Presidential Power to Secure the Border

House Committee on the Judiciary, Subcommittee on Immigration Integrity, Security, and Enforcement

By Andrew R. Arthur on March 7, 2024

Key to understanding the president’s authority to secure the border is appreciating where the immigration authority is placed under our nation’s constitutional order.

Article I, sec. 8 of the U.S. Constitution states, in pertinent part: “The Congress shall have Power ... [t]o establish an uniform Rule of Naturalization [and t]o make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers”.