Trump doesn’t need Congress to suspend immigration

A president cannot admit more people into the country than Congress authorizes. However, the president holds both delegated authority and inherent Article II powers over foreign commerce to prevent individuals from entering, even if Congress has authorized their admission.

Instead of relying on Congress to change laws or allocate funds, Trump should assert his authority to exclude and deport individuals. He can invoke emergency powers to redirect military funding, coordinate with state and local resources, and use this strategy to negotiate an immigration bill from a position of strength later in his presidency.

With that approach, here are five authorities Trump should invoke on his way back from his second inaugural on January 20:

1. The right to exclude

Congress established the modern immigration enforcement framework through the Immigration and Nationality Act of 1952, later modified in 1965, 1980, 1990, and 1996. The INA outlines numerous categories of legal immigration and processes for addressing illegal immigration or asylum claims. However, Section 212(f) grants the president sweeping authority to halt all immigration categories at will, independent of these parallel processes.