Publisher's Note: One of the most significant things you can do to promote Liberty is to support our mission. Please make your gift to the 2024 Year-End Campaign today. Thank you! —Mark Alexander, Publisher

February 5, 2024

Biden Needs a Spine, Not New Laws, to Shut Down Open Border

Biden doesn’t need a Senate bill to fix this problem. What he needs to do is to exercise will power.

President Joe Biden tells a lot of tall tales about the border crisis, but his claim that he needs the reckless bipartisan immigration bill being negotiated in the Senate to give him the authority to “shut down the border” and he “would use it the day” he signs the bill into law to end the crisis is one of his tallest tales yet.

In truth, this deal is a political ploy that would support his open-border policy and fund his unlimited illegal immigration plan.

Why is Biden’s claim a tall tale? Because federal immigration law already gives Biden the ability to close the border — and he, his advisers, and his political allies know it.

And anyone who believes that, if this bill passes, Biden will close the border is a modern-day Charlie Brown who actually believed time and again that Lucy wouldn’t snatch the football away when he tried to kick it.

The president’s already existing authority to shut down the border was specifically upheld in 2018 by the U.S. Supreme Court in Trump v. Hawaii over the so-called travel ban issued by then-President Donald Trump.

As Biden’s political allies will no doubt remember, since they led the charge against it, Trump “shut down the border” to aliens from certain terrorist and other nations until the Department of Homeland Security could determine whether it was able to accurately verify and investigate the backgrounds of aliens from those countries.

Trump acted under 8 U.S.C. § 1182, which states that when “the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens … .”

Trump also acted pursuant to 8 U.S.C. § 1185, which provides that the president can set the “rules, regulations, and orders” for entry of aliens into the U.S. “subject to such limitations and exceptions as the President may prescribe.”

The Supreme Court upheld the travel ban since these existing immigration statutes give “deference to the President” to decide when the entry of aliens should be restricted, and provide him with “‘ample power’ to impose entry restrictions in addition to those” already outlined in federal immigration law.

Moreover, the Supreme Court refused to second-guess Trump’s national-security rationale for issuing the travel ban because such national security determinations made by the commander in chief are entitled to great deference, since courts are not in a position to make such determinations.

In addition to this broad, virtually unlimited authority, the head of U.S. Customs and Border Protection, acting Commissioner Troy Miller, is authorized by 19 U.S.C. § 1318 (b)(2) to “close temporarily” any port of entry into the U.S. “when necessary to respond to a specific threat to human life or national interests.”

The open southern border of the U.S. is clearly a national security problem of the highest order and is obviously a threat to our “national interests.” Millions of illegal aliens are overwhelming communities across the country, and human traffickers, drug smugglers, criminals, and terrorists are freely entering with little to no obstacles in their way.

A coalition of former FBI officials recently issued a warning to Congress about the “imminent danger” we face from this flood of aliens, which those officials say is “one of the most pernicious ever to menace the United States.”

As they point out, “military-aged men from across the globe, many from countries or regions not friendly to the United States, are landing in waves on our soil by the thousands — not by splashing ashore from a ship or parachuting from a plane, but rather by foot across a border that has been accurately advertised around the world as largely unprotected with ready access granted.”

Biden doesn’t need this Senate bill to fix this problem.

What he needs to do is to exercise the will power to actually shut down the border; accept the help of states and cooperate in their efforts, like those of Texas, to install barbed wire fencing and eventually a wall everywhere it is needed; stop his “catch and release” policy; quit unlawfully granting mass parole and work permits to illegal aliens; reinstate the “Remain in Mexico” policy for asylum-seekers; and take the many other actions to enforce federal immigration law that have proven effective in the past.

In other words, quit sitting on the sideline telling tall tales and get into the arena, and do the right thing. The country is waiting, but its patience has run out.


Republished from The Daily Signal.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.