Executive Order 13767

Executive Order 13767
Border Security and Immigration Enforcement Improvements
Seal of the President of the United States
A map of North America, centred and zoomed in to focus on the Mexico–United States border
Executive Order 13767, as published in the Federal Register
Type Executive order
Executive Order number 13767
Signed by Donald Trump on January 25, 2017 (2017-01-25)
Federal Register details
Federal Register document number 2017-02095
Publication date January 30, 2017 (2017-01-30)
Document citation 82 FR 8793
Summary
  • Calls for construction of a physical wall across the southern border of the United States
  • Calls for the hiring of additional Border Patrol agents

Executive Order 13767, titled Border Security and Immigration Enforcement Improvements, is an executive order issued by United States President Donald Trump on January 25, 2017.[1][2] The order directs a wall to be built along the Mexico–United States border.

The wall was a central presidential campaign promise.[3] Trump stated in his 2015 announcement speech that he would "have Mexico pay for that wall",[4] and Mexican president Enrique Peña Nieto has stated that the country would "never pay for a wall".[5] The government is seeking $18 billion in funding.[6]

In late 2017 the Department of Homeland Security paid about $3 million for the construction of eight prototypes near San Diego, with local taxpayers spending about $2.3 million in security.[7] In November 2017 SWF Construction won an $18 million contract to replace an existing 2 mile wall[6] in Calexico. Construction began in February 2018.

Provisions

The order directs "executive departments and agencies ... to deploy all lawful means to secure the Nation's southern border, to prevent further illegal immigration into the United States, and to repatriate illegal aliens swiftly, consistently, and humanely", and states that "It is the policy of the executive branch to secure the southern border of the United States through the immediate construction of a physical wall on the southern border."[8]

Funding

The executive order, signed on January 25, 2017,[9] calls for construction of "a physical wall along the southern border" and defines wall as "a contiguous, physical wall or other similarly secure, contiguous, and impassable physical barrier."[8]

The order did not estimate a cost for the wall project.[10] An internal report by the Department of Homeland Security acquired by Reuters in February 2017 estimated that Trump's proposed border wall would take an estimated 3.5 years to build and cost $21.6 billion, an estimate far higher than figures given by Trump during the campaign.[11]

Congress has not appropriated funds for either the wall or the 5,000 additional Border Patrol agents called for by Trump's order.[12][13][14] In the United States, setting the federal budget and appropriating funds is the role of Congress, not the executive branch, and the Antideficiency Act bars the government from expending funds without a congressional appropriation.[13] Thus, despite the executive order's call for "immediate" construction of a border wall,[10] the impact of the order is limited, although the U.S. Department of Homeland Security could engage in initial planning.[13]

Trump repeatedly said that Mexico will pay for the construction of the border wall, but did not explain how the U.S. government would compel Mexico to do so. Trump stated that "there will be a payment; it will be in a form, perhaps a complicated form".[14] The Mexican government has rejected Trump's statements and has rejected the idea of Mexico funding construction of a wall.[14][15] Upon signing the order, the Trump administration also suggested that wall construction could be funded by a 20% tariff on Mexico imports, a proposal which immediately encountered objections from members of Congress of both parties. After the negative response, White House Chief of Staff Reince Priebus indicated that the administration was considering "a buffet of options" for funding a wall.[16] In April 2016, Trump said that he would "'compel' Mexico to pay for a border wall by blocking remittances and canceling visas unless Mexico makes a one-time payment of $5 billion to $10 billion to the U.S."[17] Experts have identified a number of legal, economic, and practical obstacles to such a proposal, saying that it would be impossible to track all money transfers between Mexico and the United States, or to effectively block all remittances. Experts also expressed concerns that blocking remittances would harm the U.S. economy.[15][17] Brookings Institution fellow Aaron Klein said that a move to block remittances would be a reversal of the existing U.S. policy "to encourage the flow of money to come into the official system and to discourage the flow of funds through the underground network".[17]

