Buttigieg’s Ignorance of Law

On Fox News with Kayleigh McEnany, Democrat Pete Buttigieg claimed that in President Trump’s immigration efforts, “The people that are supposed to be enforcing the law are breaking the law. It has been held in court that they’ve violated countless court orders.”

Court orders are not law. Federal courts have no constitutional authority to micromanage the executive branch

Court orders, however, are not law. Federal courts have no constitutional authority to micromanage the executive branch, and when they attempt to do so, they violate the separation‑of‑powers framework the Constitution demands. A court may issue an opinion, but it cannot substitute its will for the executive’s constitutional duty to enforce federal statutes.

And the law itself is clear. Article I, Sections 8 and 9 grant the federal government authority over immigration. Article II, Sections 1 and 3 charge the President with executing those laws. Articles I and IV empower the federal government to protect the States from invasion and to suppress insurrection. Article I, Section 8 also authorizes the use of the militia to “execute the Laws of the Union,” a power that directly encompasses the National Guard under the Militia Act of 1903.

Federal immigration statutes explicitly make unlawful entry a crime. They authorize federal agencies to apprehend, detain, and deport individuals who violate immigration protocols. They also establish a concurrent responsibility for local law enforcement to assist in the apprehension and detainment process, just as local police would secure a scene and detain suspects in a federal bank robbery until federal agents arrive.

In short, immigration authorities are enforcing the law as written. The claim that they are “breaking the law” collapses the moment the Constitution and federal statutes are actually consulted.