Skip to main content

The Congressional Report on the Executive Authority to Exclude Aliens Released Days Before Immigration Ban


On January 27 President Donald Trump signed an Executive Order, Protecting the Nation from Foreign Terrorist Entry Into the United States. Four days earlier, on January 24, the Congressional Research Service released its own report:  Executive Authority to Exclude Aliens: In Brief.

To those unfamiliar, the Congressional Research Service (CRS) is a federal legislative branch agency, housed inside the Library of Congress, charged with providing the United States Congress non-partisan advice on issues that may come before Congress, including immigration.

Included in the report are in-depth discussions on the operation of sections of the Immigration and Nationality Act (INA) in the context of the executive power . Discussions of sections 212(f),  214(a)(1) and 215(a)(1) report on how the sections have been used by Presidents, along with relevant case law and precedents. Most interesting is the list of executive orders excluding some groups of aliens during past presidencies; the table allows readers to compare and contrast the limits of previous orders.

The report notes the large breadth of power the president holds in denying entry to aliens, “if [the president] finds that their entry would be detrimental to the interests of the United States, for such period as he shall deem necessary.” It also identifies potential challenges that could be made to such an order including: inconsistency with congressional intent, and the violation of international treaties or the First Amendment if the exclusion is based on religion. 

Anyone interested in learning the legal underpinnings of the recent immigration ban or is writing on the topic will find the report most useful.


Comments

Popular posts from this blog

Legal Research AI Gains Venture Capital

The legal research company Casetext has announced that it has acquired $12 million in venture capital to expand on its CARA ("Case Analysis Research Assistant") AI software, a virtual research assistant currently capable of scanning a legal brief and retrieving cases relevant to but not cited in the brief.

CARA is not alone in the world of legal AIs.  When it was created last year, it joined the ranks of AIs including ROSS, an IBM Watson-based legal research AI, DoNotPay, a website founded in 2015 to automate the preparation of parking ticket appeals, and an amateur AI judge capable of predicting European Court of Human Rights decisions with 79% accuracy.