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

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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”.