Not a Lexis+ subscriber? Try it out for free.

Immigration Law

President Trump Will Have 'Wide Discretion' on Immigration - LexisNexis Expert Author Stephen W. Yale-Loehr

Alan Gomez, USA Today, Nov. 14, 2016- "Generally speaking, any president has wide discretion when it comes to enforcing our immigration laws because immigration touches on national sovereignty," said Stephen Yale-Loehr, a professor at Cornell Law School and author of a 21-volume treatise, Immigration Law and Procedure. ... Presidents have the power to bar access to the U.S. to specific immigrants or entire classes of immigrants. That power is laid out in the Immigration and Nationality Act, which allows a president to block would-be immigrants if they are deemed "detrimental to the interests of the United States."  Yale-Loehr said that provision has been used sporadically over the decades to bar dictators, military strongmen and others who worked to undermine democracy in countries like North Korea, Venezuela, South Sudan and Libya.  But he said it’s never been used in the way or the extent proposed by Trump, who had initially called for a temporary ban on all immigrants from all Muslim countries.  Such a proposal would have likely faced a slew of lawsuits from groups claiming it violates First Amendment protections for freedom of religion."