{"id":2287268,"date":"2024-07-01T13:49:01","date_gmt":"2024-07-01T17:49:01","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/fact-check-fact-checking-trumps-claim-that-biden-doesnt-need-congress-to-close-the-border\/"},"modified":"2024-07-01T13:52:25","modified_gmt":"2024-07-01T17:52:25","slug":"fact-check-fact-checking-trumps-claim-that-biden-doesnt-need-congress-to-close-the-border","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/fact-check-fact-checking-trumps-claim-that-biden-doesnt-need-congress-to-close-the-border\/","title":{"rendered":"FACT CHECK: Fact-Checking Trump\u2019s Claim That Biden \u2018Doesn\u2019t Need Congress\u2019 To Close The Border"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">28<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Ffact-check-fact-checking-trumps-claim-that-biden-doesnt-need-congress-to-close-the-border%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2287268&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>The summary details a claim made by former President Donald Trump during a campaign rally in Philadelphia on June 22, \u200d2024, where \u200bhe stated\u2062 that President Joe Biden could close the border without needing Congress. The claim was deemed unsubstantiated by experts, as the issue is complex and opinions differed on the president&#8217;s authority to do so.\u2062 The article discusses various laws such as 8 U.S. Code 1182(f) and 8 U.S. Code 1185 that grant the president authority over border security. Additionally, experts pointed out challenges in reducing immigration, including legal barriers and lack of resources for deportations. Trump&#8217;s actions \u200cduring\u200d his presidency,\u2062 such as asylum agreements and the border wall, were seen \u200das effective in <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/biden-calls-texas-stopping-border-illegals-in-eagle-pass-blocking-enforcement\/\" title=\"Biden criticizes Texas for impeding border enforcement in Eagle Pass\">reducing <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/democrats-recruiting-gop-senators-for-amnesty-deal\/\" title=\"Democrats Recruiting GOP Senators for Amnesty Deal\">illegal border crossings<\/a><\/a>. However, Biden&#8217;s reversal of these measures and executive orders \u200bwere said to have led to an increase in <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/hundreds-of-illegal-immigrants-attempt-to-storm-border-at-texan-port-of-entry\/\" title=\"Hundreds of Illegal Immigrants Attempt to Storm Border at Texan Port of Entry\">illegal immigration encounters<\/a>\u200d at the border. the article highlights the complexities and challenges surrounding border \u2063security and immigration policies in the\u200b United States.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<div id=\"ob-read-more-selector\">\n<p>During a June 22 campaign rally in Philadelphia, 2024 presumptive Republican nominee and former President Donald Trump <a href=\"https:\/\/www.youtube.com\/live\/_R7hzWfu7wg?feature=shared&#038;t=1204\" target=\"_blank\" rel=\"noopener noreferrer\">claimed<\/a> President Joe Biden \u201cdoesn\u2019t need Congress\u201d in order to close the border.<\/p>\n<p><iframe loading=\"lazy\" src=\"https:\/\/www.youtube.com\/embed\/_R7hzWfu7wg?si=TdeHnp2k8owigB0-&#038;start=1204\" height=\"315\" width=\"560\" frameborder=\"0\"><\/iframe><\/p>\n<p><span><strong>Verdict: Unsubstantiated<\/strong><\/span><\/p>\n<p>Multiple experts emphasized the issue is complicated. There is presidential authority rooted in the law that allows the president to close the border during instances where migrant entry would be \u201cdetrimental\u201d to U.S. interests.<\/p>\n<p><span><strong>Fact Check:<\/strong><\/span><\/p>\n<p>Trump spoke with the mother of Jocelyn Nungaray, a twelve year old killed in Houston, before he took the stage in the June 27 debate against Biden, according to <a href=\"https:\/\/www.reuters.com\/world\/us\/trump-puts-murdered-women-girls-center-stage-anti-immigration-drive-2024-06-30\/\" target=\"_blank\" rel=\"noopener noreferrer\">Reuters<\/a>. Nungaray was allegedly murdered by two Venezuelan men who illegally entered the country, the outlet reported.<\/p>\n<p>During his June 22 campaign rally, Trump claimed Biden \u201cdoesn\u2019t need Congress\u201d in order to close the border. \u201cAll [Biden] has to do is say, \u2018Close the border.\u2019 He doesn\u2019t need Congress. He keeps saying, \u2018I need Congress.\u2019 I didn\u2019t have Congress, I closed the border, and we had the safest border,\u201d Trump said.<\/p>\n<p>The claim is unsubstantiated as experts differed on whether or not Biden had the power to do so.<\/p>\n<p><a href=\"https:\/\/www.americanimmigrationcouncil.org\/staff\/aaron-reichlin-melnick\" target=\"_blank\" rel=\"noopener noreferrer\">Aaron Reichlin-Melnick<\/a>, policy director at the liberal American Immigration Council, said that \u201cwhat it means to close the border is subjective.