Posted on 01/24/2019 3:03:08 PM PST by Drew68
If we consent to the notion that the president is prohibited from following the Immigration and Nationality Act (INA) and his inherent executive authority to stop this invasion, then there’s nothing we can do, and we as may as well cede the presidency to Kamala Harris. But if the president is willing to use his lawful powers and more aggressively push back against lawless lower court opinions and their illegal universal injunctions, there is a lot he can do. By credibly threatening to use executive action based on lawful powers, the president can upend Pelosi’s leverage.
The first step is for the president to communicate his message directly to the American people. There is no way around that. This entire battle is one of messaging.
There is a reason Pelosi denied the president the platform of the State of the Union by taking the unprecedented step of disinviting him to speak before the House. She knows that for the president to speak in in the traditional presidential manner for a full hour, laying out the evils of open borders and the danger of her policies empowering the cartels, will reframe the debate over this issue. Yet by disinviting Trump, Pelosi gave him an even bigger platform … if Trump is willing to use it.
To that end, the president should reconsider his decision to scuttle the State of the Union and deliver it at a venue on the border flanked by law enforcement and Angel Families. He should use imagery to depict the severity of the problem caused by Pelosi’s preferred immigration policies and that this has gone on long enough. This speech, because of its unique circumstances, would get more viewers and look better for the president than anything he could have done in the House chamber. In some ways, it would be the most dramatic use of the bully pulpit ever.
After Trump shows how severe the problem of illegal immigration is, he should lay out the following strategy, threats, and demands.
Threaten executive action
As long as Trump makes it clear that he cannot do anything to stop the invasion without Pelosi caving, she will not cave. But the minute he makes it clear that he will act unilaterally anyway, it will change the dynamic. Accordingly, Trump needs to make it clear that the difference between his and Obama’s use of executive action boils down to the Constitution and our existing statutes. Obama violated them in order to subvert sovereignty; Trump will follow the INA in order to preserve sovereignty and national security. He should then promise to revisit three ideas he seemingly has backed away from: ending the illegal DACA amnesty, shutting off all border migration, and using a military buildup to construct border infrastructure.
End DACA
How can a district judge tell the president he must continue Obama’s illegal amnesty? Trump needs to tell the American people that statute tells him these people must be deported, while a district judge, forum-shopped by the Left, says otherwise. He must follow statute. Nobody can challenge his use of executive action when that action itself is a mere reversal of Obama’s unprecedented action. He should explain the illegality of these rulings based on statute, rules of standing, and the fiction of universal injunctions.
Remember, the Judge William Alsup said very clearly that he was not saying DACA “could not be rescinded as an exercise of Executive Branch discretion,” he just disagreed with the way in which Trump got rid of it. While the judge was still off his rocker, nothing is stopping Trump from ending DACA now.
Trump can’t have it both ways. He can’t treat DACA as an important negotiation tactic for amnesty but then agree to the legal premise that he must do it and the political premise that it’s “the right thing to do.” He needs to give Democrats the impression that he will get rid of it. Right now, Democrats have no reason to deal with Trump because they are getting a permanent de facto extension of non-immigrant visas for those amnesty recipients indefinitely. Thus, they will wait Trump out for an even better deal on a more expansive amnesty. But if Trump threatens to take from them what they already think they have in the bag, it will change the negotiations.
Shut down all border migration
Nobody can ever credibly argue that a president lacks inherent executive authority as well as delegated authority to shut down all migration at our border, no matter how a judge wants to erroneously create loopholes in asylum. Article II powers over foreign commerce and INA 212(f) override all immigration, including legitimate immigration programs. This power has never been challenged, and indeed, the Supreme Court just upheld it last year. For a single district judge, Jon Tigar, to come along and give standing to random political groups to sue for caravan invaders outside our country is beyond laughable, and Trump needs to make that judge and his capricious rationale famous in his speech. He must build the case that no district judge can put an injunction on the power to control who crosses our border.
Threaten a military buildup
You know what we need more than a partial border wall, at least in the short term? A serious military operation at our border. If we can’t understand the threat the cartels pose to our nation and the cost in terms of thousands of homicides, drugs, gangs, and financial burdens, we have no business being a sovereign nation. If a president can deploy troops in 140 countries without authorization from Congress, then you better believe a president can repel an invasion when cartels are on our soil directing their operations. Even Joe Biden called for such a military operation decades ago when the cartels weren’t nearly as powerful.
It’s time for Trump to announce that the days of the evil cartels hurting Americans and Mexicans are over, and he will turn our military on them. Just the threat of doing so will shake up the cartels beyond belief. And once he beefs up the military presence, it’s much easier for him to use DOD funding to build infrastructure.
Make Democrats take tough votes
Once Trump asserts the threat to employ lawful and thoughtful executive action to stop the border invasion, he should then lay out a series of demands for Democrats covering all aspects of illegal immigration. He should call upon McConnell to make Democrats take a series of tough votes that will now be backed by the threat of executive action regardless of what they do in Congress.
