Does the US President have the legal authority to unilaterally close the country’s borders?












3














President Trump recently tweeted that he may close the country’s southern border if Congress does not appropriate the funds to build a border wall.




... We build a Wall or close the Southern Border ...



– @realDonaldTrump (Tweet 1 and Tweet 2)




So, does the executive branch have the legal authority to either partially or fully close the country’s borders?










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    3














    President Trump recently tweeted that he may close the country’s southern border if Congress does not appropriate the funds to build a border wall.




    ... We build a Wall or close the Southern Border ...



    – @realDonaldTrump (Tweet 1 and Tweet 2)




    So, does the executive branch have the legal authority to either partially or fully close the country’s borders?










    share|improve this question

























      3












      3








      3







      President Trump recently tweeted that he may close the country’s southern border if Congress does not appropriate the funds to build a border wall.




      ... We build a Wall or close the Southern Border ...



      – @realDonaldTrump (Tweet 1 and Tweet 2)




      So, does the executive branch have the legal authority to either partially or fully close the country’s borders?










      share|improve this question













      President Trump recently tweeted that he may close the country’s southern border if Congress does not appropriate the funds to build a border wall.




      ... We build a Wall or close the Southern Border ...



      – @realDonaldTrump (Tweet 1 and Tweet 2)




      So, does the executive branch have the legal authority to either partially or fully close the country’s borders?







      united-states president borders executive-branch authority






      share|improve this question













      share|improve this question











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      share|improve this question










      asked 1 hour ago









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          1 Answer
          1






          active

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          3














          I would say YES.



          The president has the clear legal authority to "suspend the entry of all aliens" if he/she finds the entry of aliens "detrimental to the interests of the United States".




          United States Code > Title 8 > Chapter 12 > Section 1182(f) "Inadmissable Aliens" reads:



          Suspension of entry or imposition of restrictions by President



          Whenever the President finds that the entry of any aliens or of any
          class of aliens into the United States would be detrimental to the
          interests of the United States, he may by proclamation, and for such
          period as he shall deem necessary, suspend the entry of all aliens or
          any class of aliens as immigrants or nonimmigrants, or impose on the
          entry of aliens any restrictions he may deem to be appropriate.




          In 2017, the U.S. Supreme Court affirmed this authority in Trump v Hawaii.



          Here's an excerpt from Chief Justice John Roberts' majority opinion:




          By its terms, §1182(f) exudes deference to the President in every
          clause. It entrusts to the President the decisions whether and when to
          suspend entry (“[w]henever [he] finds that the entry” of aliens “would
          be detrimental” to the national interest); whose entry to suspend
          (“all aliens or any class of aliens”); for how long (“for such period
          as he shall deem necessary”); and on what conditions (“any
          restrictions he may deem to be appropriate”).



          It is therefore unsurprising that we have previously observed that
          §1182(f) vests the President with “ample power” to impose entry
          restrictions in addition to those elsewhere enumerated in the INA
          (finding it “perfectly clear” that the President could “establish a
          naval blockade” to prevent illegal migrants from entering the United
          States).



          The sole prerequisite set forth in §1182(f) is that the President
          “find” that the entry of the covered aliens “would be detrimental to
          the interests of the United States.”







          share|improve this answer























          • We seem to be missing a check and/or balance there. Scary.
            – Jared Smith
            33 mins ago











          Your Answer








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          1 Answer
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          1 Answer
          1






          active

          oldest

          votes









          active

          oldest

          votes






          active

          oldest

          votes









          3














          I would say YES.



          The president has the clear legal authority to "suspend the entry of all aliens" if he/she finds the entry of aliens "detrimental to the interests of the United States".




          United States Code > Title 8 > Chapter 12 > Section 1182(f) "Inadmissable Aliens" reads:



          Suspension of entry or imposition of restrictions by President



          Whenever the President finds that the entry of any aliens or of any
          class of aliens into the United States would be detrimental to the
          interests of the United States, he may by proclamation, and for such
          period as he shall deem necessary, suspend the entry of all aliens or
          any class of aliens as immigrants or nonimmigrants, or impose on the
          entry of aliens any restrictions he may deem to be appropriate.




          In 2017, the U.S. Supreme Court affirmed this authority in Trump v Hawaii.



          Here's an excerpt from Chief Justice John Roberts' majority opinion:




          By its terms, §1182(f) exudes deference to the President in every
          clause. It entrusts to the President the decisions whether and when to
          suspend entry (“[w]henever [he] finds that the entry” of aliens “would
          be detrimental” to the national interest); whose entry to suspend
          (“all aliens or any class of aliens”); for how long (“for such period
          as he shall deem necessary”); and on what conditions (“any
          restrictions he may deem to be appropriate”).



          It is therefore unsurprising that we have previously observed that
          §1182(f) vests the President with “ample power” to impose entry
          restrictions in addition to those elsewhere enumerated in the INA
          (finding it “perfectly clear” that the President could “establish a
          naval blockade” to prevent illegal migrants from entering the United
          States).



          The sole prerequisite set forth in §1182(f) is that the President
          “find” that the entry of the covered aliens “would be detrimental to
          the interests of the United States.”







          share|improve this answer























          • We seem to be missing a check and/or balance there. Scary.
            – Jared Smith
            33 mins ago
















          3














          I would say YES.



          The president has the clear legal authority to "suspend the entry of all aliens" if he/she finds the entry of aliens "detrimental to the interests of the United States".




