Sean Buchanan, a father of five from Colorado Springs, was driving his motorcycle on Highway 83 when Miguel Ramirez Valiente swerved into his lane and killed him. The immigrant was charged with reckless driving with a revoked license || TGP
“Orange County, Calif., reached a settlement Tuesday that will allow law enforcement to immediately arrest homeless people in certain locations, including the John Wayne Airport, flood control channels and high-risk wilderness areas.
The Orange County Board of Supervisors settled two federal lawsuits filed last year aimed at efforts to clear out hundreds of homeless people who were camped out along the Santa Ana riverbed near Angel Stadium, Los Angeles’s Fox 11 reported.
The settlement reached Tuesday allows Orange County to create two zones to enforce nuisance laws—one in which homeless people can be arrested immediately, another that requires police to first seek help from social workers.
Homeless individuals will be arrested immediately in areas that include John Wayne Airport, flood control channels and high-risk wilderness areas. Police in other designated areas will have to first reach out to social workers to place homeless people in shelters. If transients refuse services, police are allowed to put them in jail.
“If it seems obvious that a patient has a medical condition then they will be transported to a county clinic for assessment” before being placed in a shelter, Orange County Supervisor Andrew Do said.”
…read more at: KTTV LA – Fox News
“Military police officers clash with migrants from Africa, Haiti and other countries during a protest in front of an immigration center in Tapachula, Mexico, demanding free transit through the country to reach the United States, Tuesday, August 27. (AFP)”
….read more here at: the Gateway Pundit
“In fiscal 2018, 64% of all the arrests made by the federal government were of non-U.S. citizens, according to a report released Thursday by the Justice Department’s Bureau of Justice Statistics.
For comparison, In 1998, 63% of all federal arrests were of U.S. citizens.
“The country of citizenship of persons arrested by federal law enforcement changed notably over time. From 1998 to 2018, Mexican citizens’ share of federal arrests rose from 28% to 40%. Citizens of Central American countries’ share of federal arrests rose from 1% to 20% during the same period, while U.S. citizens’ share of federal arrests fell from 63% to 36%. Federal arrests of Central Americans rose more than 30-fold over two decades, from 1,171 in 1998 to 39,858 in 2018. The number of federal arrests of Mexican citizens (78,062) exceeded the number of federal arrests of U.S. citizens (70,542) in 2018,” said the Department.
Immigrant crime has also soared.”
…Read more at: The Gateway Pundit
From: SWIO Newsource
More video at Breitbart:
“A video published by ABC News shows a group of migrants abusing young children who appear to be in no imminent danger by forcing them under a razor-wire lined border fence in a water-filled ditch. The children scream in terror as the adults force them into the cold water and submerge them while passing them under the concertino wire-lined border barrier.”
….Read more at: Breitbart
“Javier Hernandez-Morales, 43, a Mexican national thrice-deported from the U.S. who was shot to death by Napa County sheriff’s Deputy Riley Jarecki after he fired at the deputy during a traffic stop Sunday night, was protected from further deportations by California’s sanctuary laws which blocked the federal government from detaining him on four separate occasions in recent years when he was arrested there according to a statement issued Thursday by ICE (Immigration and Customs Enforcement).
The Napa County Sheriff’s Office released a video Wednesday of the shooting which shows Hernandez-Morales pulling a handgun on the deputy and firing at her as she spoke to him on the driver’s side. The deputy, who was not wounded, went to the other side of the car and returned fire, killing him. The screen image above is from before the shooting. The deputy first approached from the passenger side, then went to the driver’s side where she was fired on. The video was accompanied by this statement:
“Warning: This post contains graphic video content and is not suitable for children. This Body Worn Camera footage depicts the Attempted Murder of Napa County Sheriff’s Deputy Riley Jarecki on February 17th, 2019. The decedent, Javier Hernandez Morales, fired the first shots. Deputy Jarecki returned fire. She was not physically injured. Hernandez Morales died at the scene.”
….read more at: The Gateway Pundit
“There are a lot of national emergencies going on. In fact, there are 31 active national emergencies declared under the National Emergencies Act.
Bill Clinton used this authority 17 times. President Trump has only used it three times so far.
Sorry Democrats, this “national emergency” business is not quite the work of “dictators.”
Conservative Tribune reports: “Of Obama’s 11 continuing national emergencies, nine of them were focused exclusively on foreign nations, while only one seemed focused on protecting America — a declaration aimed at punishing individuals “engaging in significant malicious cyber-enabled activities.”
All of the rest of Obama’s national emergencies were focused on blocking property or prohibiting transactions/travel for individuals engaged in various activities in — by order of the date of enactment — Somalia, Libya, transnational criminal organizations, Yemen, Ukraine, South Sudan, Central African Republic, Venezuela and Burundi.
The American people stand with President Trump following his amazing Oval Office address explaining the human cost of illegal immigration.
If President Donald Trump uses the U.S. military to build the border wall along the United States’ international with Mexico by declaring a national emergency, won’t liberals simply run to a Federal judge whom they believe to be left-wing within the Ninth Circuit and block Trump? Can Congress vote to overturn Trump’s declaration of an emergency?
No. If the federal courts actually follow the law, President Trump cannot be prevented from “reprogramming” funds appropriated for the U.S. Department of Defense and actually using the military (such as the U.S. Army Corps of Engineers) to build the border wall.
As noted in the first installment on this topic, Congress has given a president the power to declare a national emergency by 50 U.S.C. 1621 and 50 U.S.C. 1622. A declaration of an emergency allows the President to reprogram funds in the military budget. See 33 U.S. Code § 2293 “Reprogramming during national emergencies.”
Trump could reprogram funds from other parts of the Department of Defense budget — including from other DoD construction projects such as on bases, military housing, etc. — and engage in construction in areas of need for the national defense. The statute says that explicitly (although statutes are never easy reading).
