On Wednesday’s broadcast of CNN’s “OutFront,” Rep. Eric Swalwell (D-CA) responded to a question on why President Joe Biden won’t use the immigration authority he has under current laws that former President Donald Trump used during his administration because doing so would mean “leaving this to the courts, and then, next week, when it’s stayed, it’s back open again. That, to me, is just chaos.”
Host Erin Burnett asked, “[T]here [are] also the laws on the books now and what can be done with what we have, and we hear that argument a lot, enforce what’s on the books before you talk about what is needed. The House Speaker, Rep. Mike Johnson (R-LA), says that Biden can use Section 212(f) of the Immigration and Nationality Act to fix the border, which basically gives the President broad authority to restrict immigration. So, the key line in it, Congressman, reads, ‘Whenever 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 [as] immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem [to be] appropriate.’ Now, Congressman, you and I know, everyone knows, President Trump used this authority many times. He was challenged in court, including when he used it to ban travel from those five mainly Muslim countries. But in that case, the Supreme Court ruled on Section 212(f) that it ‘exudes deference to the President in every clause.’ So, Congressman, just a very basic question: Why wouldn’t President Biden — sure, he’ll be challenged in court — go ahead and try to use this now to stem a quarter-million people coming over the border every month?”
Swalwell answered, “Well, certainly, resources are being surged to the extent that they can, but Erin, many of the challenges were also successful in court. And I think the last thing you want is uncertainty day-to-day on what the situation is at the border. So, if you can put it into law, with a bipartisan piece of legislation that would let the President stop asylum claims from time to time and put the resources there so that you can restart them, which seems to be the crux of what this deal could be, that gives more certainty to our process. And we should take it, rather than just leaving this to the courts, and then, next week, when it’s stayed, it’s back open again. That, to me, is just chaos.”
Follow Ian Hanchett on Twitter @IanHanchett
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