Here’s how the strategy would work:
Step 1: Pay our agents
The time has come for Trump to call upon McConnell to force a vote on funding law enforcement working during the partial shutdown. The bill should require immediate pay for agencies like Border Patrol, ICE, FBI, DEA, TSA, and the Coast Guard. That’ll still leave the nonessential agencies on the table (many of which probably don’t need to exist) while daring Democrats in the Senate to vote against pay for law enforcement. I’d force Democrats to hold the floor and continuously block the bill. Right now, Senate Republicans are doing nothing while Pelosi passes her bills out of the House. This will shift the momentum.
Step 2: Deny pay to the cartels
The cartels are making a killing off the judicially created loopholes in our laws. McConnell should force votes on ending the Flores settlement, which is what is incentivizing family units to come with children (sometimes not even their own) and get quasi-amnesty through catch-and-release. He should also make them take tough votes on welfare benefits for illegal aliens and clamping down on identity theft.
Step 3: Stop illegals from murdering Americans
The Senate should also force votes on a bill named after murdered officer Ronil Singh. Every illegal alien homicide, by definition, is avoidable because the illegal aliens shouldn’t be in the country. However, most of them are doubly avoidable because most murderers usually have prior rap sheets and are picked up for “lesser” crimes. This is the enduring lesson of Ronil Singh’s murderer, who was picked up twice by cops for DUI but was never turned over to ICE.
As of fiscal year 2013, we already had 1.9 million criminal aliens in this country, yet almost none of them have been deported, and that number is likely much higher now. Republicans need to mandate immediate apprehension and deportation of all criminal aliens and cut off funding to any locality that fails to turn over illegal aliens arrested for crimes, including DUIs and drug trafficking. Interior enforcement is the key, and voting against it is radioactive for certain Democrats if Republicans actually forced a sustained debate over it.
The bottom line is that Democrats have never been forced to defend all their indefensible positions, nor have they felt any urgency to change course. Trump has a bully pulpit that nobody ever had; he wields the executive powers to follow immigration law and block foreign invasions that every president has had; and his party still has control over the Senate, where he can embarrass Democrats with one vote after another.
There is no silver bullet strategy after years of messaging failures by the GOP on the immigration issue. But declining to use the bully pulpit, failing to force Democrats to take tough votes, and negotiating down on amnesty without any executive leverage is surely a recipe for disaster.
If I recall, bills passed out of one house to the next but where no action was taken are still “live”.
I’d take all the House bill’s that are favorable to border security and start running them in the Senate. Make the Ds vote against their own legislation!
State of the Union: Mixed feelings. Yeah Trump could give the speech outside of Congress, but if the MSM back the democrats they could refuse to air it. Meanwhile, Trump is doing fine communicating to the nation SOTU or not. And Pelosi looks petty for blocking the SOTU. I’ll defer to Trump on the decision.
Threaten Executive Action: Don’t threaten if you’re not prepared to have your bluff called. Some of this may well be designed to get Trump to do it without Congressional approval and then use that to try to impeach him. There are Senate RINO’s who are still never Trumpers, give them enough ammo, and they will fight with the democrats. Meanwhile, as long as Trump appears willing to negotiate, there are cracks appearing in the Democrat’s wall.
END DACA: Trump should not ignore a federal judge’s order, without first appealing it. Again, that’s what the democrats and rino’s want. There is an appeal process, use it. Unless the government’s lawyers think SCOTUS will side with the judge, then don’t.
Shut down all border migration: How? Trump can close the Southern border. But the moment someone sets foot on American soil they have the right (given to them by a law Congress passed) to file for asylum. If Trump can’t shoot them while they are on Mexican soil to prevent them from stepping on American soil, then Trump can’t shut down border migration. But a wall, would help.
Threaten a Military buildup: He’s already using the military. They can’t shoot them before they step on American soil, and they can’t shoot them afterwards. They need a wall, to force them into the ports of entry.
I think Trump can do several things. The one I would like to see is Trump declaring a National Emergency, starts building the wall, cancels DACA and reopens the government. Then let the Dems stew over the fact Pelosi and Schumer had DACA and lost it.
Halt all trade with Mexico.
Close the border crossings.
Only US citizens can pass thru on their way back.
If he cancel’s DACA in face of the judge’s ruling without appealing it to SCOTUS, then they will impeach him. And you better believe there are senate RINO’s that will side with the democrats.
If he declares a national emergency, they will probably impeach him. There was an article, don’t know if true, that the reason Trump hasn’t already declared a national emergency is that the Senate Republicans were divided.
If he goes down either of these, you can expect an impeachment vote from the house. He needs Senate Rino support if he’s going to go down that road. And you can’t trust that support even if they say they back Trump.
Or Trump can do what he’s doing. Continue to negotiate in good faith, communicate, and make the Democrats share the blame.
He only needs to do 1 thing to get the ball rolling, 1000 or more Agents rounding Up as Many Illegal Aliens as they can in the Greater Los Angeles Area and DEPORT THEM!!! This will completely Devastate Los Angeles, NOTHING will be open, NO Restaurants, Construction, Warehouses,...
They will fold like a cheap suit overnight.