U.S. Representative Michael McCaul, Republican of Austin, Texas, the chairman of the House Homeland Security Committee, said that the Republican-controlled U.S. House of Representatives would seek to pass a special supplemental (emergency) appropriations bill to spend money on initial construction of the wall, a demand of the Trump administration.[10][18] Such a supplemental spending bill is supported by House Speaker Paul Ryan.[18] However, Senate Democrats have expressed confidence that they can block an appropriations bill for wall construction, with the aid of some Republicans who also oppose the construction of a wall due to its enormous cost.[19][20] Speaking at a Trump rally on August 22, Trump threatened to close down the government if Congress did not approve funding: "The obstructionist Democrats would like us not to do it, but believe me, if we have to close down our government, we're building that wall."[21]

Design and planning

President Donald Trump displays the executive order, January 25, 2017

In February 2017, Trump stated that "the wall is getting designed right now" but did not offer specifics.[22] In March 2017, U.S. Customs and Border Protection (CBP) began accepting prototype ideas for a U.S.–Mexico border wall from companies and said it would issue of a request for proposals by March 24.[23][24]

The Associated Press reported "upwards of 200 organizations had expressed interest in designing and building" the wall for CBP.[25] By April 2017, several companies had released their proposed designs to the public. (CBP does not publicly release bids, and intends to name only the winning bid.) Various ideas advanced by companies included placing solar panels along part of a wall; placing artwork along the wall ("a polished concrete wall augmented with stones and artifacts" related to the local region); incorporating ballistics resistance technology and sensors for above ground and below ground penetration; and even the creation of a "co-nation" where the border is maintained by both countries in an open status.[25][26]

In June 2017, Trump has said that his proposed border wall should be covered with solar panels as a means of making "beautiful structures" and helping pay for the wall. This suggestion was criticized by experts as illogical or impracticable – Albert Pope of the Rice University School of Architecture noted that solar farms cannot be efficiently dispersed along a wall.[27][28] During the following month, Trump said that the wall should be "see through" in order to detect smugglers who "throw the large sacks of drugs over."[29][30]

Eminent domain

About two-thirds of the U.S.–Mexico border runs along private or state-owned lands, and the federal government would need to acquire such land through purchase or seizure (eminent domain) to build any border wall. The "process is likely to cost the government millions and could take years of complex litigation," as was the case for preexisting border walls.[31] In his budget request to Congress, Trump requested that the appropriation of funds for 20 U.S. Department of Justice lawyers "to pursue federal efforts to obtain the land and holdings necessary to secure the Southwest border."[32] In 2017, the Trump administration also revived condemnation litigation against landowners that had been previously dormant for years.[31]

Implications and reception

Impact on Mexico–U.S. relations

The executive order soured relations between the U.S. and Mexico. Mexican President Enrique Peña Nieto addressed Mexican citizens via a recorded message, in which he condemned Trump's executive order and again said that Mexico would not pay for the wall's construction. Following a Twitter feud between the two men in which Trump threatened to cancel a planned meeting with Nieto in Washington, Nieto decided to cancel the meeting himself.[33]

Addressing supporters, the Mexican opposition leader Andrés Manuel López Obrador condemned the wall order as an insult to Mexico, and demanded the Mexican government to pursue claims in the United Nations against the Trump administration.[34]

In March 2017, Mexican congressman Braulio Guerra of Querétaro climbed, but did not cross, an existing United States-Mexico 30-foot border fence dividing San Diego and Tijuana, saying that more walls would be ineffective. In a video, Guerra says atop the barrier: "I was able to scale it, climb it, and sit myself right here. It would be simple for me to jump into the United States, which shows that it is unnecessary and totally absurd to build a wall. It's easy, and it shows how unnecessary this project, this political rhetoric from Donald Trump, is."[35][36]

The Roman Catholic Archdiocese of Mexico strongly opposes a border wall, writing that any Mexican company that participates in construction of the wall or supplies materials for construction would be committing "treason against the homeland".[37][38]

Other international reactions

At the annual summit of the Community of Latin American and Caribbean States in January 2017, heads of state and foreign ministers from South America, Central America, and the Caribbean condemned the wall proposal.[39]

