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Home » What can Republicans do to fight Biden’s border policy?

What can Republicans do to fight Biden’s border policy?

The New Neo Posted on by

Sometimes I think that people on the right are more fond of bashing the Republicans in Congress than they are of bashing the Democrats. I understand and share some of that impulse – the lack of fight and/or of conservative principles in certain members of the GOPe can be extremely infuriating.

But I think that some of the most fervent criticism of the GOP stems from the right’s frustrated and impotent rage towards the left, redirected at the GOP for not having saved us somehow from the terrible things that have already happened and that threaten to happen in the future.

For example, commenter “John Tyler” writes:

And the republicans in Congress? What is their response to [the Biden-induced border crisis], aside from some weak words?
Does the USA have immigration laws?
Cannot the Republicans in Congress file a lawsuit with the SCOTUS to demand the executive branch follow the law?
Where is the Constitutional authority for a president to literally overturn existing laws based upon an EO?
Why do the republicans do zero??

I could be wrong about my answer, and if someone knowledgeable about the law on this has some relevant information, let me know. But I am pretty sure that Republicans in Congress have no standing in the courts to challenge Biden’s orders on this. They are not considered to have sustained harm and therefore have no cause of action. If that seems ridiculous to you, then I suggest you take note of Dickens’ character Mr. Bumble’s observation that “the law is a ass — a idiot.”

But people keep demanding that the GOP would magically do something and in particular something effective. But aside from this lawsuit I’m pretty sure they wouldn’t be allowed to file, what would it be? They control neither legislative body right now. Presidents usually are considered to have plenary power over immigration with just a few exceptions. The GOP Congress members do speak out (and probably tweet too, if they’re not blocked), but the MSM gives their statements short shrift and/or unfairly characterizes them.

Here’s McConnell’s statement on Biden’s immigration policies. I agree with John Tyler that statements don’t accomplish much, but what else can the Congressional GOP members do? That’s a real question from me, not just a rhetorical one.

Their statements:

On the state level, however there are legal challenges being mounted. For example, see this from March 10:

The Attorneys General of Arizona and Montana filed an amended a joint lawsuit Monday alleging that the Biden administration has violated immigration and administrative law. The Attorney General of Florida filed a similar lawsuit on Tuesday. All three complaints allege that the Department of Homeland Security (DHS) has disregarded its responsibilities and that changes in policy have put people in Arizona, Montana and Florida at risk.

The allegations arise from changes to policies governing the detention and deportation of undocumented immigrants…

The DHS policy was announced in a memorandum and affects the DHS, Immigration and Customs Enforcement (ICE), Customs and Border Protection, and Citizenship and Immigration Services. The policy was part of a department-wide review of policies and practices. Shortly after the release of the memorandum, Texas Attorney General Ken Paxton sought a restraining order to delay implementation. A federal appeals court granted the order, but limited it to 14 days. According to the Arizona/Montana complaint, the court in the Texas case concluded that some of the arguments against the policy could have merit. Some of those arguments are raised again in the Arizona/Montana complaint.

There may have been even more state filings since then.

The reason this is happening on the state level is that the allegations of damage to the citizens of those particular states (two of which are border states, and all of which – except Arizona – are red states) are the bases on which the argument in favor of standing lies. All of these states have Republican governors and Republican attorneys general. So Republicans are filing the lawsuits in the venues in which they have the greatest possibility of success for the cases to be heard.

I criticize the GOP when it’s at fault, and I share John Tyler’s wish that the would do more and do it with more flair and vigor that can be perceived by the public. But for over a decade I’ve been in disagreement with the reflexive bashing of the Party for doing nothing when it has done something, and sometimes when it has done all that is possible with the deck so stacked against it. Turning on all Republicans because of people like Romney (who really has turned into a viper) is short-sighted and destructive, in my opinion.

I’d like to see more fight in the GOP, and effective fight at that. I’d also like to see them praised where credit is due, condemned where opprobrium is due, attention paid to what seems possible and what does not, and awareness of what has actually been attempted by some GOP members.

