Daily Recap — Border Edition

“That’s not what your mom said last night.”

— Trey Vaught 

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ANCHOR BABIES AWAY

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For decades, those of us on the Right have been yelling about the abuse and perversion of the 14th amendment for the purpose of expanding the Dim voter base. Well hallelujah, we finally have a POTUS who’s addressing the problem.

Yesterday, PDT said in an HBO interview that he is planning to issue a #BigFat executive order to outlaw birthright citizenship just before the election. For those unfamiliar, which I doubt is very many of you, birthright citizenship is the act of automatically  naturalizing any baby born on our soil, thereby rewarding their parents’ ability to sneak in the country. Congress, of course, has done nothing to resolve the issue, much like every other immigration problem faced by our country. PDT has grown weary of their legislative lethargy and decided to see what can be done on his end.

“It was always told to me that you needed a constitutional amendment,” PDT said. “Guess what? You don’t.” He then added, “You can definitely do it with an act of Congress. But now they’re saying I can do it just with an executive order…We’re the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States…with all of those benefits. It’s ridiculous. It’s ridiculous. And it has to end.”

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The issue centers on interpretation of the 14th Amendment, which states the following:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

To understand the thinking behind the amendment, the operative phrase is “subject to the jurisdiction thereof.” That phrase was originally written to exclude the children of Native American tribes from American citizenship – since those children were subject to the jurisdiction of Native American governance – as well as the children of foreign diplomats and foreign soldiers fighting on American land. In other words, if someone is part of a group that is governed by someone or something other than America, citizenship isn’t available to them.

The 14th amendment was specifically written in order to guarantee the citizenship of freed slaves and their children after the Dred Scott ruling.Senator Jacob Howard (R-MI) sought to bring clarity toward the issue of how former slaves fit into the country in terms of citizenship.

While the Left love to point out the aforementioned quote saying, “all persons born or naturalized in the United States….are citizens of the United States,” they conveniently omit what Howard goes on to explain:

In 1884, the Supreme Court ruled that a Native American born under the jurisdiction of a Native American tribe could not unilaterally make himself a U.S. citizen, since “no one can become a citizen of a nation without its consent.” What a concept!

Complicating matters, though, in 1898, the Supreme Court ruled that Wong Kim Ark, a child born in the U.S. to legal resident Chinese immigrants, was included in the birthright citizenship provided by the 14th Amendment. In 1982, the Supreme Court ruled that for a state to deny public benefits to the child of illegal immigrants would be illegal; Justice William Brennan wrote in a footnote, “[N]o plausible distinction with respect to Fourteenth Amendment ‘jurisdiction’ can be drawn between resident aliens whose entry into the United States was lawful, and resident aliens whose entry was unlawful.”

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Although the Court has never fully decided on whether the 14th Amendment protects the children of illegal immigrants, the verdict seems rather obvious to this writer. The 14th Amendment makes clear that people who are clearly subject to the jurisdiction of foreign countries, e.g. the children of Mexican citizens, are not eligible for birthright citizenship.

It’s hard to imagine that the framers of the 14th Amendment had the children of illegal immigrants in mind when they put quill pen to paper. Indeed we don’t have to imagine — they left a record of their rationale. Unfortunately, clear interpretations of the law have never stopped judicial activists before, hence why they’re called activists. Their wishy-washy prior rulings on the subject are the reason we’re in this mess today.

This, ladies and gentlemen, is why it’s important to put Constitutional originalists on the court. They rule based on what the Constitution says, not what their feelings would like it to say. This is why you need to get your ass to the polls, capisce?


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One good thing about the judicial ambiguity related to this issue is it makes an opening for Trump’s executive order. Since the law is murky, the president may assert executive powers.

Note that this does not mean PDT has power in this area. In all likelihood, he doesn’t. And he shouldn’t, just as Barry Obama shouldn’t have been able to write immigration law with his trusty “phone and pen” by drawing up DACA and DAPA.

What it does, however, is force the judiciary to take up the issue and rule once and for all, rather than continuing to allow a piss-poor status quo based on legal precedents that are murky at best. PDT knew this would happen and that was the point. 

So no, there won’t be any executive orders taking effect anytime soon. What will happen is it will be immediately challenged in federal court and could very well make it back up to the SCOTUS in short order. Then, we find out whether our 5-4 conservative majority on the Court is everything it’s cracked up to be. I’d love to guarantee that justices will apply the law faithfully, but I’ve been burned too many times to make that assumption.

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BIG PICTURE:

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With his proposed EO, PDT has brought an issue to the forefront that should have been remedied long ago. Even Twinkletoes Graham announced today that he will be pushing legislation to end birthright citizenship once and for all, though given Graham’s open border past, I’d want to read the fine print on that bill a few times before hopping aboard.

