UPDATE: Apparently Mr. Biden intends to rely on Section 212(f) of the 1952 immigration act. But as many courts held (back in 2018-20), that section has been substantially modified by later amendments, and court decisions narrowing the permissible constitutional scope of its use, in specific circumstances. The actual EO is not yet available — so we wait to see it. [But Tangerine’s Muslim Ban 2.0 relied on 212(f), and was held an unconstitutional usurping of legislative authority.] So… we wait. End, update number 1.

This is a deeply frustrating bit of election year pandering, by my lights. I understand that Mr. Biden feels Team Trump is painting him unfairly — regarding asylum-seekers. I get that.

But just as I pointed out for six years, here (and every federal court that has ever squarely considered it has held), the Executive Branch acting alone, cannot negate the treaties we’ve signed, on the treatment of anyone — no matter where they cross — if they in good faith make a claim for asylum on arrival or shortly after.

It is possible that Mr. Biden’s order will come tomorrow with a finding of a national emergency, and very clear temporary only measures — but absent those, this is… an unlawful proposed executive order. Here’s that troubling MSM report, on it — clearly election year fodder, which will be enjoined in the Ninth Circuit… eventually (if the reporting on it is accurate):

…The order would represent the single most restrictive border policy instituted by Mr. Biden, or any modern Democrat, and echoes a 2018 effort by President Donald J. Trump to block migration that was assailed by Democrats and blocked by federal courts….

Dammit. This is no way to go. No way… at all. Onward — just the same. We will fight it in the federal trial courts immediately, in the Southern District of California. And we will prevail.

There is no reason to offer “optics only” executive orders — when we know they are unlawful. We as the reasonable party ought to be above this nonsense. Out.

नमस्ते