In a scathing op-ed published<\/a> in the Des\u200d Moines Register<\/a>, Donald Trump has vowed to reverse “Joe Biden’s border disaster on day one.” Trump’s credibility on this \u200cissue is unquestionable; his track record as president in enforcing immigration laws and controlling the border was exceptional. He is absolutely right in stating that Biden’s policies are\u200d causing a “nation-wrecking \u2063nightmare on our southern border,” and \u200dnot just at the border, but \u2062also in our \u2062major cities.<\/p>\n

No nation can tolerate the unprecedented \u2064number of illegal immigrants that this country has witnessed and\u200d continues<\/a> to witness under Joe Biden. Trump’s proposed measures to stem this illegal influx, protect American \u200ccommunities from the immense costs it imposes, \u2062and enforce the laws \u200cas written by Congress are long overdue.\u200d And even though bold actions like “record-setting deportation operations<\/a>” resulting in “millions” of deportations will be\u2063 necessary, they are justified and proportional to the magnitude of the\u2063 problems caused\u200c by Biden.<\/p>\n

However, there is one proposal by Trump that \u200dshould give even his staunchest supporters pause. \u200cHe plans to “invoke the Alien Enemies Act to remove \u200bknown or suspected gang members, drug dealers, or cartel members from the\u200b United States.”<\/p>\n

The issue here is that \u200dthe \u200claw in question does not authorize the action Trump is suggesting. While\u200b it is commendable to enforce immigration laws as enacted by Congress, a reelected President Trump should not overstep \u2064those laws and \u200cengage in illegal activities. If he requires new legal authorities to take actions that safeguard\u200c America’s borders \u200cand rectify the disastrous policies of the Biden administration, he should seek those authorities from Congress instead of assuming them for himself. His aim should be to restore the rule of\u2064 law in \u200dimmigration control and\u200c other\u200b areas, not compound Biden’s illegalities with his own.<\/p>\n

Trump’s\u200b first term \u2063began with a misstep on immigration law, \u2062commonly referred to \u2063as the “Muslim ban.” His initial\u2064 executive order had to undergo two subsequent revisions<\/a> <\/a>before finally \u200bbeing upheld<\/a> \u2063by the Supreme Court. This episode caused unnecessary embarrassment \u200bat the beginning of Trump’s administration.\u200d The second term should not \u200brepeat \u200cthe mistakes of the first.<\/p>\n

The Alien Enemies Act<\/a> is an old statute, originally enacted during John Adams’ \u200dpresidency.\u2062 Essentially, it \u2062grants the president the authority to \u200cremove alien enemies (such as German, Japanese, or Italian nationals during World War II) from the United States. The act requires the fulfillment of certain conditions \u2064before its powers can \u200bbe activated. These conditions are either a declared war between\u2062 the\u2062 United \u200dStates and a foreign nation \u200bor government, or an invasion or predatory incursion perpetrated, attempted, or \u200bthreatened against the territory of the United \u200cStates by any foreign nation or government<\/em> (emphasis added).<\/p>\n

