While President-elect Trump has promised mass deportations of illegal migrants on his first day in office no such deportations will actually occur. As we know from his first term there will be a resistance movement on the part of Democrats and not a few Federal Justices. Within minutes of the newly sworn in President issuing an Executive Order for the deportation of individuals a Federal Judge, probably with the 9th District, will issue a restraining order preventing such deportations. His/her reasoning will be that all persons within the jurisdiction of the United States are entitled to due process of law.
What Trump might do is to order the round-up of all those migrants who are under deportation orders already and ensure they are deported. That will, in itself, be a chore for many of these people have disappeared into the masses of people who have crossed the border in the last four years. It is doubtful a restraining order would last long should one be tried because the President, as the chief law enforcement officer of the country would simply be enforcing the orders of various immigration and criminal courts throughout the nation. I suspect, though, there will be at least one Federal judge who will attempt to enjoin even these deportations.
As for the other several million migrants who illegally entered the country, they will have to be given due process since each of them is seeking asylum. Then there are the unaccompanied children whose parents will seek reunification by asking to be allowed to enter the country. Of course, there’s the problem with Mexico’s new Marxist president and other countries like Venezuela which are refusing to accept their people back. This is a daunting task indeed, but there will be no mass deportations on day one.
The very first issue the new Congress should address is immigration. Here are a few suggestions for the new bill. A temporary increase in the number of immigration judges to deal with the recent influx. Changing the jus soli condition of American citizenship to individuals whose parents are in the country legally as long term residents. In other words, if you are born in the U.S. but your parents are not here legally or are not U.S. citizens themselves you are not entitled to U.S. citizenship. This would stop the tourist business of traveling to the U.S. to deliver your baby and then claiming that child as an anchor for immigrations.
Create a guest worker category that allows for seasonal workers who will pay taxes on their earnings but not be on a path to citizenship. Not allow a change of visa status while present in the U.S. Thus, if you wanted to take a job after attending a college in the U.S. on an F-1 visa you would have to return to your country of origin and apply for the different visa. Not allow temporary visas to adjust status as green card seekers (the cards aren’t actually green, they’re white.)
Not permit U.S. citizenship status for the children born to foreign workers at the U.N. and other international organizations. This is a much abused system where the children born while a parent is assigned to a mission and not in diplomatic status become U.S. citizens and anchor entire families of immigrants. Tens of thousands of non diplomatic personnel work at the U.N., the World Bank, and all the diplomatic and trade missions throughout the United States. All the personnel who are not diplomats are accorded the privilege of achieving U.S. citizenship for any children born while they are in the U.S.
Authorize the President to alter trade and other international agreements should countries decline to take back their citizens who cross into the U.S. and are not accorded asylum.
Discard other than first degree sponsorship for immigration. That is, allow parents to sponsor unmarried minor children and children their parents but no brothers, sisters or others. They should achieve immigration status on their own merits and not those of a previous admitted person. Today, it is permitted to bring brothers, sisters, their spouses and children, etc, etc.
Separate the Consular Service from the Department of State and place it in the Department of Homeland Security. This will make the application for visas and the entry into the country more of a seamless process. Today visas are issued by the Department of State, but entry at border points is permitted or denied by DHS representatives. There is a difference in culture between the two agencies which causes hiccups in the system.
Controlled immigration is a necessity for economic growth but uncontrolled immigration will lead to anarchy as the population begins to outstrip the resources available as has become readily apparent in the recent past. Population growth is a direct threat to a republican form of government resulting in rule by mob and that leads to the growth of authoritarianism and ultimately to a one party system of dictatorial government.
If I had my way I would require that all who desire to vote should be able to pass a test on U.S. history and civics (legal immigrants have to.) Unfortunately, the SC ruled on this in the days of the civil rights voting act and held it unconstitutional. It would be constitutional, however, if a requirement to attain citizenship was placed in the Constitution as an amendment. But that’s just me wanting an informed electorate deciding the questions of policy based on knowledge and ability to think rationally and not emotionally.