To build his beloved wall, President Trump has declared a national emergency, thereby allowing him to bypass Congress to fund construction of a barrier on the southern border of the country. But construction of the wall is bypassing more than Congressional approval. It is kicking property rights into the gutter.
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 authorizes the government to “waive all legal requirements . . . necessary to ensure expeditious construction of physical barriers and roads along the United States-Mexico border.” And that is precisely what the government is doing.
Regardless of one’s thoughts on the need for a wall, everyone should be concerned about this brazen grant of tyrannical powers to government officials. If legal requirements can be waived, then government officials have no restrictions on their actions. They can do anything that they deem necessary. And that is precisely what the government is doing.
As an example, the government has destroyed habitat, widened roads, and installed sensors on the property of the National Butterfly Center in Mission, Texas. They have done this despite the objections of the center, and despite the fact that the land remains its property.
Typically, if the government wants a parcel of land, it invokes eminent domain to seize the property. In such cases, the owner is given “just compensation.” But in the case of the National Butterfly Center, the government is simply taking over the land. This is the action of a tyrant.
A tyrant is above the law. A tyrant imposes his will upon the citizenry, and they are left with no means for redress. And this is precisely what is happening with the border wall.
Many–including the president–claim that a border wall is necessary to protect Americans. But if our property can be seized at the whim of politicians and bureaucrats, we face a much graver threat than that posed by illegal immigrants.