Okay, so there’s a lot of arguing going back and forth over how CBP & Border Patrol are doing crowd control & peace officer enforcement. Their basic authority is under 8 USC 1357. But just like other agencies under DHS, there are a variety of other ways they can legally get that
2) authority. What we are seeing is that Congress and DHS has given agencies ways of using authorities outside the scope of their mandates. This was done so that in the event of another 9/11, agencies would not be limited in their response to protect the nation and lives.
3) What Trump is doing is he’s using these rules meant for a catastrophic event to create chaos. He is using these rules that give agencies extra authority to prevent people from tagging statues and federal property. I don’t think the argument needs to be about who has what
4) what authority and under what statute. The argument we should be making is that Trump is misusing these statutes. He is abusing his power. DHS is abusing their power. Border Patrol and CBP are abusing their power. The problem is that these statutes and how and
5) when they should be used appear to have very little limitations. This is the problem. This is always the problem after an event like 9/11. Agencies grab as much power as possible and lawmakers give it to them. So, what we have to demand are limits and oversight in how and
6) when they are used. When the El Paso shooter attacked shoppers in Walmart, it was a good thing so many immigration agents showed up and performed duties outside of their normal authority. It’s not a good thing to use them against Americans protesting about police brutality
7) In cities across the country. It is not appropriate to use them to create lawlessness, so you can then go in and look like your tough on crime. And it is patently illegal to use them against people just because you disagree with their politics.
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