Earlier this week I took part in a Federalist Society Executive Branch Review conference panel on “Law and Order at the Border.” The other two panelists were former Arizona Attorney General Mark Brnovich, and former Trump Administration Department of Homeland Security deputy general counsel official Sohan Dasgupta. In my presentation, I explained why illegal migration and drug smuggling are not “invasion” (contrary to claims by the state of Texas in two cases currently being litigated in federal court) and how best way to deal with border issues is by making legal migration easier. On both these questions, there was considerable disagreement between myself and former AG Brnovich.
I addressed the “invasion” issue in greater detail in a recent Lawfare article, and in an amicus brief in one of the cases currently before the Fifth Circuit. In a November USA Today article (coauthored with David Bier), I outlined in more detail how and making legal migration easier is the best approach to border issues.
Here is the video of the Federalist Society EBR panel:
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