But Democrats are threatening and commentators are warning that such an action would be challenged in court and in Congress immediately. Can such a plan be blocked?
First, 50 U.S.C. §1622 allows the Congress to over-turn a president’s declaration of an emergency. If both the Senate and the House each pass s resolution terminating the President’s declaration of an emergency, than the emergency status terminates under 50 U.S.C. §1622. But clearly the Republican-controlled U.S. Senate would not join the Democrat-controlled U.S. House of Representatives. Unless a significant number of Republican Senators vote against a border wall built by the U.S. Army Corps of Engineers or contractors with military funds, Congress could not block Trump’s efforts.
(Note, although I argue in the next section that this power has been invalidated by the U.S. Supreme Court, if a court disagrees on that, a legislative veto power should block a lawsuit. Where Congress has provided a specific method for challenging a declaration of an emergency, the federal courts would normally hold that that method becomes the exclusive remedy. A lawsuit would be blocked by the fact that Congress provided a non-litigation remedy.)
Second, however, the Congressional veto process described above has been ruled unconstitutional by the U.S. Supreme Court, in INS v. Chadha, 462 U.S. 919 (1983), finding a legislative veto of Executive Branch action unconstitutional. Congress passed many laws which specifically enabled Congress to veto regulations or actions under that law. The U.S. Supreme Court found a legislative veto violates the structure or architecture of the Constitutional system.
Laws go to the President for signature or veto. Congress cannot reach over and pull a law back. Congress must pass a new law and present it to the President for signature if dissatisfied with how the law is working out. The U.S. Supreme Court had no hesitation finding that the Congress had over-reached, based only on the implied architecture of the Constitution.
In Chadha, 50 U.S.C. 1622 was one of the laws explicitly discussed. The dissenting opinion specifically warned that the Chadha decision invalidated Congress’s ability to overturn a presidential declaration of a national emergency.
Therefore, Congress cannot overturn a declaration by President Trump that the open border is a national emergency. Even if the U.S. Senate were to side with the Democrats, Chadha explicitly ruled the Congressional veto (termination) of a presidential declaration to be an unconstitutional distortion of the familiar “Schoolhouse Rock” means by which laws are passed and signed by presidents. Once a law is signed, there is no “claw back” right by Congress.
Third, of course, critics are discussing whether Trump’s actions would be constitutional. Here, however, Congress passed a specific statute, in fact a series of statutes. So there is no question about the President’s power to do what the Congressional statute has explicitly empowered him to do.
Some even point to a rather famous Constitutional landmark case — Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) — in which the U.S. Supreme Court explicitly ruled that President Dwight D. Eisenhower did not have the power to temporarily nationalize the U.S. steel industry to avert a strike for national defense. However, Youngstown was not that simple. Youngstown analyzed the inherent powers of Commander in Chief as modified by Congressional agreement by statute.
The U.S. Supreme Court explicitly analyzed that the President’s powers are at their greatest (zenith) when he acts not only by his inherent powers as President but also by the agreement of a statute passed by Congress. In Youngstown, Eisenhower did not have any statute supporting his action and the Court reasoned that he was actually acting in conflict with relevant statutes.
Here, the Congress has already enacted and President George W. Bush signed into law, the Secure Fence Act of 2006. It is already the law of the land that a border wall shall be built along the United States’ Southern border. Neither Congress nor any private plaintiff can challenge the official determination that a border wall or barrier shallbuilt. That is the law. That is the official determination of both the U.S. Congress and the Commander in Chief.
The Secure Fence Act of 2006 was never implemented (other than a few miles) because Congress did not appropriate the funds to pay for it. There are two steps: Authorization and Appropriation of funds. The decision to build a border wall is final. The only question is applying funds to make it happen.
Building of a border wall under the 2006 Act was also not completed because the Swamp and Deep State sabotaged it. Using classic bureaucratic games, the bureaucracy and open borders legislators followed “designed to fail” steps that ground the construction to a halt.
Note that in spite of the word “fence” in the title, the law does not actually mandate a “fence” in particular. The wording of the Act is not about a “fence” but about any kind of barrier customized to the particular terrain in each location to the extent necessary to “the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband.” That is “all.” As in “all.”
So the Secure Fence Act of 2006 requires building “whatever it takes” — not a “fence” per se. The Act does require specific enhanced barriers and lights, cameras, and sensors, in some named locations.
Fourth, could liberals run to the courts to block Trump from using the military to build a border wall? No. Only those with “standing” can bring a lawsuit. How is anyone harmed?
The federal courts have been waging Jihad against citizens bringing lawsuits for decades. The federal courts have been raising the bar higher and higher to make it nearly impossible for anyone to challenge the actions of government agencies or public officials. Specifically a complaint that is shared generally by much of the population cannot establish standing.
Contrary to strongly-held popular belief, the U.S. Supreme Court has clearly ruled that taxpayers do not have standing to challenge government spending, revenue, or action merely because they are taxpayers. See, Daimlerchrysler Corp. v. Cuno, 126 S.Ct. 1854, 164 L.Ed.2d 589, 547 U.S. 332 (2006). So the Left cannot block Trump’s plans by suing as taxpayers. (The only exceptions involve use of funds to establish a religion or local government taxpayers.)
To bring a lawsuit, one must show that they are tangibly harmed, personally, not just in disagreement with a policy. If Trump uses some of the $700 billion in the omnibus bill to build a border wall, everyone will be more safe. How is anyone harmed?”
….read more @ BigLeaguePolitics
Fact Sheet: The Secure Fence Act of 2006 – The White House Archives
“The Secure Fence Act Builds On Progress Securing The Border
….read more @ George Bush White House Archives