Donald Trump’s Border Wall and Treaty Infringement

Kristi Sutton, Inan Uluc

Abstract

Historically, the relationship between Mexico and the United States was one of respect, understanding, and cooperation. Geographic proxim¬ity demands that the two nations exist in harmony and collaborate to maintain a safe border and sustainable water consumption. However, with increasing frequency, the Department of Homeland Security challenges bi-lateral treaties entered into by Mexico and the United States. These treaties continue to face infringement as U.S. Presidents, past and present, build larger, longer south¬ern border walls. This article explores the federal laws supporting this border construction and further discusses the sparse caselaw examining constitutional challenges raised against the Department of Homeland Security regarding the Secretary’s waiver authority. Following this exploration, this study probes into the powers of treaty law as strong legal authority used to challenge and prevent future wall construction.

Keywords

1970 Boundary Treaty; 1944 Water Treaty; Executive Order 13767; IIRIRA; REAL ID Act

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