How would you summarize the following information?<\/p>
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President Donald J. Trump's immigration policies as outlined in Executive Order 13767 have drastically impacted landowners along the southern border. These landowners now face the prospect of a mass seizure of their private land for border wall construction. From President Trump's derogatory statements regarding Mexicans to a report calling into question the effectiveness of border walls released by the Department of Homeland Security (\"DHS\") Office of Inspector General (\"OIG\"), Trump's immigration policies have consistently trampled over the constitutional rights of U.S. citizens living at the southern border. When legislation is not discriminatory on its face, racial animus can be established in one of three ways: (1) contemporary statements by members of the decision-making body, (2) departures from the normal procedural sequence, and (3) disparate impact on a particular group. Dep't of Homeland Sec. v. Regents of the Univ. of Cal., 140 S. Ct. 1891, 207 L. Ed. 2d 353 (2020). When speaking about border walls, then-candidate Trump relied on raciallycharged language to instill fear in U.S. citizens in order to build political support for border wall construction. Only days after his inauguration, President Trump issued Executive Order 13767 that called for a border wall along the entirety of the southern border with Mexico. Border wall construction involves more than just attempting to stop illegal immigration. It involves a mass seizure of land, waiver of countless federal and state laws at the border, and severe damage to the environment and cultural history of U.S. citizens living on the southern border. In South Texas, border walls are especially damaging as the cities and towns along the border will lose access to the only river they have, the Rio Grande. Additionally, many of the communities along the Rio Grande are hundreds of years old and are built up right along the river, with many historic buildings and cultural sites located along the path of the proposed border wall. In Mission, Texas, the border wall threatens La Lomita Chapel, an important and historic Catholic shrine listed in the National Register of Historic Places. In San Ygnacio, Texas, the small town's historic district has at least 115 sites and buildings designated as contributing historic sites, including the Trevio-Uribe Rancho, San Ygnacio's oldest structure and a National Historic Landmark the same historic status as the Golden Gate Bridge, the Statue of Liberty, the Alamo, and Mount Rushmore. In Laredo, Texas, the border wall would result in the destruction of numerous homes and parks located along the river. The wall would even take land from the local community college. In addition to the environmental, recreational, and cultural harms of a border wall located along the Rio Grande, the wall could also affect drainage and cause flooding on both the American and Mexican sides of the river. This paper outlines why Executive Order 13767 violates the Equal Protection Clause of the Fifth Amendment and shows how DHS and the U.S. Customs and Border Protection agency (\"CBP\") departed from the normal procedural sequence when seeking to meet the policy directives of Executive Order 13767. This paper concludes with a discussion on what president-elect Joseph Biden should do within his first 100 days in office. As President Trump said in a different context, \"[t]he cure cannot be worse than the problem itself. Can't. The cure cannot be worse.\" Eviscerating the U.S. Constitution at the southern border in order to attempt to stem illegal immigration is a cure that is far worse than the problem. Contemporary Statements by Trump and the CBP Commissioner When Trump infamously announced his candidacy for the presidency of the United States, the world witnessed the beginning of an assault on immigrants from Latin America resulting in a policy to construct a border wall along the entirety of the southern border. Then-candidate Trump said: \"When Mexico sends its people, they're not sending their best. They are sending people that have lots of problems, and they're bringing those problems with [sic] us. They're bringing drugs. They're bringing crime. They're rapists.\" Further, in June of 2016, thencandidate Trump questioned whether U.S. Federal District Court Judge Gonzalo Curiel born in Indiana could be impartial in a case where Trump was a litigant. Then-candidate Trump said: \"We are building a wall. He's a Mexican.\" When asked to clarify, Trump doubled downed: TAPPER: You're invoking his race, talking about whether or not he can do his job. TRUMP: Jake, I'm building a wall. OK? I'm building a wall. I'm trying to keep business out of Mexico. Mexico's fine. TAPPER: But he's an American. TRUMP: He's of Mexican heritage and he's very proud of it, as I am where I come from, my parents. TAPPER: But he's an American. You keep talking about it's a conflict of interest because of Mexico. Trump repeatedly demonized immigrants to justify border wall construction: On or about July 6, 2015, President Trump tweeted and subsequently deleted: \"@RobHeilbron: @ realDonaldTrump #JebBush has to like the Mexican Illegals because of his wife.\" On or about October 19, 2016, thencandidate Trump said: \"We have some bad hombres here and we're gonna get them out.\" On or about June 24, 2018, President Trump tweeted: \"We cannot allow all of these people to invade our Country. When somebody comes in, we must immediately, with no Judges or Court Cases, bring them back from where they came. Our system is a mockery to good immigration policy and Law and Order. Most children come without parents...