That being said. we’d be much better off going to the SCOTUS with an act of Congress than an executive order. The EO will almost certainly be shot down simply based on separation of powers. The trick will be to write it in a way that forces the courts to issue an opinion on the subject matter rather than a narrow ruling rejecting the executive branch’s claim to power.

Trump is giving the judiciary a chance to prove they care about the law.

We’ll see how they respond. 

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MARCHING ORDERS GIVEN

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PDT is bound and determined to stop the invasion of thousands of unvetted foreigners at our southern border, and he’s got the DoD memos to show it.

This time, PDT has requested active-duty forces to assist with the task of securing the border, and last Friday Mad Dog Mattis signed off on the new mission: Operation Faithful Patriot.

The first 1,000 active-duty forces assigned to the mission are already in Texas, staging at Lackland Air Force Base in San Antonio. By the end of the week, Texas should see a total of 1,800 active-duty troops pulled from seven bases across the U.S. who will first get training, then deploy south to positions along the border in coordination with U.S. Customs and Border Patrol. More forces will quickly follow in Arizona, California and New Mexico to total the first 5,239 deployed. Yes, that means more are expected in the coming weeks to months.

As of yesterday, the caravan was still an estimated 1,000 miles away, traveling mostly on foot, a pace that would not bring them to the U.S. border for approximately another month


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What will our troops be doing?

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As you can guess, Mad Dog isn’t going to have snipers perched in watch towers waiting to take out migrants as they approach the border, no matter how much some us would want it (don’t judge me, I’m tired of having our sovereignty violated).

So does that make this whole thing a big waste of time? No, not really.

 

The active-duty deployed forces are expected to handle primarily background supportive tasks such as medical, airlift and engineering support. They will operate under very specific rules of engagement, in case the deployed troops end up in hairy situations. To make things simple, the ROE can be summed up as follows: don’t start any poop and there won’t be any. 

The most important of the above listed tasks is “engineering support.” This is where our troops are most needed. You’ll recall that our main issue on the border is a marriage of logistics and legal loopholes. People have a legal right to apply for asylum. Unfortunately, it’s on us to detain them until their cases can be heard. With the influx of illegals coming this past year following PDT’s executive order ending separation policy, we simply don’t have anywhere to put them, and many are given “notices to appear” in court and released in the meantime. As you can guess, “in the meantime” turns into “all the time” as illegals let out a big hearty laugh, move into the interior of our country and never show up for their court appearance. 

A primary task for our troops will be to build a #BigBeautiful tent city to house migrants while they await word on their asylum claims (currently, about 20% of Central American asylum claims are approved). Then, they’ll assist in the moving of denied asylum-seekers to border authorities for immediate deportation.

One thing about U.S. Army soldiers is we can put up a tent like nobody’s business. Any soldier who’s been in the field (which should be all of them) has had to do it over and over and over and over. We set up mini-tent cities, or FOBs, complete with spy satellites, entry control points, and C-wire perimeter in half a day. And that was just with a small company-size element. One hell of a tent city can be produced in very short order with the number of troops we’re deploying.

I also suspect that active duty forces could be lending a hand in reconnaissance. Although the border patrol has formidable recon tools at their disposal already, a large influx of people could necessitate further support, which we most definitely have to offer. And if PDT really wants to get froggy, he’ll order SIGINT collection on members of the caravan.

That means those smart phones you see all those supposedly poor and suffering people carrying will be subject to monitoring. It’s a good way to get inside their huddle and find out what’s happening behind the scenes. And we don’t need a FISA warrant to do so. 

We need intel on exactly where these groups are deriving their funding. We know that “leftist groups” tied to Venezuela have been caught helping with organization; the question is who is making it possible. If Mattis will dedicate the requisite resources, we could have the answers within days.

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BIG PICTURE:

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Don’t listen to the negative nellies who say that troop deployment is futile unless they arrive guns a’blazin’. They have a purpose to serve, and it will ultimately ensure that this so-called caravan doesn’t get in; at least most of them.
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PDT is doing the best he can with the hand he’s been dealt, which is a bad one. Migrants know all the loopholes and Dims are all too happy to remind the ones who may have forgotten.
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If the military can provide enough logistical support to where migrants know they’ll be detained and ultimately deported once reaching the border, those caravans will stop overnight. That has to be our focus until Congress finally fixes the problem altogether, which would be a miracle.
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Miracles happen every day, though, and the first step toward this making this one happen is winning the House on Nov. 6 and replacing Paul Rino with Jim Jordan. If that happens, we could be cooking with some serious grease. GET YOU, YOUR FRIENDS AND YOUR FAMILY OUT TO VOTE.
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If we have to keep troops on the border until Congress gets its act together, so be it.
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Thanks for all you’re doing, PDT.
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