The Alien and Sedition Acts were a set of four laws enacted in 1798 that applied restrictions to immigration and speech in the United States. The Naturalization Act of 1798 increased the requirements to seek citizenship, the Alien Friends Act of 1798 allowed the president to imprison and deport non-citizens, the Alien Enemies Act of 1798 gave the president additional powers to detain non-citizens during war, and the Sedition Act of 1798 criminalized false and malicious statements about the federal government. The Alien Friends Act and the Sedition Act expired after a set number of years, and the Naturalization Act was repealed in 1802. The Alien Enemies Act, as amended, is still in effect as 50 U.S.C. Ch. 3, Sections 21-24.

The Alien Enemies Act of 1798 has been invoked in various historical context, primarily during war or heightened national security concerns.

War of 1912: During the War of 1812 between the United States and Great Britain, the Alien Enemies Act was used to detain and deport British nationals. The United States government feared that British subjects in the country could pose a threat to national security, leading to the enforcement of the act against them.

World War I: The act was invoked in the context of World War I when the United States was at war with Germany. Many German nationals living in the United States faced suspicion and hostility, leading to arrests, detentions, and deportations of those deemed “enemy aliens.” The government implemented measures to monitor and control the activities of these individuals.

World War II: The Alien Enemies Act was again utilized during World War II, particularly, against Japanese, German, and Italian nationals living in the United States. Following the attack on Pearl Harbor in 1941, the government detained thousands of Japanese Americans, many of whom were U.S. citizens, under the guise of national security. The act facilitated the internment of individuals based solely on their nationality.

Post-9/11 Era: While the Alien Enemies Act was not directly invoked after September 11 attacks, the post-9/11 environment saw increased scrutiny of individuals from Muslim-majority countries, leading to heightened fears and actions based on national security. The focus on “enemy combatants” and terrorism created a context where similar laws could have been applied if deemed necessary.

Cold War and Beyond: During the Cold War, suspicion of communists and individuals from countries aligned with the Soviet Union led to various legislative actions and the potential invocation of the Alien Enemies Act. Although the act itself was not frequently applied, the underlying principles influenced policies regarding national security and immigration.

The acts were mentioned by the President-elect Donald J. Trump during a campaign rally held at Madison Square for the 2024 presidential election, indicating that he would use the them to remove illegal immigrants on “day one” if he were to win the presidency by invoking the acts. This signals a dramatic approach to immigration policy. This act, originally designed to address national security concerns during times of war, raises significant questions about its applications in contemporary contexts, particularly in peacetime.

### UNDERSTANDING THE ALIEN ENEMIES ACT OF 1798

The Alien Enemies Act of 1798 allows the President to detain and deport male citizens of enemy nations during wartime. While it was established to protect national security, its relevance today is complicated by the evolving definitions of treats, particularly regarding illegal immigration and criminal networks.

### LEGAL CONSIDERATIONS

1. **Defining of “Enemy”**: The act specifically pertains to individuals from countries with which the United States is at war. Invoking the act against migrant criminal networks would require a reinterpretation of what constitutes an “enemy,” as most undocumented immigrants do not come from countries in a state of war with the United States. This could lead to significant legal challenges.

2. **Constitutional Protections**: The U.S. Constitution guarantees due process rights, which protects individuals from arbitrary detention and deportation. Any sweeping action under the Alien Enemies Act aimed at undocumented immigrants could face judicial scrutiny and be deemed unconstitutional if it violates these protections.

3. **Focus on Criminal Activity**: If the Trump administration emphasizes dismantling criminal organizations rather than targeting individuals solely based on immigration status, it may find more legal latitude. Law enforcement actions against organized crime are generally seen as more justifiable and may avoid the pitfalls associated with mass deportations.

#### POLITICAL CONSEQUENCES

1. **Public Reaction**: The President-elect’s invocation of the Alien Enemies Act of 1798 could galvanize differing responses. Supporters of stricter immigration control may view it as a necessary measure for national security, while the opponents may see it as an overreach of executive power that threaten the rights of individuals and community safety.

