Friday, June 21, 2024

Biden's immigration orders are as illegal as Obama's: The president has plenary statutory authority under 8 U.S.C. 1201 to deport any alien (legal or illegal) at any time for any reason, but he does not have any reciprocal power to naturalize aliens outside of Congress

 


 During the fledgling nation's constitutional ratification debates, which assumed existential importance after the failure of the Articles of Confederation, Federalists felt compelled to distinguish the presidency from the Crown on the grounds that the king "can make denizens of aliens" but the president has no such power. Indeed, the Framers cared so much about this that they explicitly accorded to Congress, in Article I, Section 8 of the Constitution, the power to "establish a uniform rule of naturalization." The message was clear: The president is not a king.     

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