          United States Code > Title 8 > Chapter 12 > Section 1182(f) "Inadmissable Aliens" reads:



          Suspension of entry or imposition of restrictions by President



          Whenever the President finds that the entry of any aliens or of any
          class of aliens into the United States would be detrimental to the
          interests of the United States, he may by proclamation, and for such
          period as he shall deem necessary, suspend the entry of all aliens or
          any class of aliens as immigrants or nonimmigrants, or impose on the
          entry of aliens any restrictions he may deem to be appropriate.




          In 2017, the U.S. Supreme Court affirmed this authority in Trump v Hawaii.



          Here's an excerpt from Chief Justice John Roberts' majority opinion:




          By its terms, §1182(f) exudes deference to the President in every
          clause. It entrusts to the President the decisions whether and when to
          suspend entry (“[w]henever [he] finds that the entry” of aliens “would
          be detrimental” to the national interest); whose entry to suspend
          (“all aliens or any class of aliens”); for how long (“for such period
          as he shall deem necessary”); and on what conditions (“any
          restrictions he may deem to be appropriate”).



          It is therefore unsurprising that we have previously observed that
          §1182(f) vests the President with “ample power” to impose entry
          restrictions in addition to those elsewhere enumerated in the INA
          (finding it “perfectly clear” that the President could “establish a
          naval blockade” to prevent illegal migrants from entering the United
          States).



          The sole prerequisite set forth in §1182(f) is that the President
          “find” that the entry of the covered aliens “would be detrimental to
          the interests of the United States.”







          share|improve this answer























          • We seem to be missing a check and/or balance there. Scary.
            – Jared Smith
            33 mins ago














          3












          3








          3






          I would say YES.



          The president has the clear legal authority to "suspend the entry of all aliens" if he/she finds the entry of aliens "detrimental to the interests of the United States".




          United States Code > Title 8 > Chapter 12 > Section 1182(f) "Inadmissable Aliens" reads:



          Suspension of entry or imposition of restrictions by President



          Whenever the President finds that the entry of any aliens or of any
          class of aliens into the United States would be detrimental to the
          interests of the United States, he may by proclamation, and for such
          period as he shall deem necessary, suspend the entry of all aliens or
          any class of aliens as immigrants or nonimmigrants, or impose on the
          entry of aliens any restrictions he may deem to be appropriate.




          In 2017, the U.S. Supreme Court affirmed this authority in Trump v Hawaii.



          Here's an excerpt from Chief Justice John Roberts' majority opinion:




          By its terms, §1182(f) exudes deference to the President in every
          clause. It entrusts to the President the decisions whether and when to
          suspend entry (“[w]henever [he] finds that the entry” of aliens “would
          be detrimental” to the national interest); whose entry to suspend
          (“all aliens or any class of aliens”); for how long (“for such period
          as he shall deem necessary”); and on what conditions (“any
          restrictions he may deem to be appropriate”).



          It is therefore unsurprising that we have previously observed that
          §1182(f) vests the President with “ample power” to impose entry
          restrictions in addition to those elsewhere enumerated in the INA
          (finding it “perfectly clear” that the President could “establish a
          naval blockade” to prevent illegal migrants from entering the United
          States).



          The sole prerequisite set forth in §1182(f) is that the President
          “find” that the entry of the covered aliens “would be detrimental to
          the interests of the United States.”







          share|improve this answer














          I would say YES.



          The president has the clear legal authority to "suspend the entry of all aliens" if he/she finds the entry of aliens "detrimental to the interests of the United States".




          United States Code > Title 8 > Chapter 12 > Section 1182(f) "Inadmissable Aliens" reads:



          Suspension of entry or imposition of restrictions by President



          Whenever the President finds that the entry of any aliens or of any
          class of aliens into the United States would be detrimental to the
          interests of the United States, he may by proclamation, and for such
          period as he shall deem necessary, suspend the entry of all aliens or
          any class of aliens as immigrants or nonimmigrants, or impose on the
          entry of aliens any restrictions he may deem to be appropriate.




          In 2017, the U.S. Supreme Court affirmed this authority in Trump v Hawaii.



          Here's an excerpt from Chief Justice John Roberts' majority opinion:




          By its terms, §1182(f) exudes deference to the President in every
          clause. It entrusts to the President the decisions whether and when to
          suspend entry (“[w]henever [he] finds that the entry” of aliens “would
          be detrimental” to the national interest); whose entry to suspend
          (“all aliens or any class of aliens”); for how long (“for such period
          as he shall deem necessary”); and on what conditions (“any
          restrictions he may deem to be appropriate”).



          It is therefore unsurprising that we have previously observed that
          §1182(f) vests the President with “ample power” to impose entry
          restrictions in addition to those elsewhere enumerated in the INA
          (finding it “perfectly clear” that the President could “establish a
          naval blockade” to prevent illegal migrants from entering the United
          States).



          The sole prerequisite set forth in §1182(f) is that the President
          “find” that the entry of the covered aliens “would be detrimental to
          the interests of the United States.”








          share|improve this answer














          share|improve this answer



          share|improve this answer








          edited 5 mins ago

























          answered 47 mins ago









          Michael_B

          6,75641825




          6,75641825












          • We seem to be missing a check and/or balance there. Scary.
            – Jared Smith
            33 mins ago


















          • We seem to be missing a check and/or balance there. Scary.
            – Jared Smith
            33 mins ago
















          We seem to be missing a check and/or balance there. Scary.
          – Jared Smith
          33 mins ago




          We seem to be missing a check and/or balance there. Scary.
          – Jared Smith
          33 mins ago


















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