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2019-02-18 The President's Power Over Aliens, Immigration, International Emergencies

Bob Hurt <bob@bobhurt.com>: Feb 18 12:52AM -0500

From attorney Larry Becraft... Please distribute far and wide.


The Prez has been delegated authority to exclude aliens via 8 USC 1182 (f

“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.”

See: https://www.law.cornell.edu/uscode/text/8/1182

This is an extremely broad power. It was the subject of the recent case
of Trump v. Hawaii which is attached. Read the case.

A decent analysis of the federal power over aliens is here:

https://www.law.cornell.edu/constitution-conan/article-1/section-8/clause-4/aliens

Attached, please find a CRS report that is a decent discussion of the


matter of the legal authority of the Prez to declare national emergencies.

The relevant laws related to international emergencies is attached. This


chapter of title 50 is long and I have deleted that parts of this
chapter which are not parts of the relevant sections (the notes).

Based on the authority of the Prez related to excluding aliens and this
authority, the Prez in my view has grounds to erect a wall. His only
problem is getting the funds.

Jon Roland <jonroland255@gmail.com>: Feb 18 01:09AM -0600

https://constitutionalism.blogspot.com/2019/02/constitution-auhorizes-declarations-of.html

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