This is what Trump should do-- Shut down the border to all immigration, but allow commerce. Then tell congress he will open it again when they have fully funded the wall and do something to fix the ridiculous asylum laws.
The media is missing the point about the president’s inherent and delegated authority to deny entry at the border and the most prudent way to use it. Through statute and case law, the president’s 212(f) authority overrides all other immigration processes, including asylum requests, but it’s important to remember that it’s not an all-or-nothing proposition. It’s not an on-or-off circuit breaker on the operation of our border. There are modules on that switch that the president can engage to strategically address the current situation.
Let’s again review the language of the relevant statute, 8 U.S.C. §1182(f):
Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.
Even if the rest of the general operating statutes were broken (they are not), this statute alone supplies the president with all the authority he needs to deal with such an urgent and devastating crisis, at least in the relative short run. If members of Congress were to get together and craft a new law with the intent of giving the president more power to shut down what is happening today, they could not conceivably have written anything strong than this existing law, which has been in place, in some form, since 1893, particularly to keep out those with diseases.
The law is saying that the president can shut down all migration or any type of migration, while leaving others in place.