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President Biden ends national emergency on southern border

By David Singer - posted Friday, 29 January 2021


President Biden – in his first day in office – has put up the white flag against stopping illegal immigration through the southern border by issuing the following proclamation:

I, JOSEPH R. BIDEN JR., President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States of America, including section 202 of the National Emergencies Act (50 U.S.C. 1601 et seq.), hereby declare that the national emergency declared by Proclamation 9844, and continued on February 13, 2020 (85 Fed. Reg. 8715), and January 15, 2021, is terminated

The national emergency that President Biden terminated was detailed in Proclamation 9844 by then President Trump:

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"The current situation at the southern border presents a border security and humanitarian crisis that threatens core national security interests and constitutes a national emergency. The southern border is a major entry point for criminals, gang members, and illicit narcotics. The problem of large-scale unlawful migration through the southern border is long-standing, and despite the executive branch's exercise of existing statutory authorities, the situation has worsened in certain respects in recent years. In particular, recent years have seen sharp increases in the number of family units entering and seeking entry to the United States and an inability to provide detention space for many of these aliens while their removal proceedings are pending. If not detained, such aliens are often released into the country and are often difficult to remove from the United States because they fail to appear for hearings, do not comply with orders of removal, or are otherwise difficult to locate. In response to the directive in my April 4, 2018, memorandum and subsequent requests for support by the Secretary of Homeland Security, the Department of Defense has provided support and resources to the Department of Homeland Security at the southern border. Because of the gravity of the current emergency situation, it is necessary for the Armed Forces to provide additional support to address the crisis."

President Biden has not given any reasons for believing this national emergency is over.

Indeed the continued existence of this national emergency is confirmed by the following indicators:

  • 400,651 apprehensions at the US-Mexico border in the 2020 fiscal year (October 2019-September 2020) – despite the movement of migrants in the Americas having been slowed during the COVID-19 outbreak, with governments fully or partially closing their borders to stem its spread.
  • U.S. Border Patrol agents having interdicted five human smuggling cases resulting in multiple arrests of 60 Illegal Aliens in the Rio Grande Valley since 19 January 2021
  • The arrest of over 100 illegal immigrants and 5 drug smugglers near Valentine, Texas on 18 and 19 January 2021
  • Since 1 October 2020 - Del Rio Sector has encountered more than 31,000 individuals, approximately a 193 percent increase over the same time last year.

The White House media press corps should take the opportunity to ask the President or his Press Secretary the following three questions:

  • What facts does President Biden rely on to conclude that the national emergency at the southern border no longer exists?
  • Why is the President's declaration titled a "Proclamation" and not an "Executive Order" – the only Proclamation issued on 20 January 2021?
  • Why did the President sign his Proclamation bearing the following date:
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"IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of January, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth."

-whilst simultaneously executing an Executive Order dated "21 January 2021" – revoking the establishment of President Trump's Advisory 1776 Commission?

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About the Author

David Singer is an Australian Lawyer, a Foundation Member of the International Analyst Network and Convenor of Jordan is Palestine International - an organisation calling for sovereignty of the West Bank and Gaza to be allocated between Israel and Jordan as the two successor States to the Mandate for Palestine. Previous articles written by him can be found at www.jordanispalestine.blogspot.com.

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Creative Commons LicenseThis work is licensed under a Creative Commons License.

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