Kamala Harris Lied About The Border Situation

Watch this short video, then take a look at the power granted to POTUS under Section 212(f) of the Immigration and Nationality Act that follows.

Before reading about the Immigration and Nationality Act, consider what Kamala has to say in this very brief response.

Understanding INA Section 212(f): The President’s Authority to Suspend the Entry of Migrants

For a complete copy, Click Here to download A PDF with notations.

Under Section 212(f) of the Immigration and Nationality Act (INA), the president of the United States has the authority to “suspend the entry” of certain noncitizens into the United States under certain circumstances. Specifically, the section reads:

“[W]henever 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.”

While the language gives the president broad powers over the entry of noncitizens into the United States, that power is not universal. Importantly, INA § 212(f) does not allow the president to interfere with or subvert other parts of the INA or other federal laws. That includes INA § 208, which grants people the right to seek asylum in the United States:

“Any alien who is present in the United States or who arrives in the United States (whether or not in a designated port of arrival […]) irrespective of such alien’s status, may apply for asylum.”

While 212(f) authority has been used in recent years in an attempt to restrict access to asylum at the U.S./Mexico border, the courts have identified significant limitations. Some courts have also ruled that the president may not invoke this authority to address purely domestic considerations, such as high unemployment or costs to taxpayers.