Judge Jeanine defends Trump’s national emergency order: ‘Our southern border is overwhelmed’

February 18, 2019

Judge Jeanine defends Trump’s national emergency order: ‘Our southern border is overwhelmed’ Michael Vadon / CCL

Since President Donald Trump declared a national emergency on the southern border last week, Democratic leaders and the mainstream media have disputed that there is indeed an emergency — but Judge Jeanine Pirro is fighting back.

In an op-ed piece published by Fox on Sunday, Judge Jeanine defended Trump’s move, arguing that the situation at the border has endangered Americans and taking on those who disagree. 

“Our southern border is overwhelmed by illegal immigration, gang violence, crime, drugs and human trafficking,” she wrote. “If this isn’t a crisis at our border, it’s hard to know what is.”

Getting the facts straight

Illegal immigration remains a major problem in the U.S., according to Pirro, and she’s proud that President Trump was willing to make an “unpopular” choice to combat it.

“Being a leader means making tough and many times unpopular decisions. This week, we watched a leader declare a national emergency where one was unequivocally and undoubtedly needed,” Pirro wrote in her op-ed. “The left are lying to you when they say there is no crisis.”

Pirro went on to cite data from the Department of Homeland Security (DHS), reporting that so far in the 2019 fiscal year, DHS “has already seen a 136 percent increase in the number of family units and unaccompanied children. Over the last four months, 40,720 inadmissibles have entered our southwest border each month.”

“Thousands of violent criminals cross that border, endangering Americans,” she wrote.

Indeed, she says, “[i]n the last two years alone, ICE has arrested 266,000 illegal immigrants with criminal records, including those convicted of 4,000 homicides, 30,000 sex crimes and 100,000 assaults. And if you don’t believe those numbers, just look at the jails in Texas — 186 illegal immigrants and 276,000 illegal criminals were booked in local jails between 2011 and 2018.”

“This president is on firm legal ground”

Despite those alarming numbers, Democrats have made clear that they intend to challenge the president’s emergency declaration in the courts. But Pirro doesn’t think they’ll get very far.

“I can’t imagine that the Supreme Court would not support the declaration of an emergency given Congress’ repeated failure to act, and the president’s repeated attempts to make the Democrats act,” the Fox host wrote.

Moreover, she says, the “president is on firm legal ground. Both the Constitution and Congress have given him the right to declare emergencies as an executive action.”

Trump also has legal precedent on his side, Pirro wrote. In a 1952 case called Youngstown v. Ohio, the Supreme Court ruled that in these situations, the president is at the “zenith” of his power. In the words of former Justice Robert Jackson, whom Pirro cites:

The President is at his zenith of power here where Congress has delegated to him the authority and his own authority is at its maximum. He possesses his own right, plus all that Congress has delegated. In these circumstances, and in these only, may he be said to personify a federal sovereignty.

Indeed, it looks like Democrats’ failure to meet Trump’s demands before the Feb. 15 government shutdown deadline may have left them stuck. According to this judge, the president is well within his rights to declare a national emergency.

And “make no mistake,” writes Pirro, “Donald Trump will secure our border.”

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Robert Ayers

Robert Ayers is a writer for Conservative Institute. He has a Bachelor’s degree from Quinnipiac University and a JD from the University of Connecticut.