Constitutional Emergency

From General Paul Vallely:

1. Recommendation. President Trump’s first act should be an Executive Order designed to secure the nation’s southern border and adjoining maritime areas. This order should place the Southern Border under the control of the Department of Defense, specifically, the U.S. Army, until the President concludes the land border with Mexico is secure.
2. Background. The President must act to protect the American people. Since 2001, the U.S. Government has invested far more resources to protect Afghan and Iraqi citizens from their own ethno-religious, tribal, and criminal conflicts than it has invested in securing its own borders against dangerous criminals and terrorists passing themselves off as "undocumented workers," as well as those unscreened, law-breaking illegal entrants. It is time to invest the United States’ money and military resources in the security of the United States’ land border with Mexico. The PRI regime that ruled from 1911-1991 was at least able to maintain the façade of law and order. This is no longer the case with the current government.
3. Securing the Border. An executive order (EO) will require a finding IAW with EO 13627, Trafficking in Persons, and the Immigration Reform and Control Act of 1986, PL 99-603, that trafficking in persons, violent drug cartels, uncontrolled alien border crossings without the necessary vetting and authorization as provided in Federal Law and associated serious criminality, both in the border region and across the U.S. all pose an imminent threat to national security. The EO will, then, stipulate the following:
a. Department of Defense (DoD) is the lead agency for security and surveillance of the border region. Department of Homeland Security (DHS) is lead agency for apprehension and deportation of aliens, with support from DoD. Department of Justice (DOJ) is lead agency for pursuit of civil penalties against those unlawfully employing aliens without authority to work in the United States.
b. All illegal aliens shall be immediately returned to the interior of the country (> 100 miles) from which they entered the US (disincentive to Mexico to facilitate 3rd country's nationals' movement).
c. Illegal aliens shall be afforded no judicial or administrative hearing before deportation.
d. Department of Defense shall be supported by DHS and Department of Transportation in taking action to secure and apprehend illegal border crossers, and immediately deport same. All agencies will make reports to the Vice President (VP) monthly.
e. DoJ shall pursue civil penalties against any US person who employs an alien without authorization to work in the U.S. DHS shall establish an online database for employers to query before hiring workers. It shall not be a defense to payment of a civil penalty if proof of a database query does not exist.
f. ICE shall establish an anonymous reporting channel for citizens to report any alien employed without legal authority. ICE shall submit a list to the VP of all such persons reported to DOJ monthly. DHS IG shall monitor all reporting and disposition.
g. The Attorney General shall report individual disposition of all such cases to the VP monthly.
h. DoD shall scrupulously abide by provisions of the Posse Comitatus Act, and legal authorities prohibiting national intelligence collection on US persons.
4. A secure southern border is defined by the following conditions:
a. The U.S. land border with Mexico (excepting selected mountainous areas) is demarcated and secured by a double concrete-and-steel barrier that is under persistent surveillance 24 hours, 7 days a week and over-watched by armed rapid response teams authorized to use deadly force if necessary to prevent invasions of or intrusions into United States territory. Intrusions include any or all of the following: armed criminals, people unwilling to wait for legal entry, overzealous or corrupt Mexican security;
b. The volume of illegal drugs and illegal aliens entering the U.S. is reduced to a level that the Federal Border Police and DHS/ICE resources can effectively interdict without the assistance of the U.S. Army;
c. U.S. maritime frontiers are secured with persistent surveillance backed by armed rapid response teams also authorized to use deadly force if necessary to prevent invasions or intrusions into the U.S.
d. The number of illegal aliens inside the United States does not exceed 2% of the American population;
5. Summary. President Trump’s first Executive Order must be matched by resolute domestic police action to round up, biometrically tag, and expel illegal aliens with a clear warning that a second offense will mean a long prison term at hard labor. Simultaneously, the Federal Government must expedite the construction of a dual-barrier border "fence" with a no-go zone and unattended sensors between the two barriers. As soon as the barrier is in place, the Army National Guard and Air National Guard can replace the U.S. Army and assist the Border Police to secure the southern border with as much force as is required.

Douglas Macgregor
Colonel (ret) U.S. Army, PhD
EVP, Burke-Macgregor Group, LLC
703-975-6954
See Attachment
Additional Issues for Consideration.

Under Posse Comitatus, DoD cannot enforce domestic law. However, POTUS can use O&M and redeploy forces to secure the border. Given DoD responsibilities and authorities in EO 13627, Trafficking in Persons, and the Immigration Reform and Control Act of 1986, PL 99-603, it is possible to build a wall, although as a construction project, by present fiscal authorities the President would still need a specific appropriation for building a border wall system.

As a prefatory matter, the Office of the President needs to make a finding in the EO that trafficking in persons, violent drug cartels, uncontrolled alien border crossings, without necessary vetting and authorization as provided in federal law, and associated serious criminality, both in the border region and across the United States, all pose an imminent threat to the national security.

Other matters for consideration in a future Executive Order:
1. DoD would be the lead agency for security and surveillance of the border region. DHS would be lead agency for apprehension and deportation of aliens, with support from DoD. DOJ is lead agency for pursuit of civil penalties against those unlawfully employing aliens without authority to work in the United States.
2. All illegal aliens shall be immediately returned to the interior of the country (> 100 miles) from which they entered the US (disincentive to Mexico to facilitate 3rd country's nationals' movement).
3. Illegal aliens shall be afforded no judicial or administrative hearing before deportation.
4. Department of Defense shall be supported by DHS and Dept of Transportation in taking action to secure and apprehend illegal border crossers, and immediately deport same. All agencies will make reports to the VP monthly.
5. DoJ shall pursue civil penalties against any US person who employs an alien without authorization to work in the U.S. DHS shall establish an online database for employers to query before hiring workers. It shall not be a defense to payment of a civil penalty if proof of a database query does not exist.
a. ICE shall establish an anonymous reporting channel for citizens to report any alien employed without legal authority. ICE shall submit a list to the VP of all such persons reported to DOJ monthly. DHS IG shall monitor all reporting and disposition.
b. The Attorney Geneneral shall report individual disposition of all such cases to the VP monthly.
6. DoD shall scrupulously abide by provisions of the Posse Comitatus Act, and legal authorities prohibiting intelligence collection on US persons.

Paul E. Vallely - The General's Group
https://www.facebook.com/groups/127220340622838/

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