“Obama Pushed ‘Fullest Extent’ of His Powers on Immigration Plan Michael Shear and Julia Preston NY Times Nov. 28 2014.

Obama Immigration Plan Immigration Timeline: (2015) - Obama researches scope of Presidential Power - Obama: Pushed Congress (Speaker Boehner) a. President repeatedly pulls Boehner aside to talk immigration b. Senate passes comprehensive immigration bill - Boehner: be patient, narrow path to Immigration Reform in House a. Boehner: faces stiff opposition from within GOP: “Boxcar crowd” - Obama: would give Republicans time, would not attack them on immigration - Obama is subjected to withering criticism from immigration advocates a. Obama: “Deporter-in-Chief” - Flood of children come across border, Republicans opposition grows - Boehner cannot act, Democrats afraid to, Obama signs executive order after the election.

Trump’s Immigration Plan Presidential Power Over Immigration The President has broad powers over immigration into the country, granted by the Congress, Courts and the Constitution. But, legally, Immigration Powers are Shared by President and Congress

Art 2, S. 2: Commander in Chief: “National Security.” Art 1, S. 8: Est. uniform rule of Naturalization Art 2, S. 3: Receive Ambassadors… Art 1, S. 8: Regulate Commerce with Foreign Nations… Art 2, S. 2: To Make Treaties Art 1, S. 8: Provide for the Common Defense Veto Power (Reg., “Pocket” no sign. after 10 days) Art 1, S. 9: Migration and Importation of People

Trump’s Immigration Plan Presidential Power Over Immigration The Court (1950) “The exclusion of aliens is a fundamental act of sovereignty … inherent in the executive power…” Congress (Immigration and Naturalization Act of 1952) “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.” Source: http://www.latimes.com/politics/la-na-pol-travel-ban-legal-analysis-20170206-story.html

Trump’s Immigration Plan Some Congressional Limits on President’s Power Over Immigration Congressional Restriction: (1965) Congress declared that “no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth, or place of residence. BUT: “Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.” Source: https://www.law.cornell.edu/uscode/text/8/1152

Trump’s Immigration Plan Presidential Power Over Immigration (EO 13769 and 13780) Trump signs two travels bans, barring all immigration from Seven, then Six countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.) Factors Undermining Trump’s Power over Immigration Statements on the Campaign about “total Muslim ban…” Tweets attacking federal judges and courts Supreme Court June 26: Ruled that aspects of the travel ban could stand.

Trump’s Immigration Plan Presidential and Immigration: Timeline 2017: Jan. 27: "Protecting the Nation from Foreign Terrorist Entry into the United States" - bar admission to the U.S. of all people with non-immigrant or immigrant visas from seven countries -- Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen -- for 90 days. (Executive order designed to keep "radical Islamic terrorists out of the United States of America.”) Feb. 3: Federal District Judge James Robart issued a restraining order on Friday to immediately halt Trump’s executive order nationwide. Feb 3: Hawaii filed a lawsuit asking the court to block implementation of the executive order.

Trump’s Immigration Plan Presidential and Immigration: Timeline 2017: March 6: Trump issued an amended EO: dropped Iraq, permanent residents and visa-holders form the travel ban. September 4: Trump announces six month phase-out of DACA (Deferred Action for Childhood Arrivals) December 6: Supreme Court rules in favor of Trump amended travel ban

Trump’s Immigration Plan Presidential and Immigration: Timeline 2018: January 25: Trump releases plan to grant citizenship to 1.8 million people brought to the country illegally as children (in exchange for money for a boarder wall and limits on “change migration” - family-based). January 28: Trump lifts ban on refugees from 11 countries described as “high risk” the travel ban.