On Monday evening, April 20, President Trump, purportedly to protect us, via tweet, announced his intention to suspend immigration into the U.S. His raison d’etre was articulated as being motivated by “the attack from the invisible Enemy as well as the need to protect the jobs of our GREAT American Citizens.” On Tuesday, April 21, President Trump stated that with his forthcoming executive order “we’ll help put unemployed Americans first in line for jobs as America reopens . . . it would be wrong and unjust for Americans laid off by the virus to be replaced with new immigrant labor flown in from abroad.”
When one further examines this proposal, however, what is evident is not his concern for others, but in fact his essence: self-promotion/preservation. Set aside, for a moment, whether Trump is merely attempting to exploit dog-whistle politics to foment political discord. With the border proposal, Trump could have had an independent apolitical healthcare-based reason for it. One based on the recommendations of research scientists and epidemiologists. Instead, what Trump seems to be doing is appeasing his base by giving the impression he is protecting them—but really, it’s about protecting himself.
For instance, last week, despite rising numbers in the domestic pandemic death toll, Trump repeatedly called for states to lift their “stay at home” safety measures, and he even sent out tweets defending protestors opposing these same state safety measures. So, which one is it? Is he closing our borders to protect us from a healthcare risk, as the first part of his tweet suggests, or is the measure solely about protecting the economy, and with it, his approval ratings and reelection chances?
If the president couched his border proposal as a public health measure, how do we reconcile it with his goal of reopening the economy and not supporting state orders to shelter in place? If he was really concerned about people not porting this disease, he would support the former as well as the latter? He claims he wants to suspend those from entering on immigrant visas, but most countries are already locked down and residents there cannot leave their jurisdictions. Further, the U.S. Dept. of State is already excluding most people from entering the U.S. unless one is already a U.S. Citizen or a lawful permanent resident. What incremental difference will be made with this policy? By his own admission, Trump has known about the pandemic and its dangers for months, why then did he wait to introduce his border proposal only after his approval ratings plummeted?
To add to the absurdity: his border proposal does not achieve its own stated goals: visa processing by the Dept. of State is already suspended for several weeks, and asylum seekers are already being turned away. Trump says U.S. citizens should not have to compete with green card holders for jobs. But immigration laws, i.e., 8 USC 274A and 8 CFR 1324a, specifically authorize these individuals to be employed incident to their status. What this means is that it is federal law that immigrants have the right to seek employment, and an executive order cannot overturn existing law—we are not led by a monarch’s edicts.
How can Trump, just based upon his precatory goals, enact a policy that preempts Congress in this field? In addition, persons immigrating to the US are already charged with being self-sufficient or reliant on financial sponsors, and cannot rely on most of the social safety net resources US citizens can avail themselves of.
Thus, like much of his other motivations, the border proposal’s goal to protect U.S. workers appears to be merely pretext to appease his base, and of course, first and foremost, to protect Trump. Coming from a man who started his presidential bid by calling immigrants rapists and drug dealers, what Trump appears to be doing here is nothing short of his classic political rally cry to perpetuate his narrative that immigrants are dangerous and take “our” jobs. He wants to close the border to appear concerned and give the impression he cares about us. Instead, his closed borders measure is not to be about public health, or even jobs, it is about Trump’s primary focus, protecting Trump.
Ediberto Roman is a Professor of Law at University of Miami School of Law
Richard T. Middleton IV is an Associate Professor of Political Science at University of Missouri, Saint Louis