Thread: Scope and History of Section 212(f) Presidential Authority to Suspend/Restrict Entry

Scope and History of Section 212(f) Presidential Authority to Suspend/Restrict Entry by Proclamation


Introduction

Section 212(f) of the Immigration and Nationality Act (INA) gives the President of the United States broad authority to implement immigration restrictions by proclamation. The statute allows the President to suspend the entry of any aliens or of a class of aliens or place restrictions on the entry of a class of aliens temporarily if he or she determines that the entry of such aliens would be detrimental to the U.S. interest.


In this article we will examine the language of section 212(f), its scope, and previous uses of the statute as well as precedent case-law on the provision. Please see our separate article to learn about the Attorney General's authority to suspend the entry of aliens arriving on an airliner due to the airliner's failure to meet certain screening requirements, also found in section 212(f) [see article].


The section 212(f) provision has gained notoriety recently due to the issuance of President Donald Trump's Executive Order (EO) (Executive Order 13769) titled “Protecting the Nation from Foreign Terrorist Entry Into the United States” (82 FR 8977 (Jan. 27, 2017) [PDF version]). To read more about the legal issues regarding the EO's invocation of section 212(f), please see our full article [see article].
Statute

Section 212(f) of the INA reads as follows:
f. Suspension of entry or imposition of restrictions by President
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. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.



Section 212(f) can be roughly broken into two halves. The first half explains the President's power to issue a proclamation temporarily halting or restricting the entry of any aliens or of a class of aliens. The second half explains the Attorney General's power to prevent the entry of aliens traveling on a commercial airline that has failed to comply with the legal requirements for detection of fraudulent documents used by passengers traveling to the United States. In the following sections, we will discuss the President's power to issue proclamations under section 212(f). For our discussion of the Attorney General's power to suspend the entry of aliens carried by a certain commercial airliner, please use the following link [see article].

http://myattorneyusa.com/scope-and-h...y-proclamation

They are full of infectious diseases...they are costing us BILLIONS of dollars, they are bringing their gangs, drugs and crime here with them.

They do NOT leave that behind...it follows them here. It is in their whole family tree!

This is being facilitated by FOUR foreign nations! This is war!

DO IT AND STOP THIS INVASION NOW!