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By sending National Guard to border, Trump follows Bush, Obama. By Nolan Rappaport

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On April 4, 2018, President Donald Trump signed a memorandum directing the secretary of Defense to ask state governors to use the National Guard to provide assistance to DHS “in securing the southern border and taking other necessary actions to stop the flow of deadly drugs and other contraband, gang members and other criminals, and illegal aliens into this country.”

Trump isn’t the first president to use the National Guard this way. Presidents George W. Bush and Barack Obama did it when they were presidents. Their National Guard operations were successful, and Trump’s probably will be too, if his operation is similar to theirs.

Apparently, the Border Patrol feels that way too. According to Brandon Judd, president of the National Border Patrol Council, experience has shown that the military can supplement the work of agents on the ground.

We do not know yet how the troops will be used. The memorandum gives the secretary of Defense, working with DHS and the attorney general, 30 days to submit an action plan detailing what resources and actions are needed, including federal law enforcement and U.S. military resources.

But we do know that Trump is taking this action pursuant to his authority under Title 32 of the U.S. Code, which means that the federal government will pay the cost of deploying the troops, but the troops will be under the command and control of the state. Bush and Obama also used Title 32.

We also know that Trump intends to keep National Guard troops at the border until his wall is built.

Read more at http://thehill.com/opinion/immigrati...ows-bush-obama

Published originally on The Hill.

About the author. Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.





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Updated 04-08-2018 at 09:02 AM by ImmigrationLawBlogs

Comments

  1. ImmigrationLawBlogs's Avatar
    This updated reply to Nolan's article is posted as of 10:05 pm on April 9.

    An April 9 article in the Washington Post (sorry- I don't have a link - please go to their website), says that the troops that Trump is sending to the border will not be authorized to arrest any migrants or carry out armed surveillance. They will be doing support tasks only.

    Therefore, Trump's claim that he is using these troops to "seal the border" is pure fantasy - as much of a lie as almost everything else he has been saying about immigration.

    My earlier responses to Nolan's article appear below:

    Once again, Donald Trump is the worst enemy of the people who try to defend him. In this case, no one has been louder or more vociferous than Trump in claiming that his border enforcement policies are the diametric opposite of those of previous administrations; especially Obama's, which Trump has falsely accused again and again of allowing illegal immigrants, criminals and drugs to "pour into" the US through our "open border".

    Nolan also fails to mention that Trump is claiming that his purpose in using National Guard troops is to "seal the border" until his wall is built.

    When did either Bush or Obama claim that they were planning to seal the border or build a wall?

    Roger Algase
    Attorney at Law


    Updated 04-16-2018 at 03:10 AM by ImmigrationLawBlogs
  2. ImmigrationLawBlogs's Avatar
    Once again, Donald Trump is the worst enemy of the people who try to defend him. In this case, no one has been louder or more vociferous than Trump in claiming that his border enforcement policies are the diametric opposite of those of previous administrations; especially Obama's, which Trump has falsely accused again and again of allowing illegal immigrants, criminals and drugs to "pour into" the US through our "open border".

    If Trump is wrong about Obama failing to secure the border, how do you explain the fact that there were so many aliens in removal proceedings during his administration that Trump inherited an immigration court backlog crisis from him? A crisis that was so out of hand when Trump took office that he has not been able to make any progress in dealing with it.

    Nolan also fails to mention that Trump is claiming that his purpose in using National Guard troops is to "seal the border" until his wall is built.

    Interesting comment. Roger apparently approves of border security that allows illegal crossings and condemns attempts to prevent any illegal crossings from occurring.


    When did either Bush or Obama claim that they were planning to seal the border or build a wall?

    Obama voted for the Fence Act of 2008 when he was a Senator. That authorized and funded the construction of 700 miles of border fencing. But Roger’s right that he didn’t build any new fencing while he was president. He seemed to lose interest in border security measures when he became a candidate for presidency.

    Interestingly, Hillary Clinton experienced the same transition. She voted for the Fence Act too when she was a senator and seemed to lose interest when she became a candidate for the presidency. Also interesting that her husband, Bill, signed IIRIRA when he was president and in his signing statements praised it for doing something to fight illegal immigration.

    Nolan Rappaport
  3. ImmigrationLawBlogs's Avatar
    Nolan started by arguing that Trump was only the continuing border policies of presidents Bush and Obama. Now, Nolan is arguing that Trump is pursuing a different policy from President Obama, who Nolan says had allegedly lost interest in fighting illegal immigration (even though President Obama deported more than 2 million people, the largest number so far of any president in our history).

    Which is it? Is Donald Trump continuing in President Obama's footsteps, as Nolan's article contends, or is Trump doing things differently on the border?

    And is Nolan suggesting that President Bush and President Obama were not "doing something to fight illegal immigration" because, unlike Trump, they did not call for sealing the border or building a 2,400 mile 30 ft. high border wall (different from 700 miles of fencing in my dictionary)?

    Roger Algase
    Attorney at Law
    Updated 04-16-2018 at 03:07 AM by ImmigrationLawBlogs
  4. ImmigrationLawBlogs's Avatar
    With illegal Mexican border crossings at the lowest level in many years, as far as actual apprehensions are concerned - one can always speculate and make wild, unreliable, guesses about people who may come across without being caught - and with the "caravan" of an estimated 1,000 desperate women and children reportedly on their way north to exercise the right they may have to seek asylum under US law now having been broken up by the Mexican authorities, it is hard to see what urgency there is for sending (unarmed) troops to the border now.

