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Trump will have broad power to crack down on immigration

This article was in USA today describing the powers Trump will have when he is in power in January:

So how big will Donald Trump's wall really be?

The wall along the southwest border with Mexico was one of the president-elect's signature campaign promises, as he railed against illegal immigration and vowed to seal the borders against criminals, terrorists and millions of people trying to enter the United States legally. Now, immigration experts are trying to figure out exactly how those policies will work in a Trump administration.

And so far, it looks like he will be able to follow through on many of his pledges — with or without help from Congress.

"Generally speaking, any president has wide discretion when it comes to enforcing our immigration laws because immigration touches on national sovereignty," said Stephen Yale-Loehr, a professor at Cornell Law School and author of a 21-volume treatise, Immigration Law and Procedure.


The first, and possibly easiest, change Trump can make is redirecting the Department of Homeland Security to ramp up deportations. At the beginning of the campaign, Trump said all 11 million undocumented immigrants in the country must go. In the closing months, he talked more about deporting immigrants with criminal records — "bad hombres" — and opened the possibility of finding a way for some to remain in the country.

In an interview that aired Sunday on CBS' 60 Minutes, Trump said he plans to immediately deport 2 million to 3 million undocumented immigrants. Trump said he would emphasize criminals before deciding about law-abiding families illegally in the country.

Trump would need congressional approval to hire more Border Patrol agents to monitor the frontier and Immigration and Customs Enforcement agents to round up immigrants living in the interior of the country. Trump doesn't need any new money to change the focus of the immigration agents who are already in place, said Ali Noorani, executive director of the National Immigration Forum, an immigrant advocacy group.

"If the Department of Homeland Security secretary greenlights, simply in tone, the ramping up of enforcement actions, that is a system that can wreak havoc very, very quickly," Noorani said.

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Please note that the author of this blog and webiste, Sean Gjerde is NOT an attorney in the State of California (He holds other licenses) and as such is unable to provide any specific legal advice on California Law. The author is NOT engaged in providing any legal services, and any information contained in this blog and website is NOT intended to constitute legal advice.