2. **Impact on Immigrant**: Fear and distrust within immigrant communities could increase, potentially leading to decreased cooperation with law enforcement. This could hinder efforts to combat crime and improve public safety, as community members may be less likely to report crimes or assist investigations.

3. **Legislative Challenge** The potential invocation of the Alien Enemies Act may provoke significant political opposition from Democrats and some Republicans who advocate for more humane immigration policies. This could lead to legislative pushback, further complicating efforts to implement such measures.

#### CONCLUSION

The President-elect’s proposal to invoke the Alien Enemies Act of 1798 to target migrant criminal networks and illegal immigrants represents a controversial intersection of immigration policy and national security. While addressing criminal activity is a legitimate concern, the legal and constitutional implications of applying an act designed for wartime scenarios in a peacetime context warrant careful consideration. The potential for political fallout, public backlash, and challenges in implementation will likely shaper the discourse on immigration policy in the forthcoming administration. Balancing national security with respect for individual rights will be crucial in navigating this complex landscape.

The Alien and Sedition Acts were a set of four laws enacted in 1798 that applied restrictions to immigration and speech in the United States. The Naturalization Act of 1798 increased the requirements to seek citizenship, the Alien Friends Act of 1798 allowed the president to imprison and deport non-citizens, the Alien Enemies Act of 1798 gave the president additional powers to detain non-citizens during war, and the Sedition Act of 1798 criminalized false and malicious statements about the federal government. The Alien Friends Act and the Sedition Act expired after a set number of years, and the Naturalization Act was repealed in 1802. The Alien Enemies Act, as amended, is still in effect as 50 U.S.C. Ch. 3, Sections 21-24.

The Alien Enemies Act of 1798 has been invoked in various historical context, primarily during war or heightened national security concerns.

War of 1912: During the War of 1812 between the United States and Great Britain, the Alien Enemies Act was used to detain and deport British nationals. The United States government feared that British subjects in the country could pose a threat to national security, leading to the enforcement of the act against them.

World War I: The act was invoked in the context of World War I when the United States was at war with Germany. Many German nationals living in the United States faced suspicion and hostility, leading to arrests, detentions, and deportations of those deemed “enemy aliens.” The government implemented measures to monitor and control the activities of these individuals.

World War II: The Alien Enemies Act was again utilized during World War II, particularly, against Japanese, German, and Italian nationals living in the United States. Following the attack on Pearl Harbor in 1941, the government detained thousands of Japanese Americans, many of whom were U.S. citizens, under the guise of national security. The act facilitated the internment of individuals based solely on their nationality.

Post-9/11 Era: While the Alien Enemies Act was not directly invoked after September 11 attacks, the post-9/11 environment saw increased scrutiny of individuals from Muslim-majority countries, leading to heightened fears and actions based on national security. The focus on “enemy combatants” and terrorism created a context where similar laws could have been applied if deemed necessary.

Cold War and Beyond: During the Cold War, suspicion of communists and individuals from countries aligned with the Soviet Union led to various legislative actions and the potential invocation of the Alien Enemies Act. Although the act itself was not frequently applied, the underlying principles influenced policies regarding national security and immigration.

The acts were mentioned by the President-elect Donald J. Trump during a campaign rally held at Madison Square for the 2024 presidential election, indicating that he would use the them to remove illegal immigrants on “day one” if he were to win the presidency by invoking the acts. This signals a dramatic approach to immigration policy. This act, originally designed to address national security concerns during times of war, raises significant questions about its applications in contemporary contexts, particularly in peacetime.

### UNDERSTANDING THE ALIEN ENEMIES ACT OF 1798

The Alien Enemies Act of 1798 allows the President to detain and deport male citizens of enemy nations during wartime. While it was established to protect national security, its relevance today is complicated by the evolving definitions of treats, particularly regarding illegal immigration and criminal networks.

