Gene Hamilton, Vice President and General Counsel at America First Legal, recently provided testimony at a House Judiciary Subcommittee on Immigration Integrity, Security, and Enforcement hearing. The hearing was titled "Presidential Power to Secure the Border." During his testimony, Hamilton stated that the executive branch possesses the necessary tools to control illegal immigration at the border. He attributed the crisis at the southern border to policy decisions made by the executive branch.
"Congress has provided the President and the Executive Branch with significant, powerful tools that—if used and used effectively—can reduce illegal immigration to a trickle at the border," said Hamilton. "There are indeed some problems with some portions of the existing legal regime that Congress has provided and some problematic court decisions that frustrate the Department of Homeland Security's ability to enforce the law, particularly with respect to certain demographic groups of aliens. But those flaws with the enforcement regime have little to do with the unprecedented crisis we see at the southern border today."
Hamilton explained that Congress has granted certain powers to the president to manage immigration at the border. He believes that the executive branch retains sufficient tools to prevent chaos at the border. Hamilton pointedly criticized President Biden's policy decisions since assuming office in 2021. He underscored principles such as a nation's right to defend its borders, the importance of deporting illegal aliens to uphold national sovereignty, and respect for legal processes.
Data from U.S. Customs and Border Patrol reveals that there were over 300,000 encounters in December 2023 at the southwest border - a record high. Since February of 2021, encounters at the southern border have exceeded 7.2 million.
A report from the House Homeland Security Committee indicates that immigrants detained at the border are subsequently released into the interior of the U.S. As of March 2023, approximately 2,464,424 illegal immigrants had been released into U.S territory. The report described this situation as "a national security, humanitarian, and public safety disaster." It also noted that Mexican drug cartels, criminal organizations, and human smugglers have exploited this border crisis. Cartels have reportedly smuggled fentanyl across the border which has subsequently infiltrated numerous American cities.
The America First Legal website provides additional background on Hamilton's career history. He served as counselor to the attorney general at the United States' Department of Justice from 2017-2021 and as senior counselor to the secretary of Homeland Security. Currently he holds the position of Vice President and General Counsel at America First Legal.
