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Wednesday, January 25, 2017

Executive Order regarding Border Security

Pardon the Interruption

First of all, I am not an attorney, but I kind of know how to read policy.

This is my take from reading the recent Executive Order regarding Border Security.

1. The definition of "Wall" can easily be interpreted as anything that is an "impassable physical barrier." In another words, we may not get the GAME OF THRONES wall we all expect but rather the spikes used at THE WALKING DEAD correctional facility. This is again amplified in Section 4 of the Executive Order with the phrase, "using appropriate materials..." So, one can say, the appropriate materials at the time of construction of this wall are wooden spikes.

In a sense, this would be the cheapest option and the President can easily declare, "I built you a yyuuuuuge wall. A wall you all wanted from day one." 

2. Who will pay for it? Based on how I read Section 9, we are. In that paragraph, it reads, "shall identify and quantify all sources of direct and indirect Federal aid or assistance to the Government of Mexico..."

From how I read it, we are just gonna ask for the money we gave in federal aid and assistance to Mexico back. Smart because the President can easily call it a win saying, "Mexico owes us 265 million dollars for our yyuuuuuge wall."


Executive Order: Border Security and Immigration Enforcement Improvements

EXECUTIVE ORDER BORDER SECURITY AND IMMIGRATION ENFORCEMENT IMPROVEMENTS

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) (INA), the Secure Fence Act of 2006 (Public Law 109 367) (Secure Fence Act), and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104 208 Div. C) (IIRIRA), and in order to ensure the safety and territorial integrity of the United States as well as to ensure that the Nation's immigration laws are faithfully executed, I hereby order as follows: …

(e) "Wall" shall mean a contiguous, physical wall or other similarly secure, contiguous, and impassable physical barrier. …

(h) "Operational control" shall mean the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband. …

Sec. 4. Physical Security of the Southern Border of the United States. The Secretary shall immediately take the following steps to obtain complete operational control, as determined by the Secretary, of the southern border:

(a) In accordance with existing law, including the Secure Fence Act and IIRIRA, take all appropriate steps to immediately plan, design, and construct a physical wall along the southern border, using appropriate materials and technology to most effectively achieve complete operational control of the southern border;

(b) Identify and, to the extent permitted by law, allocate all sources of Federal funds for the planning, designing, and constructing of a physical wall along the southern border;

(c) Project and develop long-term funding requirements for the wall, including preparing Congressional budget requests for the current and upcoming fiscal years; and

(d) Produce a comprehensive study of the security of the southern border, to be completed within 180 days of this order, that shall include the current state of southern border security, all geophysical and topographical aspects of the southern border, the availability of Federal and State resources necessary to achieve complete operational control of the southern border, and a strategy to obtain and maintain complete operational control of the southern border. …

Sec. 9. Foreign Aid Reporting Requirements. The head of each executive department and agency shall identify and quantify all sources of direct and indirect Federal aid or assistance to the Government of Mexico on an annual basis over the past five years, including all bilateral and multilateral development aid, economic assistance, humanitarian aid, and military aid. Within 30 days of the date of this order, the head of each executive department and agency shall submit this information to the Secretary of State. Within 60 days of the date of this order, the Secretary shall submit to the President a consolidated report reflecting the levels of such aid and assistance that has been provided annually, over each of the past five years. …

DONALD J. TRUMP
THE WHITE HOUSE,
January 25, 2017.

https://www.whitehouse.gov/the-press-office/2017/01/25/executive-order-border-security-and-immigration-enforcement-improvements



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