### LEGAL CONSIDERATIONS

1. **Defining of “Enemy”**: The act specifically pertains to individuals from countries with which the United States is at war. Invoking the act against migrant criminal networks would require a reinterpretation of what constitutes an “enemy,” as most undocumented immigrants do not come from countries in a state of war with the United States. This could lead to significant legal challenges.

2. **Constitutional Protections**: The U.S. Constitution guarantees due process rights, which protects individuals from arbitrary detention and deportation. Any sweeping action under the Alien Enemies Act aimed at undocumented immigrants could face judicial scrutiny and be deemed unconstitutional if it violates these protections.

3. **Focus on Criminal Activity**: If the Trump administration emphasizes dismantling criminal organizations rather than targeting individuals solely based on immigration status, it may find more legal latitude. Law enforcement actions against organized crime are generally seen as more justifiable and may avoid the pitfalls associated with mass deportations.

#### POLITICAL CONSEQUENCES

1. **Public Reaction**: The President-elect’s invocation of the Alien Enemies Act of 1798 could galvanize differing responses. Supporters of stricter immigration control may view it as a necessary measure for national security, while the opponents may see it as an overreach of executive power that threaten the rights of individuals and community safety.

2. **Impact on Immigrant**: Fear and distrust within immigrant communities could increase, potentially leading to decreased cooperation with law enforcement. This could hinder efforts to combat crime and improve public safety, as community members may be less likely to report crimes or assist investigations.

3. **Legislative Challenge** The potential invocation of the Alien Enemies Act may provoke significant political opposition from Democrats and some Republicans who advocate for more humane immigration policies. This could lead to legislative pushback, further complicating efforts to implement such measures.

#### CONCLUSION

The President-elect’s proposal to invoke the Alien Enemies Act of 1798 to target migrant criminal networks and illegal immigrants represents a controversial intersection of immigration policy and national security. While addressing criminal activity is a legitimate concern, the legal and constitutional implications of applying an act designed for wartime scenarios in a peacetime context warrant careful consideration. The potential for political fallout, public backlash, and challenges in implementation will likely shaper the discourse on immigration policy in the forthcoming administration. Balancing national security with respect for individual rights will be crucial in navigating this complex landscape.

In addition to criminal aliens and illegal immigrants, the President-Elect’s plan could target temporary protections that more than 1 Million Immigrants in the United States rely on. He is expecting to articulate his plans for immigration in the coming weeks.

#### UNDERSTANDING TEMPORARY PROTECTION STATUS

The Temporary Protection Status program (TPS) was enacted in 1990, under the administration of President George H. W. Bush, as a humanitarian response to protect individuals who cannot safely return to their home countries due to extraordinary conditions. These conditions typically arise from natural disasters, armed conflicts, or other emergencies that significantly disrupt living conditions. TPS grants eligible individuals temporary legal status, allowing them to live and work in the United States without the fear of deportation for the duration of the program.

The TPS program has been crucial for many migrants who have fled violence, political instability, and natural disasters. For instances, Haiti has faced severe challenges in recent years due to earthquakes, political unrest, and widespread poverty, while Venezuela has been grappling with a humanitarian crisis marked by food shortages, economic turmoil, and political strife.

#### Implications of the President-Elect’s Stance

The President-Elect Donald J. Trump stated intention to crack down on immigration raises concerns not only for those currently protected under the TPS but also for the broader immigrant communities. The potential reevaluation or termination of the TPS could lead to devastating consequences for families who have built lives in the United States under this program.

Dismantling TPS would contradict the foundational values of compassion and support for those fleeing dire circumstances. Many of these individuals have established roots in their communities, contributing to the economy and enriching the cultural fabric of American society. The fear of deportation could disrupt their lives, leading to psychological stress and instabilities for families and communities.

#### Legal Considerations and Future Challenges

Law Offices of Norka M. Schell, LLC Team anticipates significant challenges if the incoming administration moves to eliminate or restrict TPS. The program has faced scrutiny and legal battles in the past, and any attempts to revoke it would likely provoke ligitigation from advocacy groups and affected individuals.