Comments

What can Republicans do to fight Biden’s border policy? — 31 Comments

  1. Funny how the Left/Democrats always managed to find a compliant judge and plaintiff with some, even imaginary, standing to get Trump’s EO blocked for a period of time, months, years, until he either dropped them or a higher court overruled the TRO.

    Makes one think that the law is only an ass for one side.

  2. A common complaint from conservatives about the GOP is that, when Republicans have the advantage in Congress, they mostly squander their power as the majority, and that, when they are in the minority, they do nothing but complain, with good reason, about the terrible policies of the Democrats while hoping to raise funds on the promise that, next time, when they regain power, they will actually accomplish something of substance. Unfortunately, time and again, the Democrats seem far more accomplished at competing in the game as it is actually played, since they have fewer scruples, more viciousness towards the opposition, and a much greater obsession with winning (the ends, of course, justifying the means) “by any means necessary.”

  3. geoff b:

    It makes sense, if you consider that liberal and/or leftist judges believe the law and the Constitution are flexible and elastic instruments that can be stretched to achieve the ends they deem best. Judges on the right don’t think that. So it’s easier for the left to find compliant judges to meet their political goals.

  4. j e:

    I think it’s also due to the fact that there are more mavericky RINO Republicans than there are mavericky “moderate” Democrats.

  5. I agree with j e. When the GOP actually had legislative power, it was people like Paul Ryan who was one of the biggest impediments to achieving anything important. It’s one thing to have an errant senator like Romney, but when the GOP Speaker of the House is effectively working against the party’s base, then you know you have a serious problem.

    I’ve said it before, but the US Chamber of Commerce knew that Mr. Ryan was such a yes-man for their agenda, that they figured he would slip into the chairmanship there. Instead he went to pervert FoxNews.

  6. I completely disagree with the mavericky notion Neo. Dems don’t tolerate mavericks, and how many RINO mavericks are bribed or threatened? We don’t know the answer to that question, but if they are, then they’re not really mavericks.

  7. My memory of when Arizona tried to curb the illegal immigration during Obama administration and got shot down by the courts. Seems if a state can’t fight it we are screwed and have to take it. Believe me I wish it wasn’t so, first thing that got me as a Trump backer was stopping illegal immigration.

  8. Tommy Jay:

    I think that Ryan is one of those GOP members who absolutely merits criticism. McCain is certainly another. But they are not the entire GOP. Unfortunately they held great power, in McCain’s case because the GOP failed to have a big enough Senate majority to make his vote not matter.

  9. Neo,

    I agree that that is the way it is. However if there are never to be any real consequences to judges for acting outside the law for partisan purposes then there is nothing to ever stop a Leftward ratchet in the law as applied.

    I see the same type of circumstance, on side acting always for Left gain – while denying they are doing so – and the other acting as if all is being done neutrally, as the means by which all institutions have fallen to the Left assault.

  10. Skip:

    The right has a larger number of at least nominally conservative justices in SCOTUS now than it did then. I now consider Roberts a swing justice, but they still have a small majority now even without him. But the states could still lose, in part because of the plenary power of a president over immigration, and in part because of the possibility of defection by one of the supposedly conservative justices.

  11. Forum shop. Harass them in court with every bloody tool you can muster. And do not accept defeat.

  12. Art Deco:

    Why do you think they don’t forum shop as much as possible? They often win in lower courts, and lose in SCOTUS, and that cannot be appealed.

  13. We should go focus on local leaders in the arena to support and amplify. Congress is too far removed and far too willing to outsource their responsibility.

    Who are the individuals who are doing good work and need support from us? The federal government is captured by anti american forces.

  14. Frank B,
    I agree we need to act locally and go after Dems. Imagine billboards allover Dem districts that said “Do you represent Pelosi or us? We don’t want borders that bring us more Covid.? ” Near drug addiction centers , they could say “We don’t want more drug smugglers.” And near any organization supporting women, they could say “Do you want more sex slaves?” Make these squishy Dems afraid they will lose their seats. Attend meetings and question them.

