Trump: Stop lllegals At Border and Send Them Back Immediately

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President Donald Trump used Twitter on Sunday and Monday to float what he believes is the easiest, and most inexpensive method of cutting down on illegal immigrants crossing into the country.

Send them home immediately, and bypass the judges and courts.

On Sunday, the president said a prompt return trip “from where they came” is the best way to deal with border crossers, without tying up the judicial system.

On Monday, the president made another reference to the same idea, saying the current legal process for dealing with illegal immigrants is dysfunctional. He said sending illegals home immediately would not only save the country money in costs for judges and administrative fees, it would stop illegal immigration “in its tracks.”

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The tweets were immediately met with criticism by those who say the president would be denying illegals their right of due process as guaranteed by the Constitution.

Critics of the president’s proposal claim the Equal Protection Clause of the 14th Amendment states “any person” in the country shall not be deprived of due process of law, and several Supreme Court decisions have ruled that undocumented immigrants are granted the same rights as U.S. citizens.

But those rights apply to undocumented immigrants already in the country. The laws are different when dealing with people who are trying to enter the country.

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In those cases, people trying to enter the country are subject to immigration law, where the executive branch can determine whether or not someone is allowed in the country.

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As Daniel Fisher of Forbes pointed out in an article last year about the constitutionality of the president’s travel ban, “Until they’ve passed through immigration control, they aren’t technically on U.S. soil.”

And in light of Tuesday’s Supreme Court ruling that upheld the president’s controversial travel ban, Trump may now feel more comfortable in implementing the policy of immediately returning illegals who attempt to cross the border.

In writing the court’s 5-4 opinion upholding the ban, Chief Justice John Roberts said Trump’s travel order was well within his authority as president.

“The [order] is expressly premised on legitimate purposes: preventing entry of nationals who cannot be adequately vetted and inducing other nations to improve their practices,” Roberts wrote.

Stephen Vladeck, a law professor at the University of Texas School of Law and CNN’s Supreme Court analyst, said Tuesday’s ruling was a major victory for the White House.

“The Supreme Court has reaffirmed the president’s sweeping statutory authority when it comes to deciding who may and who may not travel to the United States, authority that both President Trump and future presidents will surely rely upon to justify more aggressive immigration restrictions,” Vladeck told CNN.

If and when the president tries to implement his new plan for dealing with illegal immigrants at the border remains to be seen, but Tuesday’s Supreme Court ruling will certainly clear the way for him to do so.

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Scott Kelnhofer is a writer for The Western Journal and Conservative Tribune. A native of Milwaukee, he currently resides in Phoenix.
Scott Kelnhofer is a writer for The Western Journal and Conservative Tribune. He has more than 20 years of experience in print and broadcast journalism. A native of Milwaukee, he has resided in Phoenix since 2012.
Location
Phoenix, Arizona
Languages Spoken
English
Topics of Expertise
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