A report published late last week suggested that should Republicans retake control of the House after the November midterm elections, they would have another reason to impeach President Joe Biden.
According to the Center for Immigration Studies, the Biden administration, by its failure to faithfully secure the U.S.-Mexico border, is in violation of the 2006 Secure Fence Act, which mandates border enforcement.
“The Southwest border, which prior to January 2021 was in pretty good shape, is teetering on dissolution due largely to President Biden’s ham-handed rescission of nearly all of the policies his predecessor implemented to deter illegal migration there,” writes Andrew Arthur, the resident fellow in law and policy for CIS.
“States have sued (thus far, successfully) to block Biden from rescinding the most effective of those Trump policies, but for some reason neither they nor reviewing courts have paid attention to the most important border law — the Secure Fence Act of 2006,” Arthur continued.
The report notes further:
Its title notwithstanding, the Secure Fence Act is not just about building fences at the border, although that is what it is best remembered for.
Rather, the fences and other infrastructure that the bill authorized and mandated were intended to be just a part of a regime to secure the nation’s borders, and in particular the Southwest border. That’s not to say that the Northern border was given short shrift, but the bill simply authorized a study of the need for and feasibility of erecting infrastructure along the 49th parallel, it did not mandate construction there.
By contrast, the Secure Fence Act was rather exacting (and specific) when it came to “fencing and security improvements” between the Gulf and Mexico and the Pacific Ocean.
Signed into law by then-President George Bush, Section 2 of the measure mandates “achieving operational control on the border,” something that does not appear to be occurring given the record numbers of encounters with illegal migrants since Biden took office and reversed Trump’s policies.
Why Isn’t Anyone Talking About the Most Important Border Law?
The Secure Fence Act of 2006 isn’t just about fences — it mandates that DHS prevent all illegal entries https://t.co/tK8AOotqr0 via @CIS_org
— Mark Krikorian (@MarkSKrikorian) April 8, 2022
DHS Secretary Alejandro Mayorkas, is required under the law to ensure “operational control,” Arthur writes.
“It is a congressional mandate that the secretary of Homeland Security is required to meet under Section 2(a) of the Secure Fence Act, which states as follows,” he noted, adding the relevant section:
Not later than 18 months after the date of the enactment of this Act, the Secretary of Homeland Security shall take all actions the Secretary determines necessary and appropriate to achieve and maintain operational control over the entire international land and maritime borders of the United States.
Arthur went on to point out that the law has no “sunset provision” so its border enforcement mandates are fully in force.
“To be clear, Section 2 of the Secure Fence Act mandates that Mayorkas ‘take all actions’ he has to in order to ‘achieve and maintain operational control over the entire international land and maritime borders of the United States,’ that is, to prevent even a single alien from entering the United States illegally. More than 500,000 got-aways proves that he is failing to do so,” Arthur adds.
The resident fellow has also pointed out that Biden and Mayorkas are in violation of Section 235 of the Immigration and Nationality Act, which requires that all migrants caught crossing illegally into the U.S. be detained (or deported) until their cases are heard by an immigration judge.