“Political pundits, talking heads, scholars and politicians have convinced the American public that only legislation can solve the problem. They say there are too many immigration and asylum loopholes preventing the government from deporting illegal border crossers in a timely manner. They are all wrong.”
Those were not the words of yours truly, but of Brandon Judd, the head of the Border Patrol union, in a Washington Times op-ed. He suggests we actually just enforce the asylum laws in statute and have border agents at the front lines, not bureaucrats in other DHS agencies, take the lead on enforcement.
The talking point about the broken laws, in the media and even from the administration, have been so incessant and emphatic that most people probably think the laws require open borders unless Congress votes to change them. In fact, our laws are very clear that people who come to our border without proper documentation are all illegal aliens and must be deported. In 1996, Congress further updated those laws to preclude endless lawsuits. In recent years, though, past administrations have taken discretionary exceptions to this rule in the Immigration and Nationality Act – commonsense optional forms of relief for individuals in exigent circumstances – and have made them the rule. Now, forum-shopped lower courts are taking these discretionary forms of relief and making them mandatory while ripping up the base statutes that say the exact opposite. In turn, DHS leadership, thus far, has been so overly deferential to this insidious judicial civil disobedience against our laws that they are not even enforcing the laws and processes clearly on the books to deal with all illegal aliens.
Why isn’t DHS simply interviewing them the minute they come here, rejecting illegitimate claims, and immediately starting the deportation clock, pending the one appeal they have? Just a few weeks of this will deter the people down the pipeline in Central America, as it did when we implemented a similar policy pursuant to law to deal with the 1989 Nicaraguan wave.