Moreover, there are broader implications for immigration policy as a whole. The fate of TPS could set a precedent for how the new administration navigates other immigration-related programs and policies. Stakeholders, including lawmakers, legal practitioners, and advocacy organizations, will need to closely monitor developments and engage in dialogue to ensure that the voices of affected communities are heard.

#### Conclusion

As the nation braces for a shift in immigration enforcement and immigration policies, the fate of Temporary Protected Status remains uncertain. The President-elect’s commitment to initiate sweeping changes to the U.S. immigration system, presents a critical juncture for millions of migrants seeking refuge and stability in the United States. You should work with the Law Offices of Norka M. Schell, LLC Team to monitor the developments, review your immigration status, assess your compliance with the program and plan a strategy.

The upcoming months will undoubtedly be pivotal in shaping the future of immigration policy, and the implications will resonate far beyond the lives of countless individuals and families across the country.

The Alien and Sedition Acts were a set of four laws enacted in 1798 that applied restrictions to immigration and speech in the United States. The Naturalization Act of 1798 increased the requirements to seek citizenship, the Alien Friends Act of 1798 allowed the president to imprison and deport non-citizens, the Alien Enemies Act of 1798 gave the president additional powers to detain non-citizens during war, and the Sedition Act of 1798 criminalized false and malicious statements about the federal government. The Alien Friends Act and the Sedition Act expired after a set number of years, and the Naturalization Act was repealed in 1802. The Alien Enemies Act, as amended, is still in effect as 50 U.S.C. Ch. 3, Sections 21-24.

The Alien Enemies Act of 1798 has been invoked in various historical context, primarily during war or heightened national security concerns.

War of 1912: During the War of 1812 between the United States and Great Britain, the Alien Enemies Act was used to detain and deport British nationals. The United States government feared that British subjects in the country could pose a threat to national security, leading to the enforcement of the act against them.

World War I: The act was invoked in the context of World War I when the United States was at war with Germany. Many German nationals living in the United States faced suspicion and hostility, leading to arrests, detentions, and deportations of those deemed “enemy aliens.” The government implemented measures to monitor and control the activities of these individuals.

World War II: The Alien Enemies Act was again utilized during World War II, particularly, against Japanese, German, and Italian nationals living in the United States. Following the attack on Pearl Harbor in 1941, the government detained thousands of Japanese Americans, many of whom were U.S. citizens, under the guise of national security. The act facilitated the internment of individuals based solely on their nationality.

Post-9/11 Era: While the Alien Enemies Act was not directly invoked after September 11 attacks, the post-9/11 environment saw increased scrutiny of individuals from Muslim-majority countries, leading to heightened fears and actions based on national security. The focus on “enemy combatants” and terrorism created a context where similar laws could have been applied if deemed necessary.

Cold War and Beyond: During the Cold War, suspicion of communists and individuals from countries aligned with the Soviet Union led to various legislative actions and the potential invocation of the Alien Enemies Act. Although the act itself was not frequently applied, the underlying principles influenced policies regarding national security and immigration.

The acts were mentioned by the President-elect Donald J. Trump during a campaign rally held at Madison Square for the 2024 presidential election, indicating that he would use the them to remove illegal immigrants on “day one” if he were to win the presidency by invoking the acts. This signals a dramatic approach to immigration policy. This act, originally designed to address national security concerns during times of war, raises significant questions about its applications in contemporary contexts, particularly in peacetime.

### UNDERSTANDING THE ALIEN ENEMIES ACT OF 1798

The Alien Enemies Act of 1798 allows the President to detain and deport male citizens of enemy nations during wartime. While it was established to protect national security, its relevance today is complicated by the evolving definitions of treats, particularly regarding illegal immigration and criminal networks.

