PRESERVE, PROTECT and CONDEMN
by
FRANK M. GENNARO

"Preserve, Protect and Condemn explores the future of government controlled healthcare in America. The bad news is that you might not have one."

FRANK ON FRIDAY – Title 8, Not Title 42

It’s obvious to anyone with a brain and two eyes that our southern border situation is out of control.  All the news this week has been about the the expected end of Title 42 restrictions on the entry of aliens.  Democrats want to end the restrictions.  Republicans want to extend the restrictions.  There’s lots of yelling, bitching, name-calling and lawsuits.  But just what is the big deal about Title 42?  Federal laws are contained in the United States Code.  The U.S. Code is broken down into sections (Titles) that cover different areas of the law.  For instance, federal crimes are contained in Title 18.  Title 42 deals with public health.  Title 42 became a concern at the border with the advent of the Wuhan plague.  It gives the federal government the ability to take emergency action to keep communicable diseases out of the country.  One way to achieve this goal is to deny entry to illegal aliens (a/k/a migrants) who show up at the southern border.  The Trump Administration adopted the Title 42 provision to control illegal border crossings during the Wuhan crisis.  It made sense.  After all, the Wuhan has killed 1.1 million people in the U.S., and another 1.7 million in Latin America.  Of course, Trump was castigated for invoking Title 42.  NBC News described the Trump Administration’s use of Title 42 as follows, “Trump invoked the law when the coronavirus pandemic broke out, ostensibly to prevent the spread of Covid, but mostly to drum out migrants more quickly and without having to consider them for asylum.  The Biden administration has continued to expel migrants from the country under the law.  More than 2 million people have been expelled since Trump put it into effect.”  Don’t you just love a fair report?  And how screwed up in the head are the people on the Left?  The people who label Trump’s exclusion of illegal aliens during a pandemic as racist, are the same people who locked American citizens in their homes, and banned them from attending church services.  That said, NBC isn’t totally wrong about there being an ulterior motive for invoking Title 42.  More about that later.  The news this week has been what will happen if Title 42 restrictions are ended.  Corrupt Demented Imbecile Joe Biden has declared the pandemic over, so logically, the Title 42 restrictions should end as well.  However, logic has nothing to do with our present situation.  Critics warn that, should Title 42 end, there will be a flood of illegals crossing the border.  The pertinent question, however is, how can things get any worse?  In the last 3 months alone, border agents have encountered 617,000 aliens crossing the border.  An additional 204,000 are considered “got aways,” aliens who got into the country without being “processed” by border agents.  That’s about 7,000 a day, or 2.5 million a year.  And it’s not a new development.  These multitudes have been coming across the border since Biden was elected.  The area around El Paso, Texas is hardest hit.  The Biden Administration has responded by building a tent structure more than 100 yards long, to accommodate 1,000 “migrants.”

That’s a fine gesture, but won’t help much, with more than 10,000 illegals a week crossing the Rio Grande, and even popping out of manhole covers in the city.  One wonders how things can get worse.  But the Biden Administration seems content with the situation, as it continues to exist in a dream world, pretending that the border is under control.  Biden spokes-idiot Karine Jean-Pierre has repeatedly claimed that the border is secure.  On the subject of the potential end of Title 42 restrictions, she said this week, “We are advancing our preparations to manage the border in a secure, orderly, and humane way when Title 42 eventually lifts and will continue expanding legal pathways for immigration.”  Huh?  You have to hand it to them.  No matter how dark it gets, they just keep pulling down the shades.  But an even greater inflow of illegals is expected should Title 42 restrictions end.  To that end, a federal judge in Louisiana issued a stay, preventing the restrictions from being lifted.  The Biden Administration, apparently not content with admitting only 2.5 million illegals a year, wants the stay lifted.  This week, the Supreme Court extended the stay, preventing the restrictions from being lifted, and scheduled argument on the issue in February.  Back to ulterior motives.  The Supreme Court vote was 5-4 in favor of continuing the restrictions.  Justices Roberts, Thomas, Alito, Kavanaugh and Barrett voted for the stay.  Justice Gorsuch joined the liberals, Sotomayor, Kagan and Brown Jackson, voting against continuing Title 42.  But the 4 Justices in the minority voted that way for different reasons.  The 3 liberal women are not judges, they’re liberal rubber stamps for whatever loony Leftist garbage the Democrats are looking to foist on the populace this week.  Justice Gorsuch voted with them based on principle, writing, “Even the federal government acknowledges that the end of the Title 42 orders will likely have disruptive consequences.  But the current border crisis is not a COVID crisis.  And courts should not be in the business of perpetuating administrative edicts designed for one emergency only because elected officials have failed to address a different emergency.  We are a court of law, not policymakers of last resort.”  Amen brother.  Justice Scalia has to be smiling down on Justice Gorsuch.  I feel like Diogenes, I’ve finally found an honest judge, or to be more accurate, I’ve found a judge, not a partisan who’s advancing some agenda.  The real problem is that our government has abdicated its authority.  Article I of the Constitution vests Congress with the duty to make immigration laws.  And indeed, past Congresses have done just that, enacting Title 8 of the U.S Code, which pertains to all issues of immigrants and immigration.  The present Congress, and its recent incarnations have abandoned their duty.  We’re told that the laws are unfair and need changing.  It that’s true, then only Congress can do it, but they won’t.  The truth is we don’t need Title 42 to control illegal border crossings.  All we need a president who is willing to enforce the provisions of Title 8.  We don’t have one.  Did you know that section 1157 of Title 8 says the president must set the number of refugees to be admitted each year?  Has Sleepy Joe done that?  Section 1182 permits the exclusion of immigrants who aren’t vaccinated, or who have mental disorders, or drug habits.  Is anyone asking those questions?  That section permits the exclusion of criminals and persons committing crimes, like prostitution and drug smuggling.  What is Biden doing to stop the influx of human traffickers and drugs like fentanyl, being sent in by the Mexican cartels?  Nothing.  And it’s not a mistake, not a failure of policy, or a case of ignorance because Biden won’t visit the border.  It’s exactly what Biden and Company want.  They could end the crisis today if they chose to, using the border wall and the provisions of Title 8, but they won’t.  Forget about Title 42 and just enforce the law.

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