scholarly journals Donald Trump’s Border Wall and Treaty Infringement

2019 ◽  
Vol 12 (1) ◽  
pp. 3
Author(s):  
Kristi Sutton ◽  
Inan Uluc

Historically, the relationship between Mexico and the United States was one of respect, understanding, and cooperation. Geographic proxim¬ity demands that the two nations exist in harmony and collaborate to maintain a safe border and sustainable water consumption. However, with increasing frequency, the Department of Homeland Security challenges bi-lateral treaties entered into by Mexico and the United States. These treaties continue to face infringement as U.S. Presidents, past and present, build larger, longer south¬ern border walls. This article explores the federal laws supporting this border construction and further discusses the sparse caselaw examining constitutional challenges raised against the Department of Homeland Security regarding the Secretary’s waiver authority. Following this exploration, this study probes into the powers of treaty law as strong legal authority used to challenge and prevent future wall construction.

Subject Prospects for the United States in the second quarter. Significance Congress met yesterday in a joint session for an address from Israeli Prime Minister Binyamin Netanyahu -- with about a quarter of Democrats boycotting and the White House criticising both the invitation and the content of the address. The address underscores the major trend in US politics in 2015: gridlock and partisanship so pervasive that it has infected one of the major issues of bipartisan agreement, the relationship with Israel. Speaker of the House John Boehner's failure to pass a three-week continuing resolution on Department of Homeland Security (DHS) funding on February 27 highlights that Washington dysfunction is not simply the product of different policies between the parties, but an inability of the Republican party to use its control of both houses of Congress to pass legislation.


Author(s):  
María Cristina García

In response to the terrorist attacks of 1993 and 2001, the Clinton and Bush administrations restructured the immigration bureaucracy, placed it within the new Department of Homeland Security, and tried to convey to Americans a greater sense of safety. Refugees, especially those from Iraq, Afghanistan, and Syria, suffered the consequences of the new national security state policies, and found it increasingly difficult to find refuge in the United States. In the post-9/11 era, refugee advocates became even more important to the admission of refugees, reminding Americans of their humanitarian obligations, especially to those refugees who came from areas of the world where US foreign policy had played a role in displacing populations.


2021 ◽  
pp. 95-142
Author(s):  
David Hughes McElreath ◽  
Daniel Adrian Doss ◽  
Barbara Russo ◽  
Greg Etter ◽  
Jeffrey Van Slyke ◽  
...  

2020 ◽  
Vol 48 (2) ◽  
pp. 391-405
Author(s):  
Nathan K. Hensley

“We saw no issues,” reports the Department of Homeland Security in a self-study of its practices for detaining children at the US–Mexico border, “except one unsanitary bathroom.” The system is working as it should; all is well. “CBP [Customs and Border Protection] facilities we visited,” the report summarizes, “appeared to be operating in compliance with the 2015 National Standards on Transport, Escort, Detention, and Search.” A footnote on page 2 of the September 2018 document defines the prisoners at these facilities, the “unaccompanied alien children,” as “aliens under the age of eighteen with no lawful immigration status in the United States and without a parent or legal guardian in the United States ‘available’ to care and [provide] physical custody for them.” Available is in scare quotes. This tic of punctuation discloses to us that the parents of these children have been arrested and removed. They are not available, and cannot take physical custody of their children, because they themselves are in physical custody. In a further typographical error, the word “provide” has been omitted: the children are without a parent or legal guardian in the United States “available” to care and physical custody for them. The dropped word turns “physical custody” into a verb and sets this new action, to physical custody, in tense relation to “care.”


2018 ◽  
Vol 46 (1) ◽  
pp. 45-52
Author(s):  
Silas W. Allard

On October 12, 2017, the United States Attorney General, Jeff Sessions, took a short trip from Pennsylvania Avenue across the Potomac to Falls Church, Virginia. The Attorney General went to Falls Church to address personnel of the Executive Office of Immigration Review (EOIR), the agency that administers the United States’ immigration courts. The Attorney General's chosen topic for the day was “the fraud and abuse in our asylum system.” “Over the years,” the Attorney General argued, “Congress has rationally passed legislation designed to create an efficient and fair procedure to properly admit persons andexpedite the removalof aliens who enter the United States illegally.” The Attorney General is referring here to the “expedited removal” procedures that Congress created in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Expedited removal gives the Department of Homeland Security the power to deport, without a hearing, any person who was not admitted to the United States and who cannot prove continuous presence for the prior two years. The Department of Homeland Security currently exercises a narrower expedited removal authority pursuant to the Department's prosecutorial discretion. Only individuals apprehended within two weeks of entry and within 100 miles of a land border are subject to expedited removal, per Department regulations.


Prometheus ◽  
2003 ◽  
Vol 21 (3) ◽  
pp. 347-353
Author(s):  
Kei Koizumi ◽  
Joanne Carney ◽  
David Cooper ◽  
Al Teich

2008 ◽  
Vol 6 (4) ◽  
pp. 11
Author(s):  
Jeffrey L. Reibestein, BA

In September 2007, the United States Department of Homeland Security (DHS) published the National Preparedness Guidelines which advocate a capabilitiesbased planning (CBP) approach to preparedness for state, local, and tribal governments. This article provides an overview of capabilities-based planning and a more specific focus on the aims, objectives, and components of the DHS CBP model. The article also summarizes what scholars have previously suggested are fundamental elements for successful emergency and disaster planning focusing specifically on Quarantelli’s 10 research-based principles. The article evaluates the effectiveness of the DHS CBP model in helping local governments incorporate these fundamental elements into their planning efforts and concludes with an overall assessment of the DHS CBP model as a framework for local planning success.


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