Subject: Re: NYC HS Students Forced....
We've seen all sorts of instances where creative rule making and clever usage of the administrative state could move mountains. The most recent example is Operation Warp speed to get vaccines delivered.

What's missing are the creativity to do it and the willpower to try.

No, what's missing is the type of statutory language that allows that sort of thing.

There are places in the statutes where the Executive is given a lot of wiggle room, and there are other places where they don't have it. Operation Warp Speed is an excellent example of that - the CARES Act (in response to Covid) gave the Executive a massive pot of money to use in almost any way he wanted to fight Covid, and the FDA statutes have all sorts of provisions that allow the rules to be bent in cases of emergencies - most notably the Emergency Use Authorizations (EUA's) that allow drugs to be rushed along in case of an actual emergency.

The provisions of the immigration laws don't have any of that stuff, which is why Donald Trump (who certainly didn't lack for willpower on this issue) wasn't able to push asylees out of the country either. The statute doesn't provide any flexibility to the Administration - people who are physically present in the U.S. get to ask for asylum, you can't send them back to their home country while it's pending, and you can't remove them to any other country unless you get that other country to enter into a bilateral agreement to take them.

Again - have you run across one of these creative ideas? What's your proposal for dealing with the massive number of people who gain physical entry to the U.S. (because you can't stop them from getting into the "swale" between our border fences and the border), and therefore have the right to request asylum without being removed?