I disagree. It's past time to "credibly threaten". President Trump should declare a national emergency and build the Wall. Don't threaten. Don't message. Just build. Then make the case to the American people. Point out how many Americans were murdered by illegals during the shutdown and name every single one of them. If he's giving a speech in any state, name the rape victims (or give their age and town and name their rapists, if the victims prefer anonymity) and murder victims from that state. Point out how many illegals are in federal prisons and emphasize the fact that 32% of federal prisoners are foreigners, with 90% of those here illegally. Make the case while building the Wall instead of as a prelude.
"End DACA"? Definitely. President Trump should detain DACA illegals while the Obama judges quibble over process, but he should also deport their families while that process winds through the courts. We need a full court press to overturn the illegitimate DACA ruling by that Obama judge. Deport all illegals. No exceptions.
"Shut down all border migration"? Also correct. President Trump should, among other things, pressure Mexico to end the crossings of illegals. That should include closing the two nearest border crossings "for the duration of the investigation" each time an illegal crosses our border. That will cost us and Mexico both, but they cannot afford the price. It should also include reducing Mexico's foreign aid by a set amount for each illegal who makes it across the border that we are for whatever reason unable to deport.
"Threaten a military buildup"? Nope. The time for threats is in the past. President Trump should send however many troops it takes to secure our border until the Wall is built. He should have them lay triple strand concertina wire barriers, both for national security and for military training, two barriers, with a road for patrolling in between. He should use the troops to support our border patrol, and he should use them to improve security at border crossings. Don't rescue illegals who are in our country until they successfully cross both concertina wire barriers, but prevent those who help illegals from damaging or removing our concertina wire. Any time illegals successfully cross, he should also add more troops to search vehicles at the nearest border crossings. At some point, if we make it expensive enough for them, Mexico will decide to take our border security seriously.
Trump should use our troops to build, maintain, and guard camps for illegals, and they should be detained in those camps until their cases are adjudicated if they have claims that require us to let them go in front of a judge. All new illegals should stay in those camps, and they should go the the front of the line for their hearings. That last-in, first-out policy would remove any incentive for new illegals to come here. If they do not have documentation to prove their claims for asylum, they get deported. Even if they have documentation, if they cannot pass an NSA-level polygraph on the validity of that documentation and on their intentions, they get deported. No more catch and release.
Obama ruled by EO.
If the situation is declared an invasion then the troops are no longer acting as police but as defenders and can shoot (depending on the ROEs put in place).
I hope somebody passes this along to President Trump.
We are nearly past the tipping point of losing our country.
The bottom line is that Democrats have never been forced to defend all their indefensible positions, nor have they felt any urgency to change course. Trump has a bully pulpit that nobody ever had; he wields the executive powers to follow immigration law and block foreign invasions that every president has had; and his party still has control over the Senate, where he can embarrass Democrats with one vote after another.
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The Democrats never had to defend their indefensible positions because the GOP agreed with them.
Previous GOP Presidents refused to secure the borders and enforce the laws.
Trump needs more help in the Senate and House.
Bush League Republicans still dominate both.
We will never keep our country if we don’t stop voting for them.
He can’t suffer any political damage if he acts by executive order. The election is over and 2020 is a ways off. Stuff it up their kazoo.
This ^^^^. The options outlined in the OP only exist if the President has the full backing of his political party. He does not and he will find himself boxed in despite the righteousness of his cause.
That's what I'm thinking. Pelosi has him backed up against the wall where his only two choices are go big or go home. He can shrug his shoulders like Schwazenegger did and give the Democrats everything they want or he can stand strong, not worry about re-election, and let the chips fall where they may.
I live less than 60 miles from where the 19 y/o illegal invader killed 4 people. 2 women in Gardnerville, NV—one was 56, the other 71. Then he killed a couple that were 80 & 81, in south Reno. ALL in less than 9 days, IIRC.
The connective thread?
He had advertised himself on Craig’s List as a ‘handyman’ and had worked for all 4 people he killed & robbed.
Today, 36 separate charges were laid out against him-—and the 4 murder charges are still pending. He apparently shot them in the back of the head, and because he had worked for these elderly people before, I am thinking that they didn’t fear him when he showed up at their properties.
Today, in court, his lawyer claimed he didn’t speak ANYTHING but Spanish. I think that is a lie. NOT that many people in N Nevada are Spanish speaking, particularly older ones.
This piece of garbage needs to die—and soon. The media reports that there may be 3 separate trials. That is budget breaking for the counties involved.
At least Nevada DOES have the death penalty & they do activate it. This guy is in separate cell away from all other prisoners ‘for his safety’.
What about the ‘safety’ of the 3 residents that he killed?
NONE of them deserved this.
Bump
Can any one tell us why, Daniel Horowitz, is not the Chief of Staff to President Trump. He would have also made and excellent AG.
End remittances to Mexico. Money from illegals working in the US keeps the Mexican economy limping along. Shut that down or threaten to shut that down and the Mexican government will build the wall.
Horowitz is a Dem politically.
He is, however, seemingly honest in his assessments of the laws he voices frequently on FNC and elsewhere.
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