### LEGAL CONSIDERATIONS

1. **Defining of “Enemy”**: The act specifically pertains to individuals from countries with which the United States is at war. Invoking the act against migrant criminal networks would require a reinterpretation of what constitutes an “enemy,” as most undocumented immigrants do not come from countries in a state of war with the United States. This could lead to significant legal challenges.

2. **Constitutional Protections**: The U.S. Constitution guarantees due process rights, which protects individuals from arbitrary detention and deportation. Any sweeping action under the Alien Enemies Act aimed at undocumented immigrants could face judicial scrutiny and be deemed unconstitutional if it violates these protections.

3. **Focus on Criminal Activity**: If the Trump administration emphasizes dismantling criminal organizations rather than targeting individuals solely based on immigration status, it may find more legal latitude. Law enforcement actions against organized crime are generally seen as more justifiable and may avoid the pitfalls associated with mass deportations.

#### POLITICAL CONSEQUENCES

1. **Public Reaction**: The President-elect’s invocation of the Alien Enemies Act of 1798 could galvanize differing responses. Supporters of stricter immigration control may view it as a necessary measure for national security, while the opponents may see it as an overreach of executive power that threaten the rights of individuals and community safety.

2. **Impact on Immigrant**: Fear and distrust within immigrant communities could increase, potentially leading to decreased cooperation with law enforcement. This could hinder efforts to combat crime and improve public safety, as community members may be less likely to report crimes or assist investigations.

3. **Legislative Challenge** The potential invocation of the Alien Enemies Act may provoke significant political opposition from Democrats and some Republicans who advocate for more humane immigration policies. This could lead to legislative pushback, further complicating efforts to implement such measures.

#### CONCLUSION

The President-elect’s proposal to invoke the Alien Enemies Act of 1798 to target migrant criminal networks and illegal immigrants represents a controversial intersection of immigration policy and national security. While addressing criminal activity is a legitimate concern, the legal and constitutional implications of applying an act designed for wartime scenarios in a peacetime context warrant careful consideration. The potential for political fallout, public backlash, and challenges in implementation will likely shaper the discourse on immigration policy in the forthcoming administration. Balancing national security with respect for individual rights will be crucial in navigating this complex landscape.

Maria’s story is not unique; it echoes the experiences of millions of immigrants across the nation. With Trump’s commitment to implement mass deportation of undocumented immigrants, the fabric of communities built on diversity and resilience is at risk. How can immigrant families like Maria’s prepare for the storms ahead?

** UNDERSTANDING THE LANDSCAPE: A New Era of Immigration Policy

For his second term, President Elected Donald J. Trump has pledged to enforce stricter immigration policies, focusing on mass deportation and increased enforcement. The Department of Homeland Security and other federal agencies are gearing up for these changes, which could drastically alter the lives of countless individuals and families.

Here are the key elements of this seismic shift:

1. Mass Deportation Initiative: The President elected Donald J. Trump’s promise to deport millions of undocumented immigrants raises significant concerns about the impact on families, communities, and the economy.

1. Increase Enforcement: The Department of Immigration plans to allocate more resources to identify and detain individuals who broke the Immigration Law, heightening the sense of fear within immigration communities.

1. While the Trump Administration may push for aggressive enforcement, many anticipate legal battles that could challenge the constitutionality and fairness of such actions.

** PREPARING FOR UNCERTAINTY: STEP FOR IMMIGRANT COMMUNITIES

Maria knows that preparation is key. Here are actionable steps that immigrant communities can take to safeguard their families and secure their future.

