“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.”

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