Trump: Here’s how I’d make Mexico pay for the wall

WASHINGTON - Donald Trump says he will force Mexico to pay for a border wall as president by threatening to cut off the flow of billions of dollars in payments that immigrants send home, an idea that could decimate the Mexican economy and set up an unprecedented showdown between the United States and a key diplomatic ally.

In a two-page memo to the Washington Post, Trump outlined for the first time how he would seek to force Mexico to pay for a 1,000-mile border wall, which he has made a cornerstone of his presidential campaign.

The proposal would jeopardize a stream of cash many economists say is vital for Mexico's struggling economy. But the feasibility of Trump's plan is unclear legally and politically and would test executive powers.

In the memo, Trump said he would threaten to change a rule under the USA Patriot Act antiterrorism law to cut off a portion of the funds sent to Mexico through money transfers, commonly known as remittances. The threat would be withdrawn if Mexico made 'a one-time payment of $5-10 billion” to pay for the border wall.

'It's an easy decision for Mexico,” Trump wrote.

He gave the memo to the Post in response to a written question provided to him before an interview last week.

Nearly $25 billion was sent home by Mexicans living outside that country in 2015, mostly in the form of money transfers, according to the Mexican central bank. In his memo, Trump said 'the majority of that amount comes from illegal aliens.”

The central bank's figure includes cash from around the world, not just the United States. A Government Accountability Office report this year said it is difficult to track how much money illegal Mexican immigrants send versus those here legally.

Throughout the campaign, Trump has asserted he could build the barrier for about $8 billion - a figure numerous experts call dubious because of the obstacles of building an impenetrable concrete wall through numerous jurisdictions.

The odds of success for Trump's proposal to pay for such a wall are fraught with challenges. Although there is a shortcut in the Administrative Procedure Act that allows for 'interim” regulations that take effect immediately without going through the regular public notice and comment process, there are limitations to that authority.

Based on the process for changes laid out in the Federal Register, Trump as president could potentially invoke a change by making the argument that illegal immigration is an emergency that must be addressed immediately or is a threat to public health or safety.

But such a rule would presumably apply to limiting wire transfers, canceling visas or raising visa fees - not about directly limiting immigration. That could make it harder for Trump to argue that any of those criteria meet the exceptions, according to some experts.

After reviewing the proposal, one immigration law expert said he is skeptical.

'Trump is giving an extremely broad definition of this section of the Patriot Act and what it allows, and it'd surely be litigated,” said Stuart Anderson, executive director of the National Foundation for American Policy, a think tank in Virginia. 'It would be a large expansion beyond what the text reads.”

Anderson said Trump's memo also leaves unaddressed how normal financial transactions across borders would be affected and whether there would be a more aggressive federal intrusion into the growing number of financial transactions on the internet.

Entitled 'Compelling Mexico to Pay for the Wall,” the memo is the latest attempt by the Republican presidential front-runner to offer more specifics at a time he faces tough head winds.

The memo includes rationales for other potential tactics, including increased trade tariffs, cancellation of visas and higher fees for border-crossing cards.

But at the core of Trump's approach is a focus on the remittances of illegal immigrants, which he argues are crucial to Mexican economic stability and are a way of pressuring the country to disburse billions of dollars.

Trump's official immigration plan last year featured a pledge to 'impound all remittance payments from illegal wages” and to hike fees on temporary visas, among other actions, but it did not go into further detail.

Trump's memo echoes suggestions that have been made by Sen. Jeff Sessions of Alabama, a key Trump ally. A former top aide to Sessions is Trump's policy adviser.

Starting on 'day 1,” Trump writes, he would issue a warning to Mexico that unless it pays his desired amount, he will promulgate a new provision that would lead to a sweeping confiscation of funds sent by Mexicans in the United States who lack documentation of their 'lawful presence.”

On 'day 2,” Trump continued, 'Mexico would immediately protest.” But he would declare that Mexico must choose between the enforcement of his provision or acquiescing.

To explain how he would have the standing to pursue his strategy, Trump cites a Code of Federal Regulations provision that sets standards for financial institutions in identifying customers.

That provision, Trump said, makes it possible for the executive branch to 'issue detailed regulations on the subject.” He predicted Mexico would eventually do what he wants.

Trump writes that 'if the Mexican government will contribute $__ billion to the United States to pay for the wall, the Trump Administration will not promulgate the final rule, and the regulation will not go into effect.”

Many academics and economists have said that Trump's notion of impounding remittances could have devastating consequences, harming poor communities and families who rely on funds from abroad to provide food and shelter.

But Trump closes his memo with a scathing critique of Mexico, saying it has 'taken advantage” of the United States through 'gangs, drug traffickers and cartels” responsible for 'the extraordinary daily cost of this criminal activity.”