\u201d<\/p>\n<p>\u201cWhat it means to close the border is subjective,\u201d Reichlin-Melnick said. \u201cThere could be a couple different definitions. It could mean stopping everyone from crossing, sealing it off, closing the border completely, or reducing the amount of people seeking asylum, which the Trump administration did,\u201d he adding, citing the former Republican President\u2019s 2018 travel ban.<\/p>\n<p>According to <a href=\"https:\/\/www.law.cornell.edu\/uscode\/text\/8\/1182\" target=\"_blank\" rel=\"noopener noreferrer\">8 U.S. Code 1182(f)<\/a>, the president has the authority to suspend entry into the U.S. whenever it would be \u201cdetrimental.\u201d<\/p>\n<p>\u201cWhenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate,\u201d 8 U.S. Code 1182(f) begins.<\/p>\n<p>\u201cWhenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline,\u201d it continues.<\/p>\n<p>Similarly, <a href=\"https:\/\/www.law.cornell.edu\/uscode\/text\/8\/1185\" target=\"_blank\" rel=\"noopener noreferrer\">8 U.S. Code 1185<\/a> allows the president to set rules and regulations for the entry of \u201caliens\u201d into the U.S.<\/p>\n<p><a href=\"https:\/\/www.heritage.org\/staff\/hans-von-spakovsky\" target=\"_blank\" rel=\"noopener noreferrer\">Hans von Spakovsky<\/a>, a <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/senator-josh-hawleys-wife-describes-frightening-evening-of-assault-on-family-home\/\" title=\"Senator Josh Hawley\u2019s Wife Describes \u201cFrightening\u201d Evening Of \u201cAssault\u201d On Family Home\">senior legal fellow<\/a> in the Edwin Meese III Center for Legal and Judicial Studies at the conservative Heritage Foundation, referenced both 8 U.S. Code 1182(f) and 8 U.S. Code 1185 as support for why Trump\u2019s claim is \u201cabsolutely correct.\u201d<\/p>\n<p>\u201cTrump is absolutely correct as I explained in a [February 2024] <a href=\"https:\/\/www.foxnews.com\/opinion\/biden-needs-spine-not-more-legislation-shut-down-border\" target=\"_blank\" rel=\"noopener noreferrer\">Fox commentary<\/a>,\u201d von Spakovsky said. \u201cFederal immigration law gives the president that authority, and that statute was upheld by the U.S. Supreme Court in the Trump travel ban case,\u201d he added.<\/p>\n<p>In addition, the president has other presidential authorities that can be used to curb immigration at the border. Expedited removal (<a href=\"https:\/\/www.federalregister.gov\/documents\/2019\/07\/23\/2019-15710\/designating-aliens-for-expedited-removal\" target=\"_blank\" rel=\"noopener noreferrer\">Immigration and Nationality Act (INA) 235(b)(1)<\/a>, mandatory and discretionary detention (<a href=\"https:\/\/crsreports.congress.gov\/product\/pdf\/IF\/IF11343\" target=\"_blank\" rel=\"noopener noreferrer\">INA 236a, INA 236c<\/a>), ending \u201ccatch and release,\u201d and reinstating the \u201cRemain in Mexico\u201d program are actions the president can take, according to <a href=\"https:\/\/www.politifact.com\/article\/2024\/feb\/02\/ask-politifact-can-joe-biden-shut-down-the-border\/\" target=\"_blank\" rel=\"noopener noreferrer\">Politifact<\/a>.<\/p>\n<p>Despite the laws and presidential authorities in place, there are still various challenges that remain with reducing immigration.<\/p>\n<p>\u201cSome things are out of the president\u2019s hands,\u201d Reichlin-Melnick explained, citing factors such as China\u2019s <a href=\"https:\/\/www.nbcnews.com\/investigations\/us-china-high-level-talks-deport-chinese-nationals-mayorkas-says-rcna146590\" target=\"_blank\" rel=\"noopener noreferrer\">recalcitrant deportation policy<\/a>, Cuba\u2019s former <a href=\"https:\/\/www.cnn.com\/2017\/01\/12\/politics\/us-to-end-wet-foot-dry-foot-policy-for-cubans\/index.html\" target=\"_blank\" rel=\"noopener noreferrer\">\u201cwet foot, dry foot\u201d policy<\/a>, and a need for more asylum officers.<\/p>\n<p><span>\u201cEven when the border is supposedly shut, there are some basic realities about how deportations and repatriations work,\u201d he reiterated.<\/span><\/p>\n<p><a href=\"https:\/\/www.migrationpolicy.org\/about\/staff\/julia-gelatt\" target=\"_blank\" rel=\"noopener noreferrer\">Julia Gelatt<\/a>, associate director of the U.S. immigration policy program at the liberal Migration Policy Institute, agreed, pointing out that neither Trump nor Biden \u201chas been able to fully \u2018close the border\u2019 without Congress.\u201d<\/p>\n<p>\u201cBoth tried, in different ways, to prevent migrants from seeking asylum across the Southern border between ports of entry, by using executive actions. President Trump\u2019s moves faced litigation and several were blocked by the courts. President Biden issued an order in early June to say that migrants (with narrow exceptions) crossing the border between ports of entry are ineligible for asylum. (That rule does not apply to unaccompanied minors.) Immigration advocates have promised to sue to try to block that move as well,\u201d Gelatt said.