By A.W. Morgan
04/08/2022
If the illegal-alien invasion across our border with Mexico should teach us anything, it’s a long-forgotten truth. Legalize and/or subsidize something, and you’ll get more of it. That’s what Let’s Go Brandon has done with policies that not only tell the Third World our borders are open, but also that he will not enforce U.S. immigration laws. As VDARE readers know from multiple reports, Biden and his Cuban-Jewish Homeland Security Chief, Alejandro Mayorkas, loudly brag that those laws are a dead letter. They refuse to enforce them. In so doing, they are breaking at least three laws. An anticipated GOP majority on Capitol Hill after November’s 2022 midterms has an open-and-shut impeachment case.
Writing for the Center for Immigration Studies, Andrew Arthur explained today that everyone seems to have forgotten a little something called the Secure Fence Act of 2006 [Why Isn’t Anyone Talking About the Most Important Border Law?, April 8, 2022].
Why Isn’t Anyone Talking About the Most Important Border Law?
— Mark Krikorian (@MarkSKrikorian) April 8, 2022
The Secure Fence Act of 2006 isn’t just about fences — it mandates that DHS prevent all illegal entries https://t.co/tK8AOotqr0 via @CIS_org
That law requires the Homeland Security secretary to establish “operational control” of the border, a task first imposed on then DHS chieftain Michael Chertoff.
“Operational control,” Arthur wrote, is defined: “the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband. (Emphasis added)”
Here is what the law orders the DHS secretary to do:
Not later than 18 months after the date of the enactment of this Act, the Secretary of Homeland Security shall take all actions the Secretary determines necessary and appropriate to achieve and maintain operational control over the entire international land and maritime borders of the United States.
Moreover, though the law mandates a deadline by which Chertoff had to establish control, “no ‘sunset provision’ in the Secure Fence Act that would have repealed that mandate at a date certain, or after operational control was achieved once.”
That means it has applied to every DHS secretary since then, including, of course, Mayorkas:
To be clear, Section 2 of the Secure Fence Act mandates that Mayorkas “take all actions” he has to in order to “achieve and maintain operational control over the entire international land and maritime borders of the United States”, that is, to prevent even a single alien from entering the United States illegally. More than 500,000 got-aways proves that he is failing to do so.
The second law Arthur has discussed is the Section 235 of the Immigration and Nationality Act [CBP Released More than 55,000 Migrants at the Border in December, January 21, 2022].
Arthur explained that the INA offers two means to processing illegals:
First, section 235(b)(1) of the INA enables DHS to process those illegal migrants for “expedited removal”, under which they can be removed without appearing before an immigration judge, unless the alien claims a fear of harm upon return or requests asylum.
If aliens in expedited removal do claim fear, they are interviewed by an asylum officer to determine whether they have a “credible fear” of return. If the asylum officer makes a positive credible fear finding (which usually happens, because the standard is low), the alien is placed into removal proceedings before an immigration judge to apply for asylum.
Alternatively, under section 235(b)(2) of the INA, DHS can skip expedited removal, charge those aliens with inadmissibility, and place them directly into removal proceedings.
Regardless of whether those migrants are processed under section 235(b)(1) of the INA for expedited removal or section 235(b)(2) of the INA for regular removal, however, they are supposed to be detained throughout the entire process — from apprehension to removal or admission.
Biden and Mayorkas should also be charged with aiding and abetting illegals, particularly those who have been previously deported [8 USC 1324: Bringing in and harboring certain aliens, Law.Cornell.edu].
And these don’t count the utterly insane idea to lift the application of Title 42, which allows the immediate expulsion of illegals for health reasons.
The GOP has plenty of ammunition to impeach and remove Biden and Mayorkas. They have violated their oaths and committed high crimes and misdemeanors by refusing to “faithfully execute” the country’s laws and by permitting the invasion of more than 2 million illegals.
But Vice President Kamala Harris must go, too. Removing Biden isn’t enough. If Harris replaces Biden, she would continue aiding and abetting the colonization of the country.
If Harris is removed, the Republican House Speaker becomes president.
Which raises the obvious question: Will a GOP majority have the stones to do it?
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