, welfare demands exceeding resources, social services taxed beyond their functional limits, hospitals overrun, police, and ambulance services unable or unwilling to meet demand, and property crime and violent crime skyrocketing to new heights.  

In In short, lawlessness or anarchy will become more commonplace throughout the nation.  That This means that republican forms of government in the US, which are based on fulfilling their primary duty of protecting the lives, liberty, and property of their citizens, will fall prey to lawlessness.  Over In the last two years, there have been illegal entry into the United States have devastated the border states, causing citizens’ rights to life, liberty and property to be deprived without adequate legal redress, thus sacrificing the rule of law in states like California, Arizona, Texas It cannot cope with the influx aliens.  That Due to the increasing presence of terrorists in the interior, anarchism will become more common in border states. Biden Administration’s new mass immigration policy.

President Biden’s abdication of his constitutional duty to ensure that the immigration laws are faithfully executed and to safeguard our borders threatens the legal status and security of states, cities, and localities, and not just in border areas.  In In addition to challenging the constitutionality, it is high-time that the states invoked the separation of powers doctrine. Article IV, Section 4 Constitutiondirecting the federal government to fulfill its obligation to stop violence and insurrection in the United States as required by the Guarantee Clause.  

The Founding Fathers The following was adopted Guarantee Clause To allow state legislatures to force federal action to stop domestic violence and insurrection.  InsurrectionThe unrelenting deluge of illegals has left a trail of destruction in the form criminal trespass and looting private property.  Whole The destruction of businesses and the overcrowding of towns has led to the displacement of citizens.  Under Article IV, Section 4. The government United States Is obliged to “guarantee” Each state has its own unique characteristics. “Republican Form of Government” To protect each state from “Invasion” “domestic Violence.”  That This section is: “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or the Executive (when the Legislature cannot be convened) against domestic Violence.”

The President’s refusal to defend America’s borders and enforce existing immigration laws has resulted in insurrection and domestic violence, not only begetting lawlessness but also disabling the states’ ability to fulfill their irreducible duty to defend citizens’ lives, liberties, and properties.  The State legislatures should pass resolutions declaring that the invasion has occurred, documenting the violence, and invoking the right to sue. Guarantee Clause, insisting under Article IV, Section 4 President Send the United States The military will secure the borders from illegal entry and fully implement the border protective provisions of the existing immigration law.  WhenPredictably, the President If the state refuses to comply, they may also sue President under Article IV, Section 4. Asking for the Court To issue an affirmative mandamus or injunction compelling the President To implement border protections required under existing immigration laws.


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