Cecily Zamora
There have been several accusations of Joe Biden breaking the law during his presidency. These include claims that he has pursued an open border, pro-amnesty agenda, and that he has defended the FISA Amendments Act, which he previously voted against. Biden has also been accused of breaking the law by ordering Yemen airstrikes.
| Characteristics | Values |
|---|---|
| Reversed border policies | Biden has reversed border policies implemented by former President Trump, including the 'Remain in Mexico' policy |
| Violated presidential norms | Biden has been accused of violating presidential norms and breaking legal boundaries |
| Defended unconstitutional law | Biden's administration has defended Section 702 of the FISA Amendments Act, which Biden himself voted against in 2008 |
| Ordered Yemen airstrikes | Biden ordered airstrikes in Yemen, which some experts argue may have broken the law |
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What You'll Learn
Biden's reversal of Trump's border policies
Joe Biden has been accused of breaking the law by Senator Roger Marshall, who claims that Biden has "already established a clear and disturbing record of his determination to violate presidential norms and break the legal boundaries imposed on him".
One of the main accusations against Biden is that he has reversed former President Trump's border policies. Biden has been accused of pursuing a "radical, open border, pro-amnesty agenda". In September 2021, the Supreme Court ordered the Biden administration to reinstate Trump's 'Remain in Mexico' policy, which had been reversed by Biden.
Another accusation is that Biden has defended Section 702 of the Foreign Intelligence Surveillance Act, which allows the government to collect Americans' international phone calls, text messages, emails, and other digital communications without a warrant. Biden himself voted against this amendment when he was a senator, calling it "constitutionally infirm".
There have also been questions over Biden's decision to order airstrikes in Yemen. While it is not clear whether this broke the law, there have been similar incidents in the past where presidents have authorised airstrikes without congressional approval, such as when Barack Obama authorised airstrikes in Libya in 2011.
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Biden's defence of Section 702
Joe Biden has been accused of breaking the law on several occasions during his presidency. One of the most notable accusations is that he broke the law by ordering Yemen airstrikes. There have also been claims that Biden has pursued an 'open border, pro-amnesty agenda', which has been blocked by the Supreme Court.
However, the only law mentioned by name in relation to Biden's alleged law-breaking is Section 702. Section 702 is a provision of the Foreign Intelligence Surveillance Act (FISA) that allows the government to collect Americans' international phone calls, text messages, emails, and other digital communications without a warrant.
Biden has been criticised for defending Section 702, despite previously calling it 'constitutionally infirm' when he was a senator. As a senator, Biden voted against the FISA Amendments Act, which created Section 702. However, as president, Biden has continued to defend this law, even though it has been deemed unconstitutional by some.
However, civil liberties groups have raised concerns about the potential for abuse and the lack of oversight. They argue that the government should not have the power to collect Americans' communications without a warrant, and that Section 702 could be used to target individuals for their political beliefs or associations. Despite these concerns, Biden has continued to defend Section 702, indicating that he believes the benefits of the law outweigh the potential risks to civil liberties.
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Biden's Yemen airstrikes
Biden has been accused of breaking the law by ordering Yemen airstrikes. In January 2024, the US and the UK began a series of airstrikes against the Houthis, an Iran-backed group. The Biden administration did not explain its targeting, but analysts believe officials were trying to avoid civilian casualties and not rekindle Yemen’s stalemated war.
The Houthis are pitted against the country’s exiled government and their local and international allies, like Saudi Arabia and the United Arab Emirates. The Houthis are also known as Ansar Allah and have been designated a Foreign Terrorist Organisation by the US.
The airstrikes have caused a humanitarian crisis. Yemeni-Americans have described how they account for each family member via messaging apps like WhatsApp after each strike, and breathe a sigh of relief when they know their loved ones have survived. Many have been killed or displaced, and their homes have been damaged or destroyed entirely by US-made bombs.
In February 2021, Biden vowed that the war in Yemen "has to end". However, he has neither ended weapons sales to Saudi Arabia nor held the Saudis accountable for the humanitarian crisis the war has caused.
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Biden's open borders agenda
In response to Marshall's claims, it could be argued that Biden is simply attempting to reverse some of the more controversial policies of his predecessor. For example, in 2020, Congress passed a resolution to rein in the president's war powers after Trump ordered a strike that killed a top Iranian military commander without briefing Congress. Trump vetoed the resolution, but the episode highlights the ambiguity in existing law regarding presidential authority to order airstrikes.
Furthermore, Biden's defence of Section 702 of the Foreign Intelligence Surveillance Act could be seen as a contradiction of his previous stance on the issue. As a senator, Biden voted against the FISA Amendments Act, which legalized mass surveillance without a warrant. Despite this, his administration is now defending the law, raising questions about his commitment to protecting civil liberties.
While Biden's agenda on border security and immigration may face legal challenges, it is important to note that the president has the power to shape immigration policy within the boundaries of existing laws. The Supreme Court's ruling on the 'Remain in Mexico' policy demonstrates the checks and balances in place to hold the executive branch accountable.
In conclusion, while Biden's open borders agenda has faced criticism and legal challenges, it is part of a broader effort to reverse some of Trump's hardline immigration policies. The president's actions on border security and immigration are subject to judicial review, ensuring that they do not exceed legal boundaries.
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Biden's restriction of ICE's ability to detain illegal immigrants
It has been argued that Joe Biden broke the law by ordering Yemen airstrikes. It has also been argued that Biden broke the law by restricting Immigration and Customs Enforcement's (ICE) ability to detain illegal immigrants crossing the southern border. A federal judge blocked the Biden administration's attempt to restrict ICE's ability to detain illegal immigrants, ruling that the administration was skirting federal law established by Congress.
Senator Roger Marshall has also accused Biden of pursuing a "radical, open border, pro-amnesty agenda", and attempting to "subvert the rule of law in an attempt to further an un-American open borders agenda".
In addition, Biden has been criticised for defending Section 702 of the FISA Amendments Act, which he previously voted against, citing that it was "constitutionally infirm".
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Frequently asked questions
This is unclear. Biden ordered the strikes in 2024, and experts have noted that Congress can pass legislation reining in the president's war powers if it wants a greater say, given the ambiguity in existing law.
Senator Roger Marshall has accused Biden of pursuing a radical, open border, pro-amnesty agenda. The Supreme Court ordered the Biden administration to reinstate former President Trump's 'Remain in Mexico' policy.
A federal judge blocked the Biden administration's attempt to restrict ICE's ability to detain illegal immigrants, ruling that the administration was skirting federal law established by Congress.
Biden voted against the FISA Amendments Act, which legalized a secret mass surveillance program, when he was a senator. However, his administration is now defending this law.