\" On or about March 13, 2019, President Trump said: \"The massive, surging flow of illegal immigration, trafficking, drugs, and crime threaten the safety and security of all Americans.\" On or about August 19, 2019, President Trump tweeted: \"Democrats want Open Borders and Crime. So dangerous for our Country. But we are building a big, beautiful, NEW Wall!\" On or about December 6, 2019, President Trump tweeted: \"Without the horror show that is the Radical Left, Do Nothing Democrats, the Stock Market and Economy would be even better, if that is possible, and the Border would be closed to the evil of Drugs, Gangs and all other problems! #2020\" On or about December 30, 2019, President Trump said: \"We believe our country should be a sanctuary for law abiding Americans, not for criminal aliens. The open borders agenda of the radical left causes profound harm to poor working-class Americans, their extreme policies overcrowd schools and hospitals, they drain vital public resources, deplete health care dollars, and place enormous burdens on taxpayers of every background.\" On or about June 25, 2019, CBP's Commissioner Mark Morgan echoed President Trump when he stated: \"I've been to the detention facilities where I've walked up to these individuals that are, so called, minors, 17 or under, and I've looked at them and I've looked at their eyes, Tucker, and I said, that is a soon to be MS-13 gang member, it's unequivocal.\" President Trump and Commissioner Morgan's statements reveal discriminatory motives against Latin Americans to justify border wall construction along the southern border. Departure from Normal Procedural Sequences President Trump issued Executive Order 13767, which states that the executive branch's policy is to: secure the southern border of the United States through the immediate construction of a physical wall on the southern border, monitored and supported by adequate personnel so as to prevent illegal immigration, drug and human trafficking, and acts of terrorism . . . The Executive Order further called for CBP to conduct a study within 180 days that included \"a strategy to obtain and maintain complete operational control of the southern border.\" On July 14, 2020, the United States Department of Homeland Security's Office of Inspector General (\"DHS-OIG\") issued a report (\"OIG Report\") questioning DHS and CBP's decision making process regarding where to build border walls. In the report, the DHS-OIG made the following findings: Specifically, CBP did not conduct an Analysis of Alternatives (\"AoA\") to assess and select the most effective, appropriate, and affordable solutions to obtain operational control of the southern border as directed, but instead relied on prior outdated border solutions to identify material alternatives for meeting its mission requirements. CBP did not use a sound, welldocumented methodology to identify and prioritize investments in areas along the border that would best benefit from physical barriers. The Department also did not complete the required plan to execute the strategy to obtain and maintain control of the southern border, as required by its Comprehensive Southern Border Security Study and Strategy. Without an Analysis of Alternatives, a documented and reliable prioritization process, or a plan, the likelihood that CBP will be able to obtain and maintain complete operational control of the southern border with mission effective, appropriate, and affordable solutions is diminished. The OIG Report revealed that CBP had failed to identify solutions for securing the southern border by reviewing alternatives to border walls. In its 2018 appropriations bill, Congress directed DHS to provide a risk-based plan (\"2018 Risk Plan\") within 180 days after the enactment of the bill into law. The riskbased plan called for the following: An identification of the planned locations, quantities, and types of resources, such as fencing, other physical barriers, or other tactical infrastructure and technology, under the plan; and A description of the methodology and analyses used to select specific resources for deployment to particular locations under the plan that includes (A) analyses of alternatives, including comparative costs and benefits; (B) an assessment of effects on communities and property owners near areas of infrastructure deployment; and (C) a description of other factors critical to the decision-making process. On or about July 16, 2019, the U.S. Government Accountability Office (\"GAO\") issued an audit of DHS's 2018 Risk Plan, which contained the following findings: The [2018 Risk Plan] provides CBP's definition of an alternatives analysis, but otherwise provides only limited information on alternatives analyses it is conducting (or has conducted). Moreover, the plan does not include an assessment of the effects of infrastructure deployment on communities and property owners. The plan states that CBP has consulted with federal stakeholders concerning the environmental impacts of border barriers but provides no details on the results of those consultations. Finally, the plan does not include information on how it was reviewed and approved and does not include certification or confirmation that all activities conducted under the plan comply with federal acquisition rules, requirements, guidelines, and practices. In its own report, the U.S. House of Representatives (\"House\") condemned DHS for its failure to comply with congressional mandates relating to Border Security Improvement Plans: \"[w]ithout the comprehensive analysis Congress has required in law for the past four fiscal years, Congress lacks essential information for determining how best to invest scarce taxpayer dollars.