By Kelly Haughton www.americanthinker.com
In the U.S., we have built an attractive nation. The U.S. has had immigration waves throughout its history, and it has been a strength of our country. But if 5 billion people moved to the U.S. in the next year, it would destroy the country.
Given the situation, it is reasonable for the U.S. to have rules about immigrating and what immigrants can do while here. Because the U.S. is a magnet, we can be picky. For example, we could have a rule that no rapists or murderers are allowed in. We could decide that no one is allowed in without an MMR vaccine. And in fact, we have a set of laws, regulations, and rules about immigration.
You can argue that the U.S.’s immigration law is bad and needs to be replaced. Fair enough. It is the responsibility of Congress to change laws. Until that is done by Congress, the Executive Branch is responsible for enforcing existing law. It is perfectly reasonable to say it is far too difficult to legally become a resident and then a citizen. If one feels that way, one should lobby Congress to change the laws.
Not all presidents enforce all laws. President Obama deported over 3 million people, but President Biden’s administration did not enforce immigration laws. President Trump was elected on the promise of enforcing the immigration laws and has been doing so.
Sometimes the administration does not enforce a set of laws because the president disagrees with them. Other times, such as when some states effectively legalize marijuana, the president may decide it just isn’t worth the fight to go into a state like Colorado or Oregon to enforce the laws. Other times, such as with Jim Crow laws passed by Southern Democrats, the president decides to send in the military and enforce federal laws over state laws.
The U.S. Supreme Court has ruled that in situations where federal law and state or local law contradict each other, federal law supersedes. So if someone breaks federal immigration law and there is a state law saying that is okay with the state, federal law takes precedence.
People who obstruct the enforcement of federal law are breaking the law themselves (18 USC 111). ICE agents are authorized to arrest people who obstruct their work (8 USC 1357 and 18 USC 111). People who threaten federal law enforcement personnel are also breaking the law (18 USC 115). There is no special immunity to these laws for elected or appointed officials such as judges, governors, mayors, or police officers.
The Biden administration decided not to enforce immigration laws, but the Trump administration is perfectly within its authority to decide otherwise, especially since he campaigned on doing so.
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