    There is good reason to believe that this is nothing more than a public relations gesture by Trump to assuage Fox News right wing critics such as Ann Coulter and Sean Hannity who are reportedly upset with Trump for signing the omnibus spending bill without border wall funding, and to reassure his white nationalist base that, yes, he really still does hate Mexican and other brown-skinned immigrants. See Heather Digby Parton, writing in salon.com on April 6:

    https://www.salon.com/2018/04/06/tru...e-ann-coulter/

    Meanwhile according to one report, eight Catholic bishops along the border have injected a note of reality into the border controversy, in welcome contrast to Trump's demagogic posturing.

    Here is the bishops' statement about the Mexican border, as reported in the Baltimore Sun:

    "This is not a war zone but instead it is comprised of many peaceful and law abiding communities that are also generous in their response to human suffering."

    The bishops added that Trump's harsh rhetoric:

    "promotes the dehumanization of immigrants, as if all were threats and criminals."

    http://www.baltimoresun.com/news/nat...407-story.html

    Is there any other real purpose to Trump's threat to seal the Mexican border and his obsessive insistence on building a border wall of a kind that none of his predecessors in the White House has ever spoken about or even imagined, but that despots or would-be despots such as Hitler, Stalin and Kim Jong Un have been familiar with?

    Now, Viktor Orban, Hungary's anti-immigrant (and judging by his repeated attacks on George Soros, arguably also antisemitic) strongman, is also building a wall to keep Middle Eastern and African immigrants out of Europe.

    https://www.reuters.com/article/us-e...-idUSKBN1692MH

    These tyrants are the real inspiration for Trump's Mexican border policies, not President George W. Bush or President Barack Obama.

    Roger Algase
    Attorney at Law
    Updated 04-16-2018 at 03:09 AM by ImmigrationLawBlogs
  5. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    Nolan started by arguing that Trump was only the continuing border policies of presidents Bush and Obama. Now, Nolan is arguing that Trump is pursuing a different policy from President Obama, who Nolan says had allegedly lost interest in fighting illegal immigration (even though President Obama deported more than 2 million people, the largest number so far of any president in our history).

    Which is it? Is Donald Trump continuing in President Obama's footsteps, as Nolan's article contends, or is Trump doing things differently on the border?

    And is Nolan suggesting that President Bush and President Obama were not "doing something to fight illegal immigration" because, unlike Trump, they did not call for sealing the border or building a 2,400 mile 30 ft. high border wall (different from 700 miles of fencing in my dictionary)?

    Roger Algase
    Attorney at Law
    If Roger takes a closer look at my article, he will see that my point is just that national guard troops provided useful assistance to the border patrol for previous administrations. I never indicated in any way that the border patrol was able to secure the border with that assistance.

    The border will never be secure without effective interior enforcement. You can't stop illegal crossings when the crossers know that they will be home free once they reach the interior because only aliens caught near the border and serious criminals are deported, i.e., Obama's enforcement policy.

    And the only comparison I made was to point out that the guard was a good thing in previous administrations and likely to be a good thing for Trump's administration, IF he uses them the same way that Bush and Obama did. We don't know yet how he intends to use them. But that doesn't seem to matters to his critics.

    The reasoning goes, "He is an immigrant hating bigot, so everything he does is bad." That's right, isn't it Roger?

    Nolan Rappaport
    Updated 04-08-2018 at 05:19 PM by ImmigrationLawBlogs
  6. ImmigrationLawBlogs's Avatar
    I am not going to respond to anything else Roger says about this article. He is blinded by anger and hatred.

    Nolan Rappaport
  7. ImmigrationLawBlogs's Avatar
    Nolan is always welcome to respond to my point on the merits. My point, simply put, is that Trump's sending National Guard soldiers to the Mexican border as part of a stated effort to "seal the border" and build a wall against Mexico, two things that no previous president has ever advocated doing to the best of my knowledge, at a time when illegal border crossings are reportedly at one of the lowest points in years, is very hard to justify on any reasonable grounds of utility or necessity.

    However, sending in troops (even in a limited capacity, as was the case with his two immediate predecessors), has unquestionable propaganda value in stirring up the same kind of anti-immigrants prejudice which played a major role in getting Trump elected in the first place, and has, very arguably, sustained his support among his base despite new revelations of alleged corruption and abuse of power in his administration which are appearing in the media on an almost daily basis.

    Accusing commentators who make serious, fact-based points about less than positive aspects of Trump's immigration policies and his administration in general of being "blinded by anger and hatred" is not going to make the facts on which those perfectly justified expressions of opinion are based go away.

    Roger Algase
    Attorney at Law




    Updated 04-16-2018 at 03:08 AM by ImmigrationLawBlogs
  8. ImmigrationLawBlogs's Avatar
    Comment withdrawn.

    Roger Algase
    Attorney at Law
    Updated 04-18-2018 at 01:16 AM by ImmigrationLawBlogs
  9. ImmigrationLawBlogs's Avatar
    Comment withdrawn

    Roger Algase
    Attorney at Law
    Updated 04-18-2018 at 01:15 AM by ImmigrationLawBlogs
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