By NEIL MUNRO
The much-touted emergency border “shutdown” in the establishment’s Border Act will not be activated unless the President’s Homeland Security (Chief Alejandro Mayorkas) says so, says a clause buried deep in the 280-page bill.
The legal loophole can be seen on page 119:
Whenever the border emergency authority is activated, the Secretary shall have the authority, in the Secretary’s sole and unreviewable discretion, to summarily remove from and prohibit, in whole or in part, entry into the United States of any alien identified in subsection (a)(3) who is subject to such authority in accordance with this subsection.
The loophole converts the supposedly “mandatory” border shutdown into a conditional presidential policy option — that can only be activated when there are many more migrants than during the border emergency declared by President Donald Trump during his first term.