The President’s Immigration Authority
Overview of Federal Law and Presidential Power
The Supreme Court has determined that inherent principles of sovereignty give Congress “plenary power” to regulate immigration. The core of this power — the part that has proven most impervious to judicial review — is the authority to determine which aliens may enter the country and under what conditions. The Court has determined that the Executive Branch, by extension, has broad authority to enforce laws concerning alien entry mostly free from judicial oversight. The Power to Exclude Aliens Two principles frame the scope of the political branches’ power to exclude aliens. First, nonresident aliens abroad cannot challenge exclusion decisions because…
