IMPROVING

BORDER
SECURITY
WITHOUT CONGRESS

By Roger Ogden
San Diego, Ca
 Border Security Improvements
November 11, 2018

Recently, Christopher Harris gave me a list of three major actions which would
have a huge impact and can probably be implemented by President Trump by
executive action, without Congress.

Harris is Director of Political and Legislative Affairs for Local 1613 of the National
Border Patrol Council (NBPC) and a recently retired Border Patrol agent.

The three items are:

1. Designate Mexico a “Safe Third Country” for refugees

2. Restrict the rules governing who can receive asylum
3. Require E-Verify for all employers

Below, explanation and status is provided. This document will be updated as

things change or more is learned.

Safe Third Country Status – The Trump administration is working on this already.
The Law, 8 U.S.C. 1158(a)(2)(A) requires a “Safe Third Country” agreement to be
negotiated with Mexico. Such an agreement is already being discussed with
Mexico.

That Mexico has to agree to those classes of people we can send back to them
after they allow -- and even aid -- large masses of questionable asylum seekers to
cross their territory in order to reach our border is probably one of the “stupid
laws”, to which President Trump has referred. Mexico is to some degree often
complicit in allowing such people to cross their territory.

On November 10, 2018, President Trump banned asylum claims via a

proclamation for those who cross the border illegally for 90 days, which can be
extended, until a “Safe Third Country” agreement is concluded with Mexico.

Addressing Mass Migration through the Southern Border of the United States
I am similarly acting to suspend, for a limited period, the entry of certain
aliens in order to address the problem of large numbers of aliens traveling
through Mexico to enter our country unlawfully or without proper

2|Page
 Border Security Improvements
November 11, 2018

documentation. I am tailoring the suspension to channel these aliens to

ports of entry, so that, if they enter the United States, they do so in an
orderly and controlled manner instead of unlawfully. Under this
suspension, aliens entering through the southern border, even those
without proper documentation, may, consistent with this proclamation,
avail themselves of our asylum system, provided that they properly
present themselves for inspection at a port of entry.

Restrict the rules governing who can receive asylum - Harris said the rules are
made by government agencies in the “CFR”, the Code of Federal Regulations,
created by federal departments and agencies that Trump controls. In principal, at
least, Trump can influence these agencies to change the CFR’s for this law,
restricting who is eligible for asylum. A new law enacted by Congress is not
necessary.

Historically, those fleeing crime, spousal abuse, etc. have not been eligible for
asylum. Currently, if they do pass the initial screening, they are given a green card
and a court date 4-5 years in the future. They are legal residents, at least until
they skip the court day, which most of them will do.

Make E-Verify a requirement for all employers - I-9 forms (Employment Eligibility
Verification) are filled out by the illegal aliens and it is difficult now to hold the
employer responsible, if the illegal alien fraudulently represents himself as a legal
resident, who has permission to work in the U.S.

Harris believes that the CFR’s for the existing law, which applies to all employers,
can be changed by the President to require all employers to use E-Verify under
the existing law, which requires verification of the workers legal status. If
employers are required to use E-Verify and still hire an illegal, they can be held
accountable for it. The employers will no longer be able to claim they were
defrauded and did not know the workers are illegal.

The quote below mocking our employment enforcement was translated from a
guide for illegal border crossers, dated 2005, which was displayed as a large
poster in the main square of the historic downtown area of Mexicali only a block
away from the border.

3|Page
 Border Security Improvements
November 11, 2018

After the crossing

It is necessary to obtain certain documents. In the Mexican neighborhoods

everyone knows where to get fake papers to work. The green card and the
insurance card cost between 60 and 90 dollars. To get them you need two
photographs, a personal photo of passport size. Of course, it is a crime to
obtain, possess or use false papers; however, all illegal workers present
them to get a job and collect their check. With papers, you can apply for
work in the United States.

Most of the time you have to fill out an application asking if you have
permission to work in the United States. They ask you to write down the
name and phone number of three references, your address and how many
people depend on you (the more people, the less tax discount). Many
undocumented people give false information. The employers never verify it.

If E-Verify were to be implemented, the employers could finally be held legally

accountable and the penalties for employing illegal workers are quite stiff. The
employment law would no longer be a laughing matter for employers or illegal
workers.

4|Page