  15. I have seen arguments promoting expanded nullification of federal laws. There is precedence, for instance state legalization of marijuana use, sanctuary cities for illegal immigrants. For this to really work in Republican dominated states, the state level and appellate courts must be realigned to conservative principles. A long road, almost a Gramscian approach. I think it the only way to preserve the country as a whole.

    We will see continued efforts at increasing the power and reach of the federal government. The next pandemic, for instance, or a season of severe hurricanes will offer further opportunities. Power and control will ratchet toward the Federal government, with collusion form large corporations.

    Unfortunately, within all Republican dominated states, exists at least one large population center that is Democrat controlled and heavily influences state policy. See Colorado, for instance.

    Nevertheless, when Denver Health commissioner demanded all the front range counties move to the most restricted capacity, Weld county commissioner told him no, very publicly and somewhat more colorfully. Oh! the gnashing of teeth. A mayor in a nearby city declared that he would close his hospital to Weld County COVID patients. The weld County Commissioner, responded by restating his position and offering to test the mayors position in court with a personal lawsuit. the idea evaporated. This is how you wrest power back. Little by little, standing firm each time.

  16. The short answer to what Republicans can do is “Not much until at least after the 2022 election.”

    The long answer is the GOP needs to realize that being the corporate ass-kissing party that throws out red meat every two and four years to get the rubes excited is no longer a viable model. While Mitch McConnell and the rest of the geniuses weren’t looking, the Democrats grabbed the corporate ass-kissing position and burnished it with lots of self-gratifying virtue signaling. The only future for Republicans is as a populist party that largely eschews economic libertarianism and actually tries to DO THINGS for its voters.

    Mike

  17. “I think that some of the most fervent criticism of the GOP stems from the right’s frustrated and impotent rage towards the left, redirected at the GOP for not having saved us somehow from the terrible things that have already happened and that threaten to happen in the future.”

    We do not expect the GOP to save us. We expect the GOP, as loyal Americans, to fight for the Constitution with fierce determination. The perception that the GOP cares little for the Constitution is not mistaken. The GOPe has repeatedly demonstrated it.

    neo asks, “people keep demanding that the GOP would magically do something and in particular something effective. But aside from this lawsuit I’m pretty sure they wouldn’t be allowed to file, what would it be?”

    For one thing and most importantly, think and act outside the box.

    As example, every* Republican Congressmen and their personal protection personnel gets on board a caravan of buses and with a Texas State Police escort, goes down to one of the border facilities where thousands of immigrant children are being kept in cages and demands entrance to investigate the situation. That would bring attention to what Biden is doing and put the lie to what they’re saying. Expose them.

    FOX’s Tucker Carlson can televise it.

    Stop doing the same thing and expecting different results.

    *Romney’s excepted…

  18. The only future for Republicans is as a populist party that largely eschews economic libertarianism and actually tries to DO THINGS for its voters.

    Actually doing things for your voters is going to mean combing through regulatory codes and striking elements which sluice benefits to large incumbents by manufacturing compliance costs for others. It’s also going to mean ending the special preferences incorporated into the tax code (which benefit the well-connected sectors contra everyone else). The time the Republicans attempted to clean up the tax code was in 1985-86. Salutary deregulations instituted after 1977 were regrettably accompanied by the abandonment of anti-trust enforcement.

  19. For one thing and most importantly, think and act outside the box.

    If they could quite with the craven apologies and quit with the betrayals, that would be a start. That means McConnell and McCarthy have to go, because they’re incapable of doing that. (Compare McCarthy’s treatment of Liz Cheney with his treatment of Steve King).

  20. Voting for good people starts at the city level. My town has an election in April and I am starting to see the mailers and signs around town. One person mentioned that she was the president of her HOA and I initially reacted in the negative, but I’ll do my research on all of the candidates. The election is non-partisan so you have to guess at their political leanings.

    Why is local important? Many people start at the city level to move up, mostly on name recognition. We had one person who was working this method to get to a higher office, but many people realized that she never finished her term before trying to move up and she never accomplished anything! Her political career died.

