Emord: Border Crisis a Constitutional One as Well

(Michael Gonzalez/Getty Images)

OPINION

Biden’s open borders and incentivization of illegal entry threaten our national security, our economy, and the lives, liberties, and property of American citizens.

The risks are transparent, even to those who support Biden, but the Biden administration and its allies in Congress insist on doing nothing to stop the crisis and nearly everything to make it worse.

Therein lies a truth many Americans refuse to appreciate.

This is a planned destruction of the United States.

But that’s not all.

The chaos on our southern border threatens our most basic legal foundation: the Constitution. Biden has abnegated his Article II duty to serve as commander in chief and his irreducible constitutional obligation to take care that the laws are faithfully executed.

As president, Biden is constitutionally obliged to protect the United States from invasion. There is no more obvious duty of the commander in chief than that.

He his likewise constitutionally obliged to enforce the immigration laws.

The president is not at liberty to dispense with those duties.

As commander in chief, Biden must defend the nation against foreign invasion by terrorists and criminals.

As president, he must ensure that the laws are faithfully executed and that anyone who wishes to leave their country of origin to come here is fully vetted and proven worthy of entry before occupying an inch of American soil, as existing immigration law requires.

He has no legal authority to give illegal entrants a free pass in welfare, food stamps, Medicaid, a tax ID number, and hundreds of dollars in cash, along with a note asking them to appear in court years hence.

Yet, despite the evidence, we are being invaded by agents of enemy powers (such as the tens of thousands of Chinese military-age males, PLA), by terrorists (ISIS, Hezbollah, Islamic Jihad, Hamas, Muslim Brotherhood, etc.), and by criminal gangs serving the cartels (sex traffickers, drug traffickers, thieves), President Biden dogmatically refuses to fulfill his constitutional duties.

His actions, and those of the Democratic leadership, aid and abet criminal entry as well as the very crimes being committed by illegal entrants.

That activity is treasonous in nature (while not the taking up of arms against the United States, it’s the functional equivalent of doing so).

Those actions test our constitutional order and beg for the Constitution’s remedy:

Impeachment and removal from office.

It was just reported that in Virginia — where I live and raise my family — an illegal immigrant with a history of sex crimes has been repeatedly released, despite ICE warrants, and put back on the street.

Commonwealth’s Attorney Steve Descano, an anti-incarceration prosecutor, refuses to prosecute sex trafficking cases.

Is he therefore, aiding and abetting sex trafficking in Northern Virginia?

Americans are being victimized by criminals entering without an effective check by law enforcement. Police are disabled by prosecutors who won’t prosecute, by the elimination of cash bail, and by the defunding of their departments.

Fentanyl deaths are on the rise, exceeding 130,000 annually. Murders, assaults, rapes, illicit drug transactions, sex trafficking, and thefts are happening nationwide, with illegal aliens implicated in many cases.

This is a road to ruin, and we must reverse course promptly.

We must change federal law and policy to prohibit anyone from entering the U.S. on grounds of asylum, requiring instead that they seek asylum exclusively at the U.S. embassies in their countries of origin or in adjacent countries, but not in the U.S.

We must support that policy change with block grants to the border states willing to defend the border.

Consistent with Article I, Section 10 of the Constitution (the state self-defense clause), we must ensure that the border states are funded sufficiently to employ the National Guard and police in numbers sufficient to arrest, detain, and deport illegal entrants.

We cannot trust the globalist Alejandro Mayorkas and his alter ego leadership at DHS to achieve those ends, warranting instead funding to the states willing to defend against illegal entry.

Immediate closure of the open borders, incarceration of criminals, and deportation of those not lawful here is essential to protect our people and to ensure the survival of our nation.

It is also essential to the fulfillment of the legal obligations imposed on the President by the Constitution of the United States.

Jonathan Emord is an accomlished, renowned constitutional law attorney. He has litigated many lawsuits against the federal government and won more cases against the FDA than any other attorney in U.S. history. Prior to going into private practice, Jonathan was a lawyer for the FCC, under President Ronald Reagan.