\" The House Report added: \"[t]here are also significant concerns about the negative impacts of physical barriers on border communities and border area ecology.\" The OIG Report, GAO Report, and House Report provide evidence that DHS and CBP ignored the will of Congress and departed from normal procedural sequences by failing to conduct thorough analyses required by law before constructing border walls. DHS and CBP, marching in lockstep with President Trump, failed to conduct the required studies in order to expedite border wall construction and keep Trump's campaign promise to build \"a big, beautiful, NEW Wall!\" Disparate Impacts In Arizona, CBP is using dynamite to destroy mountainsides and desert landscapes in order to build the border wall. The contractors have added lights that allow crews to work round the clock in order to meet President Trump's promise of 450 miles of border wall before the end of the year. In July 2020, Zapata County, Texas, along with several landowners, filed suit against President Trump challenging the constitutionality of Executive Order 13767 and the use of the REAL ID Act to waive various laws that include the National Environmental Policy Act and the Federal Water Pollution Control Act (commonly referred to as the Clean Water Act). The purpose of the litigation is to protect San Ygnacio from losing its cultural heritage like the communities in Arizona. Border wall construction can have a devastating impact on the environment and identity of places along the southern border. The U.S. Department of the Interior stated that construction, maintenance of border walls, and Border Patrol activities would likely harm threatened and endangered species for years to come. The Biden Promise During his campaign, president-elect Joseph Biden promised that \"there will not be another foot of wall constructed on [his] administration.\" Once he takes office, president-elect Biden should issue an executive order that rescinds Executive Order 13767 and places a hold on further border wall pre-construction activities, including a halt on the use of eminent domain to obtain temporary easements on private property and the use of eminent domain to seize fee title. All other construction activities should also cease. This stop in border wall construction will provide president-elect Biden with the opportunity to visit with the communities along the southern border and learn about the constitutional problems posed by Executive Order 13767. Biden should require that Alejandro Mayorkas, the incoming secretary of DHS, order CBP to complete the studies outlined in the OIG Report, GAO Report, and House Report in order to develop a plan that secures the southern border while also respecting the rights of U.S. citizens living along the southern border. lll Carlos Evaristo Flores is an attorney, community activist, and educator born in Laredo, Texas, who has spent the last twenty-five years advocating for working-class families, border residents and students. Mr. Flores is best known for his work in Laredo to stop border wall construction, and currently serves as lead counsel in Zapata v. Trump, a lawsuit challenging the constitutionality of President Trump's Executive Order 13767 on equal protection grounds. Mr. Flores is also currently an adjunct faculty member at Texas A&M International University. He is a graduate of the University of Texas School of Law. Jose \"Chito\" Vela III is originally from Laredo, Texas. He graduated from the University of Texas at Austin with a bachelor's in history, a master's in public affairs, and a law degree. Following law school, Mr. Chito worked in the Open Records Division of the Texas Attorney General's Office. In 2007, he became General Counsel to Texas State Rep. Solomon Ortiz, Jr. In 2011, he started his own law practice before joining forces with Jennifer Walker Gates in 2013 to form Walker Gates Vela. Mr. Chito focuses on criminal defense and immigration, particularly the relationship between the two. Natalie S. Lewis is a third year law student at Texas Tech University School of Law. She was born in Laredo, Texas, and attended the University of Texas at Austin for her undergraduate degree. She plans to practice law in Laredo upon graduating law school.<\/p>", "transcribed_text": "", "related_book": { "title": "International Marketing And Export Management", "isbn": "1292016922, 978-1292016924", "edition": "8th Edition", "authors": "Gerald Albaum , Alexander Josiassen , Edwin Duerr", "cover_image": "https:\/\/dsd5zvtm8ll6.cloudfront.net\/si.question.images\/book_images\/652ce9c2c4de0_70261.jpg", "uri": "\/textbooks\/international-marketing-and-export-management-8th-edition-9781292016924", "see_more_uri": "" }, "free_related_book": { "isbn": "0077114523", "uri": "\/textbooks\/financial-accounting-and-reporting-1st-edition-9780077114527", "name": "Financial Accounting And Reporting", "edition": "1st Edition" }, "question_posted": "2024-06-12 15:10:13", "see_more_questions_link": "\/study-help\/questions\/social-sciences-sociology-2021-May-18", "step_by_step_answer": "The Answer is in the image, click to view ...", "students_also_viewed": [ { "url": "\/a-concise-summary-of-the-quantity-theory-of-money-is", "description": "A concise summary of the quantity theory of money is that inflation occurs because of too much money chasing too few goods. 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