  22. Perhaps there is something afterall that the minority CAN do! I listened to Marjorie Taylor Green this afternoon on Steve Bannon’s podcast “War Room: Pandemic”. Now this is a woman who the Dems have tried to eject from their House, who Twitter tried to ban, and yet she still stands defiant! (god bless her!). What she’s doing is trying to hold the liberals accountable for their bills by calling for a roll call on each bill. Without it, the bills would become law with only a voice vote. With the roll call, each vote is recorded. Amazing the cowards that fail to vote for the liberal agenda when they know that their constituents are reading their vote in the news! According to MTG, she’s successfully been able to keep a few bills from moving forward. More House Republicans should get on board and do the same.

  23. Lucille’s example of MTG is a good one, because it is something that the Republicans could do all the time – and don’t.
    However, in defense of Cocaine / Turtle Mitch, he has threatened much the same in the Senate if the Dems nuke the filibuster, and he might prove up on it if they do.

    On the question of: “is the GOP for us or against us” ( us being the Constitutional Conservatives that believe law-abiding, actual citizens should have the same rights as thugs and illegals) – consider the flame war going on between National Review and American Mind over AM’s new program for enrolling and mentoring young Republican voters.

    I report, you judge.

    https://www.nationalreview.com/2021/03/wait-just-one-american-moment/

    https://americanmind.org/salvo/dear-conservative-inc-follow-or-get-out-of-the-way/

    AM is a publication of the renowned conservative Claremont Institute, and NR is the infamous purveyor of the 2016 NeverTrump issue. My bias is pretty clear.

  24. What can Republicans do to fight Biden’s border policy?

    Republicans will follow the same successful template they used to battle Obamacare.

  25. The essential problem is that the Democrats are perfectly willing to destroy the country to get their way.

    For example, stealing elections has become so successful that it’s hard for them to stop:
    https://legalinsurrection.com/2021/03/house-democrats-inch-closer-to-overturning-iowa-house-race-and-unseating-republican-who-won/

    But there are other ways to destroy the country:
    – undermine the military
    – hogtie freedom of speech
    – encourage censorship
    – make the international borders as porous as possible
    – pervert public education
    – destroy the family
    – convert the media into a partisan sycophantic mob
    – load the judiciary with partisan hacks
    – destroy every vestige of government and judicial credibility
    – hollow out the country’s institutions
    – fundamentally transform it
    – destroy its middle class
    – make society as dependent on centralized government as possible
    – confuse the hell out of it by exploiting Orwellian techniques
    – etc.

    All this in the name of “progress”, “human rights”, “morality” and “transparency in government”. (And of course that ace in the hole: “fighting ‘the good fight against white supremacy and evil white racism’ “.

    So how do the decent, the patriotic and the sane counter this all-encompassing perversity masquerading as justice and humaneness? this obscene abuse of power?

    Good question.
    One precedent—though one that will not appeal to all:
    Kings 1: 15-28

    File under: https://www.youtube.com/watch?v=nS5_EQgbuLc

  28. Finally, Trump is OUTTAHERE and the US can finally open up the American Dream to ANY AND EVERYONE…
    https://www.zerohedge.com/markets/biden-migrant-crisis-ice-secures-hotel-rooms-migrants-admin-plans-flying-illegals-canadian

    In fact, anything’s possible (now that the BEAST is gone), e.g., reinstituting Obama-Kerryesque state-of-the-art diplomacy(TM): after standing up to Vladimir Putin (and showing him the errors of his ways) it’s now Kimmie’s turn!
    https://www.zerohedge.com/geopolitical/secdef-austin-warns-nkorea-us-ready-fight-tonight-pyongyang-slams-lunatic-policies

    File under: https://www.youtube.com/watch?v=26wEWSUUsUc
    Meanwhile, back in the USSR:
    https://www.zerohedge.com/political/digital-trails-how-fbi-identifying-tracking-rounding-dissidents

  30. If I were Taiwanese, I’d flee now. The Chicomms know that Biden and his “what’s his name?” Sec of Defense will do nothing.
    As bad as Harris is, she will piss off and provoke some Reps into opposition. But if she becomes the Prez, who is Veep? Pelosi?

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