1. Stay Informed: Regularly check reputable sources, including legal organizations and community advocacy groups, for updates on immigration policies. Awareness of changing laws can help families navigate their options.
2. Know Your Rights: Understanding rights is crucial. Immigrants should familiarize themselves with their rights during encounters with law enforcement and immigration officials. Resources are available to help educate individuals and families on what to do if approached by authorities.
3. Create a Family Plan: Families should develop a safety plan that includes important contacts, legal documents, and steps to take in case of an emergency. This ensures that everyone is prepared and knows what to do if the unexpected happens.
4. Build Communities Networks: Strengthening ties within the communities can provide emotional and practical support. Organizing meeting with neighbors, friends, and local organizations can create a stronger support system for everyone facing uncertainty.
5. Seek Legal Guidance: Consulting with immigration attorneys can help families understand their legal status and explore options for protection. Having a legal plan in place can make a significant difference in times of crises.
6. Engage in Advocacy: Maria found her voice by getting involve in local advocacy efforts. Participating in community forums, joining peaceful demonstrations, and connecting with organizations that fight for immigrant rights can make a difference.
7. Share Knowledge and your experience with family and friends.

** A FUTURE BUILT ON RESILENCE

As Maria takes a deep breath, she reminds herself that she is not alone. The strength of immigrant communities lies in their resilience and ability to adapt. While the challenges posed by Trump’s administration and its seismic immigration policies are daunting, there is hope in unity and preparation.

At www.thelawschell.com, we are committed to providing resources, support, and legal guidance to help immigrant families navigate this uncertain landscape. Together, we can face the future with courage and determination, ensuring that dreams are not just dreams, but attainable realities for generations to come. In the face of diversity, let us stand together, prepared and ready to advocate for a brighter tomorrow.

GOD BLESS AMERICA!

A história de Maria não é única; ecoa as experiências de milhões de imigrantes em todo o país. Com o compromisso de Trump de implementar a deportação em massa de imigrantes indocumentados, o tecido das comunidades construídas sobre diversidade e resiliência está em risco. Como famílias de imigrantes como a de Maria podem se preparar para as tempestades que estão por vir?

** ENTENDENDO A PAISAGEM: Uma Nova Era de Política de Imigração

Para seu segundo mandato, o presidente eleito Donald J. Trump pediu a aplicação de políticas de imigração mais rígidas, com foco na deportação em massa e no aumento da fiscalização. O Departamento de Segurança Interna e outras agências federais estão se preparando para essas mudanças, que podem alterar drasticamente a vida de inúmeros indivíduos e famílias.

Aqui estão os elementos-chave dessa mudança sísmica:

1. Iniciativa de deportação em massa: A promessa do presidente eleito Donald J. Trump de deportar milhões de imigrantes indocumentados levanta preocupações significativas sobre o impacto nas famílias, comunidades e economia.

1. Aumentar a fiscalização: O Departamento de Imigração planeja alocar mais recursos para identificar e deter indivíduos que infringiram a Lei de Imigração, aumentando a sensação de medo nas comunidades de imigração.

1. Embora o governo Trump possa pressionar por uma aplicação agressiva, muitos antecipam batalhas legais que podem desafiar a constitucionalidade e a justiça de tais ações.

** PREPARANDO-SE PARA A INCERTEZA: PASSO PARA AS COMUNIDADES DE IMIGRANTES

Maria sabe que a preparação é fundamental. Aqui estão as medidas acionáveis que as comunidades de imigrantes podem tomar para proteger suas famílias e garantir seu futuro.

1. Mantenha-se informado: Verifique regularmente fontes confiáveis, incluindo organizações jurídicas e grupos de defesa da comunidade, para obter atualizações sobre as políticas de imigração. A conscientização sobre as mudanças nas leis pode ajudar as famílias a navegar em suas opções.
2. Conheça seus direitos: Compreender os direitos é crucial. Os imigrantes devem se familiarizar com seus direitos durante os encontros com policiais e funcionários da imigração. Recursos estão disponíveis para ajudar a educar indivíduos e famílias sobre o que fazer se forem abordados pelas autoridades.
3. Crie um plano familiar: As famílias devem desenvolver um plano de segurança que inclua contatos importantes, documentos legais e medidas a serem tomadas em caso de emergência. Isso garante que todos estejam preparados e saibam o que fazer se o inesperado acontecer.
4. Construir redes de comunidades: O fortalecimento dos laços dentro das comunidades pode fornecer apoio emocional e prático. Organizar reuniões com vizinhos, amigos e organizações locais pode criar um sistema de apoio mais forte para todos que enfrentam incertezas.
5. Procure orientação jurídica: Consultar advogados de imigração pode ajudar as famílias a entender seu status legal e explorar opções de proteção. Ter um plano legal em vigor pode fazer uma diferença significativa em tempos de crise.
6. Envolva-se na advocacia: Maria encontrou sua voz envolvendo-se em esforços locais de defesa. Participar de fóruns comunitários, participar de manifestações pacíficas e conectar-se com organizações que lutam pelos direitos dos imigrantes pode fazer a diferença.
7. Eduque os outros: Compartilhe seu conhecimento com amigos e familiares.

