Forty-four million plus immigrants constitute over 14% of the U.S. population, the highest share since 14.8% in 1890 and 14.7% in 1910 The current percentage is triple that of the low of 4.7% in 1970. Every year a million immigrants obtain lawful resident status in the U.S. Half of all children born in the U.S. are offspring of immigrants.
John Yoo, professor of law at UC Berkeley, has published the thorough treatise, “The Law Will Be on Trump’s Side If He Declares an Emergency to Fund His Wall,” this month in the National Review. Pursuing Yoo’s argument to the end suggests the U.S. Supreme Court’s final decision will rest with Chief Justice John Roberts.
When senior Alexis Allen was growing up in Chula Vista, California, border security was something that was frequently on her mind. At her school, just north of the San Ysidro border in San Diego county, 75 to 80 percent of students were Hispanic, she said – and 15 to 20 percent lived in Tijuana, Mexico, crossing the border each day to attend her high school.
Many legal analysts who watched Donald Trump declare a national emergency over immigration on Friday thought the president had weak legal grounds for doing so. In particular, many thought Trump hurt his own case by admitting, right there in the White House Rose Garden: “I didn’t need to do this, but I’d rather do it much faster."
Over the weekend, I linked to Jack Goldsmith’s article on President Trump’s use of national emergency power to come up with the money to build more border fencing. Goldsmith took no position at this early date on the legality of Trump’s move. However, his initial view is that hysteria over it is misplaced and that Trump’s legal position is plausible.
Hoover Institution fellow Victor Davis Hanson discusses that the pending legal battle over the national emergency declared by President Trump may all center around “semantics.” Hanson added that it was “psycho-dramatic” to say that the Constitution is “in danger,” pointing to Obama’s actions on the 2015 Iran Nuclear Deal and DACA.
President Trump’s decision to declare a national emergency and move funds around to pay for more wall building is certain to be challenged in court. The case almost surely will arrive at the Supreme Court.
On Feb. 15, President Trump took a number of legal steps, including declaring a national emergency and invoking emergency authorities, in connection with his efforts to construct a wall on the southern border. There are important senses in which Trump’s actions are a big deal, and important senses in which they are not nearly as big a deal as many contend.
The Conte Initiative on Immigration Reform aims to improve immigration law by providing innovative ideas and clear improvements to every part of the system, from border security to green cards to temporary work visas.