Benjamin Netanyahu, the prime minister of Israel, applauded the plan, endorsing it as a "Great success. Great idea." Netanyahu declared "Trump is right" and likened the proposal to the Israeli West Bank barrier.[40][41] Mexican officials were angered by Netanyahu's statement, and hours later Netanyahu's office issued a statement saying that "the prime minister was addressing Israel's unique circumstances and the important experience we have and which we are willing to share with other nations. There was no attempt to voice an opinion regarding U.S.–Mexico ties."[40][42]

Environmental impacts

The construction of a border wall, as envisioned in the order, could cause significant environmental damage, including habitat destruction and habitat fragmentation that would harm wildlife, including endangered species.[43][44][45] Some of the species that may potentially be affected include ferruginous bighorn sheep, black bears, and pygmy owls.[46]

In April 2017, the Center for Biological Diversity, an environmental group, and U.S. Representative Raúl M. Grijalva, the ranking Democratic member on the House Committee on Natural Resources filed a lawsuit in federal court in Tucson. In their complaint, Grijalva and the Center argue that the government's wall construction plans fail to comply with the National Environmental Policy Act, and seek to compel the government to carry out an environmental impact study and produce an environmental impact statement before building the wall.[47][48] The lawsuit specifically seeks "to stop any work until the government agrees to analyze the impact of construction, noise, light and other changes to the landscape on rivers, plants and endangered species – including jaguars, Sonoran pronghorns and ocelots – and also on border residents".[49]

Experts' response

Experts "have voiced doubts about whether a wall would actually stem illegal immigration, or if it is worth the billions it is expected to cost".[50] Critics have noted that the number of illegal immigrants in the U.S. had declined for several years before the order was signed, in part because of the Great Recession.[50]

Gil Kerlikowske, the former Commissioner of the Customs and Border Protection, stated that the rugged terrain in the Arizona desert is one of many natural obstacles in the construction of the wall. Kerlikowske also said that the border currently has 700 miles of fencing, and that the border is patrolled by various means, including by agents on motorcycles or ATVs and drones. He said that the current method was preferable to a wall.[51]

After the executive order was signed, Jason Marczak of the Atlantic Council wrote: "Today's events are dangerous for the immediate and long-term security and economy of the United States. U.S.–Mexico cooperation is far-reaching: from intelligence sharing for the capture of drug traffickers to the flow of commercial goods that support the livelihoods of nearly 5 million American workers."[33]

The wall also does not address alternative methods of entering the U.S. from Mexico including tunneling under the wall or traveling by boat or plane.[52]

Domestic responses

Executive Order 13767, along with another executive order signed by Trump on the same day, drew "furious condemnation" from civil rights organizations and immigrant advocacy groups, who described the orders as "meanspirited, counterproductive and costly and said the new policies would raise constitutional concerns while undermining the American tradition of welcoming people from around the world".[53] Religious leaders were also largely critical of the border-wall proposal.[53][54] Hundreds of citizens gathered at Washington Square Park in New York City to protest the executive order.[55]

In Congress, some Republicans praised Trump's executive order, such as U.S. Representative Lamar S. Smith of San Antonio, who said that "he appreciated Trump 'honoring his commitment' on immigration",[56] and Republican U.S. Senator Ron Johnson of Wisconsin, who said the wall would stop illegal immigration and compared it to the Israel–Egypt barrier.[lower-alpha 1] Other members of Congress from congressional districts along or close to the Mexican border were critical, such as U.S. Representatives Will Hurd (Republican of San Antonio), Henry Cuellar (Democrat of Laredo), and Joaquin Castro (Democrat of San Antonio). Hurd criticized the order as "the most expensive and least effective way to secure the border" while Castro stated that the wall "a lazy and ineffective strategy" and said: "[Trump] is driving Mexico into China's arms. I expect that whatever President Trump takes away from Mexico, China will step in to offer."[56]

The Southwest Border Sheriffs' Coalition, a group of sheriffs across the four states on the U.S.–Mexico border, are strongly opposed to the construction of a wall, citing its massive cost and logistical difficulties, and saying that the wall would not be effective.[60] Tony Estrada, a member of the Coalition and the longtime sheriff of the border county of Santa Cruz County, Arizona, has emerged as an outspoken critic of Trump's border wall proposal, saying that the wall will not stymie drug cartel violence fueled by demand for drugs in the U.S.[60][61]

