David Marcus Is Right, But He Doesn’t Go Far Enough To Truly Deal With Biden’s Illegal Immigration Tsunami

Our Constitution does not sanction such an idiotic outcome no matter what six elite “geniuses” declare from on high.

In an op-ed on Fox News yesterday, David Marcus lays out a couple of ideas to deal with Joe Biden’s illegal immigration tsunami in light of the U.S. Supreme Court’s apparent move to require hearings for every illegal immigrant targeted for deportation. As I noted two days ago, the judicial branch had no issue with Biden violating laws to flood America with illegal immigrants, including many engaged in criminal activity, but is apoplectic about Donald Trump simply wanting to return those illegal immigrants to their home countries. Perhaps Republican groups and state attorney generals should have been more aggressive in filing lawsuits in Trump appointee judicial meccas demanding nationwide injunctions to stop the flood. Nonetheless, Marcus proposed two ideas:

Any person or company who hires an illegal, knowingly or unknowingly, pays a $25,000 fine, per person. This would apply not only to faceless corporations, but to any rich couple from the Hamptons to Beverly Hills who hires an illegal immigrant nanny or landscaper.

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There must also be a complete and total shutdown of any and all federal benefits going to those in the country illegally. The judiciary may be able to stop us from kicking illegals out of the country, but they can’t force us to buy their food and pay their rent.

Both ideas represent a great start. To facilitate the first idea, the Trump Administration should institute the use of the E-Verify system for anyone hired for any purpose from Fortune 500 workers to nannies, with the person’s data crossed with both Internal Revenue Service and Social Security Administration data (e.g., "no match” letters when a SSN submitted doesn’t match the users data). Additionally, every individual, corporation, and non-profit tax return should include a sworn statement that the individual, business, or non-profit did not employ at any time an illegal immigrant, with a false statement equating to a felony. These actions should go a long way to drying up the demand side of the equation fed by Biden’s illegal flood.

Marcus should have gone even farther in his proposals. Here are a few additions that should make remaining in America illegally even more inhospitable.

First, the Trump Administration should use available federal land in blue states like California, New York, Massachusetts, Vermont, Rhode Island, Colorado, Washington, and Oregon to build tent camps to house all illegal immigrants like you see in the Middle East for Palestinians. This action accomplishes four key goals: (1) it removes illegal immigrants from the red and purple states that Biden flooded with illegals in order to alter how those state vote, (2) it removes potential criminal elements from the general U.S. population and confines them to the camps, (3) it puts them in undesirable locations raising the likelihood they will voluntary self-deport, and (4) it concentrates them so the Trump Administration can efficiently give them the "due process” hearings pushed by the judicial branch. If the judicial branch thought it was okay to round up Americans during World War II and stick them in concentration camps (See Korematsu v. U.S.), doing something similar to non-citizens certainly must be fine.

Next, the Trump Administration should institute a rotating six-month assignment for all district and appellate court judges to preside over immigration cases in the tent camps. If the judicial branch wants to pontificate about due process for non-citizens here illegally, then they should be part of the solution in providing that due process. The assignments should require these judges to stay at low-cost motels and hotels, with minimal food and beverage per diems. Federal judges live cloistered lives with excellent pay and benefits in exchange for less than a forty-hour work week. When forced to put their posh lifestyles on the line, perhaps their due process concerns for non-citizens here illegally will be more tethered to the Constitution.

Though petty, the Trump Administration also should acquire homes next to judges pushing for extraconstitutional protections for illegal immigrants and relocate those illegal immigrants into these group homes. U.S. Immigration and Customs Enforcement should ensure many of those illegal immigrants living in the group homes are criminal ones, so the judges and their families can experience the same dangerous conditions faced by many Americans, including those who have been murdered by illegal immigrants like Laken Riley and Jocelyn Nungaray.

Finally, the Trump Administration should propose a new visa program similar to the bracero program that makes future eligibility for that program a return to the applicant’s home country and an in person check-in at the closest U.S. embassy or consulate. America will need lower wage workers in agriculture, hospitality, roofing, and other industries, so such a program is simply moving existing and future workers from being illegal to legal. This new program also should include a component in which a percentage of wages earned are held in trust by the federal government that will only be released to the worker upon returning to his home country and reporting to the closest U.S. embassy or consulate. Future eligibility should depend on leaving when the seasonal visa expires.

As someone who has spent his whole career defending the Constitution and pushing for an originalist view of it, it is patently absurd that Biden can flood America with illegal immigrants who have no right to be here and who inherently are not entitled to the full protections of the Constitution, while Trump is hamstrung to remove those illegal immigrants without costly, inefficient, slow-moving judicial processes. Such a ridiculous interpretation is literally shutting the barn door after the horse is out. As I noted previously, the Supreme Court is setting a dangerous precedent that will incent Democrat presidents to allow as many illegal immigrants into America as possible knowing that Republican presidents will largely be powerless to remove those illegal immigrants. Our Constitution does not sanction such an idiotic outcome no matter what six elite “geniuses” declare from on high.

In terms of those genius judges, back in September 2016, I wrote an op-ed as part of my contributor role with U.S. News and World Report. In “Government Is Too Smart,” I wrote:

Increasingly over the last few decades, presidents, members of Congress and Supreme Court justices have filled the top ranks of their staff with men and women who have spent most of their lives since turning 18 in elite institutions. Those institutions include exclusive universities and graduate schools; top law, consulting and Wall Street firms; and government institutions like the judiciary and executive branches.

Don't get me wrong. Many of these individuals are good people with high IQs and great schooling. Perhaps that is the problem. Our leaders are geniuses who can debate the nuances of Keynesian economic theory, why a footnote in a 100-year-old Supreme Court case will determine the outcome of a constitutional issue today, or how a Westphalian foreign policy approach can calm the Middle East. They, however, miss the forest for the trees. As a result, they use their God-given brainpower to devise policy that theoretically sounds good, but fails to work in the real world.

As a result, our government is run by people so thoroughly disconnected from the common sense of Main Street America that they utterly fail to understand why, as Peggy Noonan noted, the "unprotected" are now rebelling.

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The simplest answer to a complex problem is usually the right answer. Simple, unfortunately, isn't synonymous with superior academic achievement. Simple often requires a large dose of common sense and a base understanding how an action will impact the real world. People who haven't lived in the non-elite real world since high school, no matter how well-intentioned and smart, struggle with those two vital elements.

Perhaps our government doesn't work well because those running it aren't tethered to how the rest of America lives and works. Government simply has gotten too clever by half.

Nine years later, I think the judicial branch’s assault on Trump’s Article II powers is because the judges leading that assault frankly believe they are smarter and know better than Trump and the rest of us what is best for America. Hopefully, as Trump appoints political staff and new judges, he will look for Main Street Americans who bring common sense and real life experiences to aid them in making sure our government functions as it should, not as elite eggheads who enjoy navel gazing about how many angels can fit on the top of a pin want it to.

P.S. On Intel Ohio news, it appears that the rumors about TSMC partnering with Intel are false. In related news, Nvidia announced it is building an AI supercomputer facility in Texas as part of a $500 billion investment in America. Arizona also looks to get some of those funds. Ohio, sadly, hasn’t been mentioned yet. "Nvidia wrote in a blog post that it has commissioned more than 1 million square feet of manufacturing space. Its Blackwell AI chips have started production in Phoenix at Taiwan Semiconductor plants. In Arizona, Nvidia will also partner with Amkor and Siliconware Precision Industries, which provide chip packaging and testing services. The company designs its GPUs, but outsources its chip production to contract manufacturers like TSMC.”