<\/p>\n<p>\u201cOne reason that it is hard for any President to \u2018close the border\u2019 without Congress is that under current U.S. law, migrants who express a fear of returning to their home country \u2013 or another country we might send them to \u2013 are entitled to a screening for some form of protection. U.S. laws say that we cannot return someone to a country where they are very likely to face persecution or torture. And the government currently doesn\u2019t have the resources to conduct such a screening for every migrant who says they are afraid to be returned home. So right now \u2013 as under President Trump \u2013 many migrants are still put into deportation proceedings and released into the United States to wait for their day in immigration court.\u201d<\/p>\n<p>\u201cAnother reason it is hard to \u2018close the border\u2019 is that the government doesn\u2019t have the resources to deport every migrant who approaches the U.S. border. We don\u2019t have that many planes, buses, and people to run them. And there are countries that refuse to take their nationals back from the United States. We could try to return migrants to another country, like Mexico, instead, but Mexico has always set limits on how many non-Mexican migrants it will take back from the U.S.-Mexico border,\u201d she added.<\/p>\n<p>Likewise, back in March, <a href=\"https:\/\/www.verifythis.com\/article\/news\/verify\/immigration\/can-biden-close-border-via-executive-order-fact-check\/536-9309515a-fb57-458c-9fdf-fbc047502c5d\" target=\"_blank\" rel=\"noopener noreferrer\">Verify This<\/a> reported the president cannot simply issue an executive order to shut down the border. According to the outlet, although the U.S. has laws in place that can be used to curb immigration, the U.S. also has laws that allow migrants to ask for asylum. <strong><a href=\"https:\/\/checkyourfact.com\/2024\/06\/25\/fact-check-biden-campaigns-comparison-of-rally-audience-with-trump-is-missing-context\/\" target=\"_blank\" rel=\"noopener noreferrer\">(RELATED: Biden Campaign\u2019s Comparison Of Rally Audience With Trump Is Missing Context)<\/a><\/strong><\/p>\n<p><a href=\"https:\/\/www.heritage.org\/staff\/simon-hankinson\" target=\"_blank\" rel=\"noopener noreferrer\">Simon Hankinson<\/a>, a senior research fellow in the Border Security and Immigration Center at the Heritage Foundation, agreed with the claim that the president can close the border, labeling\u00a0Trump\u2019s statement as \u201ccorrect in general.\u201d<\/p>\n<p>\u201cBearing in mind that President Trump has a unique rhetorical style when speaking to large audiences and wasn\u2019t specific in this speech, he is correct to say in general that President Biden does not need additional Congressional authority to secure the border. After facing initial challenges, like thousands of unaccompanied children, Trump was able to reduce illegal entry into the U.S. to historic lows through a series of measures.\u201d<\/p>\n<p>\u201cAsylum Cooperative Agreements with Central American countries allowed the US \u00a0to quickly repatriate illegal border crossers who had crossed through other safe countries on the way here. The Migrant Protection Protocols (\u2018Remain in Mexico\u2019) kept putative asylum seekers out of the country during the process of their cases, discouraging economic migrants from using fraudulent asylum claims as a pretext to gain entry and jam the system. Trump began construction on a border wall, sensors, and barriers that would minimize opportunities for illegal entry and channel attempts to areas where Border Patrol resources could best meet them. All told, illegal border crossings were down about 85% at the end of his term.\u201d<\/p>\n<p>Hankinson pointed to Biden\u2019s executive orders that reversed Trump\u2019s, telling Check Your Fact that \u201c[t]his encouraged more illegal immigrants, in a vicious circle that has seen 10 million \u2018<a href=\"https:\/\/www.cbp.gov\/newsroom\/stats\/nationwide-encounters\" data-saferedirecturl=\"https:\/\/www.google.com\/url?q=https:\/\/www.cbp.gov\/newsroom\/stats\/nationwide-encounters&#038;source=gmail&#038;ust=1719490262648000&#038;usg=AOvVaw3ZPqd0dqabCJ7urEya4tV7\">encounters\u2019<\/a> at the Border under Biden so far.