Opinion surveys

A February 2017 study conducted by the Pew Research Center found that "[a]s was the case throughout the presidential campaign, more Americans continue to oppose (62%) than favor (35%) building a wall along the entire U.S. border with Mexico".[62][63] 43% of respondents thought that a border wall would have little to no effect on illegal immigration. 70% of Americans thought that the U.S. would ultimately pay for the wall; 16% believed that Mexico would pay for it. Public opinion was polarized by party: "About three-quarters (74%) of Republicans and Republican-leaning independents support a border wall, while an even greater share of Democrats and Democratic leaners express opposition to building a wall across the entire U.S.–Mexico border (89%)." Younger Americans and Americans with college degrees were more likely to oppose a wall than older Americans and those without college degrees.[62]

In a separate January 2017 study conducted by the Pew Research Center, 39% of Americans identified construction of a U.S.–Mexico border wall as an "important goal for U.S. immigration policy". By contrast, Americans found other policies to be important, such as cracking down on visa overstays (77% identified as important); allowing those who came to the U.S. illegally as children to remain in the country (72% identified as important); and increasing deportations of immigrants currently in the U.S. illegally (58% identified as important). The survey found that while there Americans were divided by party on many different immigration policies, "the widest [partisan split] by far is over building a southern border wall. Two-thirds of Republicans and Republican-leaning independents (67%) say construction of a wall on the U.S.–Mexico border is an important goal for immigration policy, compared with just 16% of Democrats and Democratic leaners."[64]

A March 2017 nationally representative survey of Americans conducted by the Associated Press and NORC Center for Public Affairs Research at the University of Chicago showed 58% of Americans oppose new spending for a border wall with Mexico, while 28% support such new spending. Opposition to spending on a border wall was highest among Democrats (86% oppose) and independents (57% oppose); Republicans were substantially more supportive.[65][66]

See also

Notes

  1. ↑ Johnson issued a report arguing that border walls were shown to be effective in curbing illegal immigration, citing a "99 percent" reduction in illegal immigration after Israeli built a 143-mile wall on the country's border with Egypt at a cost of $2.9 million per mile.[57][58][59] Illegal immigration from Africa to Israel did significantly decrease after construction of the Israel-Egyptian wall, but experts cautioned "against generalizing that the fence is the sole reason for the drop", noting that the U.S.–Mexico border (almost 2,000 miles) is much longer than the Israel–Egypt border fence (150 miles); that the terrain along U.S.–Mexico border has much more mountainous and remote than that the Israel–Egypt border; and that a 2012 Israeli law, unrelated to the border wall, had also affected illegal migration.[59]