<\/div>\n
In broad terms, the\u2063 law authorizes the expulsion of foreign nationals when there is a\u200c declared war \u200bbetween their home country \u200band the United States, or when there is an actual or threatened \u200dinvasion of\u2062 the United States by that country.<\/p>\n
The first condition \u2063is not met: there is no declared war between the United States and\u200b Mexico, the only\u200c nation on its \u2062southern border. However, the second condition is also not met. \u2064Even if one considers the illegal border crossings by numerous gang members,\u200d drug dealers, and \u2064cartel members from Mexico into the United States as an “invasion” (which \u200cmay not be legally accurate), it is not \u200cbeing carried out by the nation or\u200d government of Mexico.<\/em> \u200cThis remains true even if\u2062 it\u2064 can\u200c be established that the Mexican government, under Biden, has not taken adequate measures to secure \u200dits border with the U.S. or prevent \u2064millions of illegal\u200b aliens from crossing it.<\/p>\n
Mexico has previously\u200c assisted U.S. border control operations: As \u200bTrump’s op-ed highlights<\/a>, during his \u200cpresidency, he “persuaded the Mexican government to deploy\u200b tens of \u200dthousands \u2063of soldiers to the border free of charge.” If Biden has been unwilling to continue such\u2063 cooperation, the fault lies with him. Mexico cannot be\u2062 held responsible for the influx of illegal migrants.<\/p>\n
Furthermore, \u200cTrump’s proposal to use the Alien \u2064Enemies Act to remove “known or \u2062suspected” gang members and others is not as straightforward to implement as it\u2062 may seem. It has long been established \u2062that \u200dthose \u200cfacing removal are\u200d entitled to at least some due process. \u200dWhile the\u2062 process may be expedited for illegal entrants “known” to be gang \u2064members or similar, \u2063it would \u2063need to be more\u200b substantial for those merely “suspected” of \u200csuch \u200dactivities or associations.<\/p>\n
<\/div>\n
None of this is to\u200c deny \u2062the immense harm caused<\/a> by\u2064 gangs,\u200b cartels, and drug or human \u200btraffickers entering the United States from Mexico. \u200bThey\u2064 are indeed \u200ccausing significant damage to the people \u200dand institutions of this country. The federal\u2064 government should make every effort to stop them. However, the Alien Enemies Act does not provide a \u2063legal solution to this problem.<\/p>\n
If reelected, \u200cPresident Trump will undoubtedly face strong opposition from the left-wing and corporate \u2064sectors when \u200che begins deporting millions of aliens \u2063who have\u2063 no legal right to be in the country. He should not undermine or \u2063compromise that program by entangling\u200b it with another initiative that is likely \u200bto be struck down by the courts. It\u2063 would be wiser for him to pass the responsibility to Congress. \u2064On\u2063 day one, he \u2063should present a well-considered piece of legislation \u200dto Congress, specifically targeting cartels,\u2064 gangs, and traffickers,\u2064 granting him full authority to swiftly and decisively \u200bact against them.<\/p>\n
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\t\t\t\t\t \t\t\t\t\t\t\t\t\t<\/div>\n
rnrn <\/p>\n
How\u2064 does Trump’s potential invocation of the \u200bAlien Enemies Act challenge the\u200c principles of a democratic society?<\/h2>\n
It is a failure on his \u200cpart, but it does not \u200bconstitute an invasion perpetrated by \u200dthe Mexican government.<\/p>\n
It is crucial that Trump, \u2063or any future\u200b president, adheres to the rule of \u200blaw and respects the limitations placed on their power.\u2063 By invoking \u200bthe Alien Enemies\u2064 Act\u200d in\u2062 a way\u200d that exceeds its intended\u200c scope, Trump would be setting a dangerous precedent for executive overreach. This undermines the checks and balances\u2063 that\u2062 are fundamental to the \u200dfunctioning of \u2064our democracy.<\/p>\n
If Trump \u200cbelieves that additional measures are necessary \u200cto address the problems \u2063at the border, he should work through the appropriate channels to seek the\u200b necessary authorities\u200d from Congress. \u2064By doing so, he would not \u2062only follow established legal procedures but also ensure \u200dthat\u2064 any\u2062 actions\u200c taken have the backing of\u200c the legislature, representing \u200bthe will of the American\u2063 people.<\/p>\n
Furthermore, it is important to consider the potential consequences \u2063of Trump’s proposal. By using the Alien \u200cEnemies Act to remove \u200bindividuals deemed to be gang members, drug\u200d dealers, or cartel members, \u2064there is\u2063 a risk of \u2062unjustly\u2064 targeting innocent individuals or \u200bviolating their due\u200c process rights. It is \u200dcrucial to strike a balance between safeguarding national security<\/a> and \u2062upholding \u200bthe \u2062principles of\u200d fairness\u2062 and justice that\u200d our democracy\u2062 is built upon.<\/p>\n
In conclusion, while \u2063Donald \u2063Trump’s\u2064 plan to reverse \u200dJoe Biden’s border policies is commendable,\u2063 his proposal to invoke the\u200b Alien Enemies Act raises\u2062 concerns. The law does not \u2063authorize \u2062the action he \u200cis suggesting, \u2063and \u2063it \u200dis important for any president to operate within \u2063the boundaries of the law. \u200dBy \u200bseeking the\u200c necessary authorities \u2063from Congress \u2063and \u2062upholding the rule \u200dof law, Trump can better address the challenges at \u2063the\u200c border while \u2064preserving \u200cthe integrity of our democratic institutions.<\/p>\n","protected":false},"excerpt":{"rendered":"
That Biden’s handling of the border crisis has been a disaster. Trump, with his proven track record, promises to swiftly address this issue if he returns to power. The Des Moines Register op-ed highlights Trump’s credibility and the urgent need for change at the border<\/p>\n","protected":false},"author":583,"featured_media":2143178,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/cndimages.nyc3.digitaloceanspaces.com\/breaking-news\/wp-content\/uploads\/2021\/01\/IMG_2758-scaled-1.jpg","fifu_image_alt":"","footnotes":""},"categories":[546],"tags":[],"class_list":["post-2143177","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-the-federalist"],"fifu_image_url":"https:\/\/cndimages.nyc3.digitaloceanspaces.com\/breaking-news\/wp-content\/uploads\/2021\/01\/IMG_2758-scaled-1.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2143177","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/583"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2143177"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2143177\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2143178"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2143177"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2143177"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2143177"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}