Trump tightens immigration to the US after DC shooting
Fox News’ Danamarie McNicholl and law professor John Yoo join ‘Fox News Live’ to take down the Trump administration’s stricter immigration guidelines after two National Guard members were shot and former President Joe Biden’s use of the autopen.
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President Donald Trump promised to pause Third World Immigration. Here’s how to withstand the inevitable court challenges.
First, the president should use his authority under 8 USC 1182(f), but with a twist. That law authorizes the president to suspend the entry of “all aliens or any class of aliens” whenever he considers that their entry would be “detrimental to the interests of the United States.” The plain language is broad and encompasses economic and social interests, not just national security. Every president since Ronald Reagan has invoked it. The Supreme Court upheld it in 2018, noting that the statute “exudes deference to the president.”
However, focusing on specific countries poses unnecessary challenges: discrimination based on national origin, demands for statistical justification, investigating the details of how the target list was developed. Courts can infinitely separate country-by-country distinctions.
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A universal pause avoids all that and there is a compelling justification.
It is “detrimental” to America’s interests to admit more immigrants when our mechanisms for filtering out cases of welfare and asylum fraud are so broken. It might not be so bad if we could fix the mistakes quickly, but now deporting someone takes forever.
Quote asylum. A DHS study found that 70 percent of asylum applications involve fraud or suspected fraud. It was so discordant that the Obama administration refused to release it until a whistleblower was named to Congress. Even the New York Times admits it’s a problem. In 2023 alone, more than 1 million asylum applications were submitted, which means approximately 700,000 fraudulent applications.
Then there is the public charge disaster. Since 1882, immigration law has explicitly prohibited admitting any person “who may, at any time, become a public charge.” The logic is simple. There is no point in importing welfare cases. However, 54% of immigrant-headed households receive at least one form of public assistance. The reason is that bureaucrats are subverting Congress’ intent by interpreting the ban to apply only if the alien is “primarily dependent” on the benefit and is paid in cash, meaning receiving Medicaid, public housing or food stamps doesn’t count. Activists paralyze efforts to restore the original meaning in court. Today, more than 11% of social benefits are claimed by immigrants who were admitted under the explicit premise that they would never claim social assistance. It costs taxpayers $109 billion a year.
And that doesn’t even include outright fraud. Federal prosecutors in minnesota He recently accused members of the Somali community of massive fraud schemes totaling hundreds of millions of dollars in child nutrition programs, housing services and autism treatment. Law enforcement sources confirm that millions of stolen funds were sent back to Somalia, where some “likely ended up in the hands of Al-Shabaab,” a terrorist group.
When the detection mechanism cannot prevent welfare dependency despite explicit legal prohibitions and cannot detect fraud on an industrial scale, continued mass admission is demonstrably harmful to the national interest.
the administration second line of defense They are precautionary measures. Federal law requires plaintiffs to seek pretrial injunctive relief after bail. The bond must be in an amount “adequate to pay the costs and damages suffered” by any improperly joined defendant. Given the social outlays at stake, appropriate bonuses should run into the tens of millions. Circuit courts have characterized adequate bail as “a condition precedent” to issuing a warrant and its absence as “reversible error.” The Department should insist that adequate bonds be established in all cases challenging these immigration restrictions and act to invalidate any non-bond court orders.
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Third, as legal battles play out in the courts, a powerful defensive strategy should be underway behind the scenes: Homeland Security Secretary Kristi Noem should rescind delegations of immigration approval authority. Congress personally granted the power to grant green cards, work authorizations, and other benefits to the Secretary of Homeland Security. 8 USC 1255 states that the status of an alien “may be adjusted by the [DHS Secretary]at her discretion” to permanent resident. Even cases handled at consulates begin at DHS. In practice, the Secretary has delegated this authority to immigration officials scattered across USCIS field offices. If she revokes these delegations, green card applications and other applications for select benefits would require her personal signature, which would slow processing. This is not a workaround; it is the Secretary exercising the exact authority Congress gave her.
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More modest solutions have failed for decades. It’s time to end it immigration debate with decisive action.
The president’s recent post calling for stricter immigration measures is a welcome development, but we’ve heard this kind of rhetoric before. The MAGA base has lost faith in the president’s team’s ability to follow through on his pronouncements. They need to think creatively and act with a sense of urgency to make the president’s truths a reality.