References

  1. ↑ "Executive Order: Border Security and Immigration Enforcement Improvements". White House Office of the Press Secretary. Retrieved January 30, 2017.
  2. ↑ Jeremy Diamond (January 26, 2017). "Trump orders construction of border wall, boosts deportation force". CNN.
  3. ↑ Beck, Margery A. "Army Corps faces questions about vetting Nebraska startup given $11M border wall contract". chicagotribune.com. Retrieved 2018-07-06.
  4. ↑ "Here's Donald Trump's Presidential Announcement Speech". Time. Retrieved 2018-07-06.
  5. ↑ Siddiqui, Sabrina (2018-05-30). "Mexico president hits back after Trump revives claim country will pay for wall". the Guardian. Retrieved 2018-07-06.
  6. 1 2 "Border wall work begins in downtown Calexico". Associated Press. 21 February 2018. Retrieved 17 May 2018.
  7. ↑ Correspondent, Vanessa Yurkevich, Digital. "Trump's wall hasn't been built yet, but it's already cost taxpayers millions". CNN. Retrieved 2018-07-06.
  8. 1 2 "Executive Order: Border Security and Immigration Enforcement Improvements". White House Office of the Press Secretary. Retrieved January 30, 2017.
  9. ↑ David Smith (January 26, 2017). "Trump signs order to begin Mexico border wall in immigration crackdown". The Guardian.
  10. 1 2 3 Bill Lambrecht, Jason Buch & Aaron Nelsen, Trump orders 'immediate' construction of border wall, San Antonio Express-News (January 26, 2017).
  11. ↑ Ainsley, Julia Edwards (February 9, 2017). "Trump border 'wall' to cost $21.6 billion, take 3.5 years to build: Homeland Security internal report". Reuters.
  12. ↑ Jeremy Diamond (January 26, 2017). "Trump orders construction of border wall, boosts deportation force". CNN.
  13. 1 2 3 Matt Apuzzo, Trump Orders a Wall Built, but Congress Holds the Checkbook, New York Times (January 25, 2017).
  14. 1 2 3 "Trump signs order for border wall and insists Mexico will reimburse the cost". Kansas City Star. Associated Press. January 25, 2017. Retrieved August 27, 2018.
  15. 1 2 John W. Schoen. "Would Trump’s Plan to Stop Remittances to Mexico Work?" CNBC (April 5, 2016).
  16. ↑ Jeremy Diamond (January 27, 2017). "Trump floats 20% tax on Mexican imports to pay for wall, but considering other options". CNN.
  17. 1 2 3 Susanna Kim, The Economic Ramifications of Trump's Border Wall Proposal, ABC News (April 5, 2016).
  18. 1 2 Tom LoBianco, Manu Raju & Ted Barrett, Republicans eyeing special budget bill for Trump border wall, CNN (January 25, 2017).
  19. ↑ Manu Raju and Phil Mattingly. "Senate Democrats may block Trump's plan to fund border wall". CNN (January 27, 2016).
  20. ↑ Manu Raju. "Hill Republicans revolt over Trump's plans to build border wall". CNN (February 6, 2017).
  21. ↑ Kasperowitz, Pete. "Trump threatens government shutdown over border wall funding". Washington Examiner. Retrieved August 25, 2017.
  22. ↑ "Trump: Design of Proposed Wall Along US-Mexican Border Underway". Voice of America. February 8, 2017.
  23. ↑ "U.S. agency seeks ideas for Trump's proposed border wall". Reuters. February 24, 2017.
  24. ↑ Richard Gonzales (March 6, 2017). "Rush Begins For Contractors Who Want In On Border Wall Construction". Morning Edition. NPR.
  25. 1 2 Colin Dwyer (April 5, 2017). "Photos: The Many Possible Shapes Of Trump's Border Wall". NPR.
  26. ↑ "6 companies reveal the designs they submitted for Trump's border wall". Associated Press. April 5, 2017.
  27. ↑ Solon, Olivia (8 June 2017). "Trump's pitch for making the Mexico border wall 'beautiful': add solar panels". The Guardian.
  28. ↑ "Donald Trump talks up solar panel plan for Mexico wall". BBC. 22 June 2017.
  29. ↑ Philip Bump, Good news for border residents: No one is throwing 60-pound bags of drugs over a 50-foot wall, Washington Post (July 14, 2017).
  30. ↑ Brian Barrett, Let's Talk About Trump, Border Walls, and Flying Heroin, Wired (July 13, 2017).
  31. 1 2 Tal Kopan (November 13, 2017). "Trump admin taking quiet steps on seizing border land, report says". CNN.
  32. ↑ Priscilla Alvarez (April 6, 2017). "Trump's Border Barrier Hits a Wall". The Atlantic.
  33. 1 2
  34. ↑ "Mexico border wall, Trump could face lawsuit". Euronews. January 27, 2017. Retrieved February 3, 2017.