** UM FUTURO CONSTRUÍDO SOBRE O SILÊNCIO

Enquanto Maria respira fundo, ela se lembra de que não está sozinha. A força das comunidades de imigrantes reside em sua resiliência e capacidade de adaptação. Embora os desafios impostos pelo governo Trump e suas políticas sísmicas de imigração sejam assustadores, há esperança na unidade e na preparação.

Na www.thelawschell.com, estamos comprometidos em fornecer recursos, suporte e orientação jurídica para ajudar as famílias de imigrantes a navegar nesse cenário incerto. Juntos, podemos enfrentar o futuro com coragem e determinação, garantindo que os sonhos não sejam apenas sonhos, mas realidades alcançáveis para as próximas gerações. Diante da diversidade, vamos ficar juntos, preparados e prontos para defender um amanhã melhor.

DEUS ABENÇOE A AMÉRICA!

Most of the officials appointed by President Joe Biden to work on immigration have resigned in frustration, according to a bombshell report from The New York Times in April. “The White House has been divided by furious debates over how – and whether – to proceed in the face of a surge of migrants crossing the southwest border,” the report said.

Some wanted more openness to immigrants of all kinds. Others wanted a coherent set of rules to be applied to the millions of people at the border. And some others wanted a compromise with Republicans to create a new merit-based, green-card system. They all got nothing.

A new report from the Department of Homeland Security for August confirmed over 2 million border apprehensions and expulsions this year so far. Previously, the United States only experienced more than 1 1/2 million apprehensions a few times in its history: during the late 1990s and then in 2021. At the current pace, that record could be doubled by the end of this year. And next year, if no policies change, it could double again…

Open border chaos increases human trafficking and drug trafficking. It turns what should be a foreign policy strength into a national security weakness.

When we ponder what Biden should do to address the immigration mess at the border, the honest answer is: something, anything. Because the status quo of playing politics while seemingly ignoring policy is not only politically divisive, but it’s also missing a golden opportunity.

Biden should take advantage of his moment in history to boldly reform American refugee policy. He could, at the stroke of a pen, redefine how many refugees are allowed into the United States by taking advantage of the distinction our laws make between those granted temporary protection and those awarded permanent residency.

Editor’s Note: Tim Kane is the president of the American Lyceum and a visiting fellow at the Hoover Institution. His most recent book is “The Immigrant Superpower.” The views expressed in this commentary are his own. View more opinion on CNN.https://www.cnn.com/2022/10/05/opinions/immigration-policy-biden-administration-kane/index.html

Immigration and Nationality Act (“INA”) § 241 (a)(5) states, “if the Attorney General finds that an alien has reentered the United States illegally after having been removed or having departed voluntarily, under an order of removal, the prior order of removal is reinstated from its original date and is not subject to being reopened or reviewed, the alien is not eligible and may not apply for any relief under this chapter, and the alien shall be removed under the prior order at any time after the reentry.”

Reinstatement of removal is applied to noncitizens who reenter the United States illegally after having been removed under an order of deportation and makes such individuals ineligible for all forms of discretionary relief, including adjustment of status, under the INA. It does not apply to noncitizens who were ordered deported or excluded but failed to comply with the order.

For more information about reinstatement of removal, call the Law Offices of Norka M. Schell, LLC at 212-258-0713.