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Border ‘Shutdown’ Rule Is Optional, Loopholed, Temporary Distraction

A provision buried deep in the 280-page bill says that emergency border “closures” touted in the regime’s border law would not be triggered unless the president’s Department of Homeland Security says so. ing.

Possible loopholes in the law include: saw Page 119:

Whenever border emergency authorities are activated, the Secretary, in the Secretary’s sole and non-reviewable discretion, shall immediately remove from the United States all or any of the aliens identified in paragraph (a) and prevent them from entering the United States. shall have the authority to prohibit. (3) Any person subject to such authority pursuant to this section.

loophole convert The border closure, described as “mandatory,” is included in a conditional presidential policy option, but it means that the number of migrants is far greater than during the border emergency declared by President Donald Trump during his first term. It can only be activated if there are many.

The bill makes it much harder for the president to declare borders closed by raising the required number and adding multiple exemptions. go backwards It has been featured in many media outlets over the past few days.

“This RINO-Democrat immigration deal is essentially a mass amnesty that locks up 2 million illegal aliens a year.” Said Tweet by donald trump jr.

President Joe Biden and Secretary of Homeland Security Alejandro Mayorkas arrive in Washington for a press conference on September 29, 2022. (AP Photo/Evan Vucci)

Supporters of the pro-immigration bill are touting triggering a government shutdown because it’s a dramatic phrase for President Joe Biden and journalists. broadcast And because that’s what most Americans want.

Biden: “That would give him new emergency powers as president to close the border if it becomes overwhelmed.” declared “If given that authority, I would exercise it the day I signed the bill.”

But a closer look at the bill shows that “coercion” is rarely triggered, many immigrants are given discounts, the deadline expires in three years, and an entirely new, expedited, rubber-stamped asylum process is also created. It has been shown that there is no impact due to the This will put millions of economic immigrants on a rapid “path to citizenship”; vote We will set up a booth by 2030.

much-publicized legislation I declare 122 pages:

(3) Invocation of authority. —

“(A) Discretionary Activation. The Secretary may activate the Border Emergency Authority if the Secretary encounters an average of 4,000 or more aliens each day during a period of seven consecutive calendar days.”

(B) Required [emphasis added] Activation.—The Secretary shall activate border emergency authorities if:

(i) Encounter an average of 5,000 or more aliens each day during any seven consecutive calendar days;or

(ii) encounter a total of 8,500 or more aliens on any calendar day;

However, page 117 of the text lists exceptions to the “required” trigger, including a blanket exception of “a process approved by the Secretary.”

(C) Unaccompanied Alien Children.

(D) Any alien who the immigration officer, with the approval of the supervising immigration officer, determines, based on the totality of the circumstances, should be excluded from the border emergency authority…

(F) An alien with a valid visa or other lawful authorization to enter the United States. Includes: (iv) Aliens to the United States who stand at a port of entry pursuant to a process approved by the Secretary to permit safe and orderly entry into the United States.

Section (F) exempts “parole” immigrants, which Biden’s lawmakers are importing despite current law.

In 2023, Biden’s lawmakers imported 1 million paroled immigrants who would be exempt from border closures.

Biden is also importing more than 500,000 “unaccompanied alien children” who are not subject to triggering a government shutdown.

Asylum seekers walk along the U.S.-Mexico border wall to be processed by U.S. Border Patrol on November 30, 2023 in San Diego, California. (Qian Weizhong/VCG, via Getty Images)

Another paragraph on page 124 states that “immigrants from non-contiguous countries shall not be included in the calculation of the total aliens encountered.” This loophole ensures that only immigrants from Canada and Mexico count toward the 5,000 per day trigger.

And on page 119, the law says that even if the influx increases far beyond 5,000 or 8,500 people, the law requires the Border Commissioner (currently Secretary of Homeland Security Alejandro Mayorkas) to “make the only and unconsiderable decision.” It is permitted to ignore this provision at its discretion.

More importantly, the new bill would create a refugee unit with the power to quickly issue green cards to immigrants, even without having to fight them before a trained judge in the country’s independent refugee courts. be. The bill also provides funding to hire more than 4,000 asylum workers, likely through an increase in investor-funded immigration advocacy groups.

summary issued Supporters of the bill say:

Sec. 3141. Interim non-custodial release proceedings.

• Create sections. Section 235B of the Immigration and Nationality Act establishes interim non-custodial deportation procedures for adjudicating asylum claims from the border.

• Authorizes asylum officers to approve applications for relief. [legal asylum] or protection during the protection decision if the applicant proves by clear and convincing evidence…

Sen. Chris Murphy (D-Conn.), the lead Democratic negotiator, said: was popular “Borders will never close,” the bill says, adding:

[It contains] The President’s requirement that asylum applications be collected at land ports of entry if more than 5,000 people are passing through in a day. Borders will not be closed, but insurance claims will have to be processed at the port. This allows for a more orderly and humane asylum processing system.

Still, pro-immigration Democrats, Republicans and business groups really want to promote a trigger to appease voters. For example, Sen. Kyrsten Sinema (Iowa, Arizona) told CBS:

You know, the number 5,000 people per day is being talked about a lot. We’ve all heard the misinformation, and frankly just rumors, such as “the government doesn’t need to close its borders until the number of people passing through per day reaches 5,000.” Sho. That’s not true.

First of all, our [existing] The law is catch and release. However, if too many people approach the border seeking asylum, the government is required to actually close the border if that number reaches 5,000 people a day; is allowed. Once we reach just 4,000 people per day, the border becomes visible. The reason for doing something like this is to be able to shut down the system when it becomes overloaded.

Sen. James Lankford (R-Okla.), the Republican face of the bill, also said: tout Without mentioning the Secretary’s “sole and unreviewable” authority not to exercise immunity or powers, it directed emergency authorities to:

Border emergency authorities are the most misunderstood or simply misrepresented part of this bill. Some say 5,000 people will enter the country per day. That’s unreasonable and untrue.

Emergency authorities are not designed to let 5,000 people into the country, they are designed to close the border and turn 5,000 people around.

But he also admits:

The Border Emergency Agency only lasts three years to force this administrator to close the border and give the next president time to hire more staff and police officers. After three years, emergency powers expire.By then we should have regained full control of our borders.

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