FAS

Executive Authority to Exclude Aliens, & More from CRS

01.26.17 | 2 min read | Text by Steven Aftergood

The President seems to have broad statutory authority to exclude aliens from the United States, a new report from the Congressional Research Service says.

“On its face, [the Immigration and Nationality Act] would appear to give the President broad authority to preclude or otherwise restrict the entry into the United States of individual aliens or classes of aliens who are outside the United States and lack recognized ties to the country,” according to the report by Kate M. Manuel of CRS.

But that authority is not necessarily unlimited.

“In no case to date […] has the Executive purported to take certain types of action, such as barring all aliens from entering the United States for an extended period of time or explicitly distinguishing between categories of aliens based on their religion. Any such restrictions could potentially be seen to raise legal issues that were not raised by prior exclusions…. Similarly, if the President were to purport to exclude aliens based on their religion, an argument could potentially be made that this action is in tension with U.S. treaty obligations or the First Amendment,” the CRS report said.

See Executive Authority to Exclude Aliens: In Brief, January 23, 2017

Other new and updated reports from the Congressional Research Service include the following.

Unaccompanied Alien Children: An Overview, January 18, 2017

FY2017 National Defense Authorization Act: Selected Military Personnel Issues, January 23, 2017

The Selective Service System and Draft Registration: Issues for Congress, January 23, 2017

Venezuela: Issues for Congress, 2013-2016, January 23, 2017

Vulnerable Youth: Employment and Job Training Programs, January 23, 2017

Sentencing Reform at the End of the 114th Congress, CRS Legal Sidebar, January 24, 2017

publications
See all publications
Clean Energy
Blog
Fixing a Broken Market: A Plan for Cheaper Freight, Cleaner Air, and American Truck Leadership

Americans are paying too much for almost everything, because the United States has long treated its trucking industry as an artifact to be preserved rather than as an opportunity for innovation.

06.16.26 | 9 min read
read more
Emerging Technology
Report
SOURCE CODE: A Policy Agenda for Fostering Trust and Fairness in AI

These ideas aim to advance the detailed policy solutions needed to foster public trust and implement fairness in the adoption of AI across diverse domains, from healthcare and government benefits to rural access, education, and worker protections.

06.11.26 | 17 min read
read more
Emerging Technology
day one project
Policy Memo
Move Algorithmic-Driven Pay and Scheduling Systems From Surveillance Pay to Fair Wages

The evidence is clear: algorithmic pay-setting is established in app-based work, and payroll/timekeeping failures show how software can produce systemic wage harm at scale

06.11.26 | 15 min read
read more
Emerging Technology
day one project
Policy Memo
How State Leaders Can Put People First in AI Decision-Making

While a few states have taken steps to implement decision-making mechanisms for certain AI systems, too many leaders are simply accepting narratives about AI’s purported public benefit at face value – jumping to the “how” of AI implementation before thoroughly vetting potential systems and deciding whether they are appropriate to use at all.

06.11.26 | 17 min read
read more