BIRMINGHAM, Alabama — In a policy interview here, Republican senatorial candidate Roy Moore advocated for the Trump administration to immediately deploy the U.S. military to fortify the U.S.-Mexico border while plans for a wall are being strategized.
“I believe that we can stop illegal aliens from coming across our border within a matter of a week using the United States military to support the border patrol,” Moore stated. “That is not a violation of the Posse Comitatus Act. It has been done by numerous presidents.”
“And then we have the money, as soon as possible we can build a wall to stop these illegal aliens from coming across our border. I think we should act on these things and we should do them as soon as possible,” he said.
“We need border security and we can have border security by simply taking action to do it,” Moore added. “But right now, you can’t get Congress moving except on things that they want for their own home districts.”
Moore was speaking in an interview that aired last night on this reporter’s weekend talk radio show, Aaron Klein Investigative Radio, broadcast on New York’s AM 970 The Answer and NewsTalk 990 AM.
The Posse Comitatus Act was passed to limit the federal government from using the U.S. military to enforce domestic law.
Moore took strong issue with the legislative branch failing to respond when on June 15, 2012, then-DHS Secretary Janet Napolitano released a memo titled, “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children.” That memo enacted key parts of the so-called dream act, also known as Deferred Action for Childhood Arrivals, or DACA.
Napolitano’s memo, which called for changes in immigration enforcement law for young illegals, came after Congress repeatedly refused to pass the so-called DREAM Act to grant residency and rights to young illegals.
Moore stated: “You have a Congress that sat back and let Janet Napolitano out of the Homeland Security issue a policy by memorandum called Deferred Action on Childhood Arrivals. And when she did that, she was actually refusing to enforce the law set forth by Congress. That is a breach of the separation of powers.
“She should have been impeached by the House; tried and removed by the Senate. That’s the way the Constitutional system works or should work. And we need to get back to recognizing that the constitution is the supreme law of the land. And no judge or no executive or anybody else can put themselves above it.”
The Obama administration’s end run around Congress to essentially halt the deportation of young illegals was enacted despite Article I, Section 8 of the United States Constitution, which expressly vests in Congress, not the executive branch, the power to “establish a uniform Rule of Naturalization.” The clause has long been interpreted as specifically giving the legislative branch the power to set immigration policy.
During our interview, Moore highlighted the Senate Republicans’ obstructionist positions, including Sen. John McCain passing the deciding vote that killed the most recent ObamaCare repeal effort. He argued that his election is critical for enacting Trump’s legislative agenda.
Aaron Klein is Breitbart’s Jerusalem bureau chief and senior investigative reporter. He is a New York Times bestselling author and hosts the popular weekend talk radio program, “Aaron Klein Investigative Radio.” Follow him on Twitter @AaronKleinShow. Follow him on Facebook.