\u201d<\/p>\n<p>\u201cBiden exacerbated the draw by creating programs that abuse immigration parole to bring in over a million more inadmissible aliens. Lack of interior enforcement further undermined any credible threat that illegal arrivals would ever be made accountable for breaking our laws and living here illegally. Biden\u2019s DHS Secretary [Alejandro Mayorkas] issued an <a href=\"https:\/\/www.ice.gov\/doclib\/news\/guidelines-civilimmigrationlaw.pdf\" data-saferedirecturl=\"https:\/\/www.google.com\/url?q=https:\/\/www.ice.gov\/doclib\/news\/guidelines-civilimmigrationlaw.pdf&#038;source=gmail&#038;ust=1719490262648000&#038;usg=AOvVaw1J_o33cZcS__XI0W6EZZod\">Enforcement Memo<\/a> explicitly instructing staff not to try and remove aliens simply for being here illegally. His ICE senior attorney issued a <a href=\"https:\/\/www.justice.gov\/d9\/2023-10\/dm-23-04_0.pdf\" data-saferedirecturl=\"https:\/\/www.google.com\/url?q=https:\/\/www.justice.gov\/d9\/2023-10\/dm-23-04_0.pdf&#038;source=gmail&#038;ust=1719490262648000&#038;usg=AOvVaw37FkE71GSA2NtmRpVsQqbm\">Memo<\/a>, following Mayorkas\u2019 lead, expressly telling ICE prosecutors to use \u201cprosecutorial discretion\u201d to drop cases they are legally supposed to prosecute.\u201d<\/p>\n<p>\u201cBiden did all of that with a series of executive orders, creating a giant magnet for illegal immigration, knowledge of which spread all over the world at the speed of social media. He could undo it all the same way, though it would take some time for the deterrent effect to assert work again.\u201d<\/p>\n<p>Reichlin-Melnick took a different position, saying the issue of the border \u201cimplicates more than just presidential authority\u201d and also calls \u201cdiplomatic relations and resource allocations\u201d into question.<\/p>\n<p>\u201cThis is an incredibly complicated topic,\u201d Reichlin-Melnick said.<\/p>\n<p><a href=\"https:\/\/www.rand.org\/about\/people\/l\/ligor_douglas_c.html\" target=\"_blank\" rel=\"noopener noreferrer\">Douglas Ligor<\/a>, acting director of the Management, Technology, and Capabilities Program in the Homeland Security Research Division at the nonpartisan RAND Corporation agreed that the topic is complicated.<\/p>\n<p>\u201cIt\u2019s a complicated issue. The president does have a couple different statutory authorities,\u201d Ligor said, citing 19 U.S. Code 1318 and 8 U.S. Code 1182(f). However, it is \u201cmisleading to say the president can shut down the border at any time, because the law is not written that way,\u201d Ligor added.<\/p>\n<p>In referring to 8 U.S. Code 1182(f) specifically, which gives the president the authority to close the border if allowing migrants in proves \u201cdetrimental\u201d to U.S. interests, Ligor emphasized that different administrations might interpret the statute differently.<\/p>\n<p>\u201c\u2018Detrimental\u2019 is not defined in the statute itself, so it\u2019s up to the administration to determine that itself, and then they would have to establish it in court. There may be different interpretations as to what constitutes a threat to national security,\u201d he said.<\/p>\n<p>Finally, Ligor highlighted that asylees have the right to apply for asylum under INA section 208, and there \u201chas to be some process to adjudicate asylum claims.\u201d \u201cWe can\u2019t just not follow the statute,\u201d he said.<\/p>\n<p>Check Your Fact has contacted the Biden campaign, a Trump spokesperson and multiple other experts for comment and will update this piece accordingly if one is received.<\/p>\n<\/p><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>At a campaign rally in Philadelphia on June 22, 2024, former President Donald Trump claimed that President Joe Biden has the authority to close the border without needing Congress. However, experts have differing opinions on this claim, with some citing laws that give the president the power to suspend entry into the U.S. if it is deemed detrimental to national interests. Despite these laws, challenges remain in reducing immigration, including issues with deportation and resource limitations. Trump&#8217;s statement was supported by some experts, while others emphasized the complexity of the issue and the need to consider diplomatic relations and resource allocations<\/p>\n","protected":false},"author":263,"featured_media":2287269,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/cdn01.dailycaller.com\/wp-content\/uploads\/2024\/06\/GettyImages-2158791415-scaled-e1719413488284.jpg","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[3620,4402,13420,3634],"class_list":["post-2287268","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","tag-biden","tag-congress","tag-fact-check","tag-trump"],"fifu_image_url":"https:\/\/cdn01.dailycaller.com\/wp-content\/uploads\/2024\/06\/GettyImages-2158791415-scaled-e1719413488284.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2287268","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\/263"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2287268"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2287268\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2287269"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2287268"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2287268"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2287268"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}