  35. ↑ David Caplan (March 3, 2017). "Mexican politician climbs border fence to show wall is 'unnecessary'". ABC News.
  36. ↑ "The Arizona lawman challenging President Trump's border wall". USA Today. Retrieved 2017-04-07.
  37. ↑ Abby Hamblin. "Mexican archdiocese: Build that wall, commit treason". San Diego Union-Tribune (March 28, 2017).
  38. ↑ "Mexico's Catholic Church: Work on Trump wall is treason". Associated Press (March 26, 2017).
  39. ↑ Lucia Newman. "Latin America leaders condemn Trump's Mexico wall at CELAC summit". Al Jazeera (January 26, 2017).
  40. 1 2 William Booth (January 29, 2017). "Israel's Netanyahu applauds Trump's plan for wall; Mexico not pleased". Washington Post.
  41. ↑ Jones, Rory (January 29, 2017). "Israel PM Netanyahu Praises Trump's Plan for Mexico Border Wall". Wall Street Journal. ISSN 0099-9660.
  42. ↑ Staff (January 29, 2017). "Facing Mexico's fury, Israel backtracks on Trump border wall praise". The Times of Israel.
  43. ↑ Tik Root, Border walls are bad for wildlife, Washington Post (November 1, 2016).
  44. ↑ Erika Bolstad, Trump's Wall Could Cause Serious Environmental Damage, E&E News (January 26, 2017).
  45. ↑ Danielle Silva & Suzanne Gamboa, Trump's Border Wall 'Catastrophic' for Environment, Endangered Species: Activists, NBC News (April 22, 2017).
  46. ↑ Flesch, Aaron D.; Epps, Clinton W.; Cain Iii, James W.; Clark, Matt; Krausman, Paul R.; Morgart, John R. (2010-02-01). "Potential Effects of the United States–Mexico Border Fence on Wildlife". Conservation Biology. 24 (1): 171–81. doi:10.1111/j.1523-1739.2009.01277.x. ISSN 1523-1739.
  47. ↑ Rafael Carranza. "Donald Trump's border wall faces first lawsuit". Arizona Republic (April 12, 2017).
  48. ↑ "Lawsuit Targets Trump's Border Wall, Enforcement Program" (press release), Center for Biological Diversity (April 12, 2017).
  49. ↑ Fernanda Santos. "No Environmental Impact Study? No Border Wall, Lawsuit Says". New York Times (April 13, 2017).
  50. 1 2 "Trump just signed an executive order to start building a wall at the border". Agence France-Presse/Public Radio International, The World (January 25, 2017).
  51. ↑ Glover, Scott (January 25, 2017). "The many challenges facing Trump's wall". CNN. Retrieved 3 February 2017.
  52. ↑ "A Wall Alone Can't Secure the Border, No Matter Who Pays for It". WIRED. Retrieved 2018-02-09.
  53. 1 2 Davis, Julie Hirschfeld (2017-01-25). "Trump Orders Mexican Border Wall to Be Built and Plans to Block Syrian Refugees". The New York Times. ISSN 0362-4331. Retrieved 2017-04-05.
  54. ↑ "Refugee ban, border wall: Religious leaders respond". Religion News Service. Retrieved 2017-04-05.
  55. ↑ Marino, Joe; Perez, Chris (2017-01-26). "Hundreds gather for 'emergency' anti-Trump protest". New York Post. Retrieved 2017-04-05.
  56. 1 2 "Trump orders 'immediate' construction of border wall". San Antonio Express-News. Retrieved 2017-04-05.
  57. ↑ "Transcript". New Day. CNN. February 3, 2017.
  58. ↑ Steves, Rick (2013-11-18). "The Security Fence, the Anti-Terrorism Barrier, the Wall". Huffington Post. Retrieved 2017-04-07.
  59. 1 2 Miriam Valverde (February 13, 2017). "GOP senator says Israel border fence cut illegal immigration". PolitiFact.
  60. 1 2 Kevin Johnson. "The Arizona lawman challenging President Trump's border wall". USA Today (March 5, 2017).
  61. ↑ Betsy Woodruff. "Border Sheriff: Trump Wall No Match for Drug Demand". Daily Beast (April 13, 2017).
  62. 1 2 "Most Americans continue to oppose U.S. border wall, doubt Mexico would pay for it". Pew Research Center. February 24, 2017.
  63. ↑ "Methodology" (PDF). Pew Research Center. February 24, 2017.
  64. ↑ "Less than half the public views border wall as an important goal for U.S. immigration policy". Pew Research Center. January 6, 2017.
  65. ↑ Andrew Taylor and Emily Swanson. "AP-NORC Poll: Most Americans oppose funding border wall". Associated Press (April 6, 2017).
  66. ↑ "Issue Brief: Taxes and the Budget". Associated Press/NORC at the University of Chicago (April 2017).
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.