Overview of the Federal Government's Power to Exclude Aliens

Harrington, Ben

Library of Congress. Congressional Research Service.

关键词: Immigration law;    Immigration policy;    Presidential powers;    Supreme Court decisions;    travel ban;   

RP-ID  :  R44969
RP-ID  :  R44969_2017Sep27

美国|英语

来源: UNT Digital Library

【 摘 要 】

This report provides an overview of the legislative and executive powers to exclude aliens. First, the report discusses a gatekeeping legal principle that frames those powers: nonresident aliens outside the United States cannot challenge their exclusion from the country. Second, the report analyzes the extent to which the constitutional and statutory rights of U.S. citizens limit the exclusion power under the "facially legitimate and bona fide" test of Kleindienst v. Mandel. The report concludes with a case study. The report applies the principles of the Supreme Court's immigration jurisprudence to the two primary claims that U.S. persons and entities have pressed against the President's revised executive order in the "Travel Ban" litigation: (1) that the revised order violates the Establishment Clause; and (2) that the revised order violates the Immigration and Nationality Act (INA).