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1 1 (February 21, 2024)

handle is hein.crs/goveoju0001 and id is 1 raw text is: Congressional_ R' fesearch Service Presidential Authority to Suspend Entry of Aliens Under 8 U.S.C. § 1182(f) Updated February 21, 2024 The President has the authority to suspend the entry of all aliens or any class of aliens 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. Presidential Administrations have invoked this authority, found in 8 U.S.C. § 1182(f), in diverse contexts, including to suspend the entry of some individuals connected with Russian efforts to undermine the sovereignty and territorial integrity of Ukraine, certain students and researchers arriving from China, and some foreign nationals arriving to the United States by air from specific countries during the COVID-19 pandemic. This statutory authority to restrict the entry of certain aliens has garnered recent attention by lawmakers. This Legal Sidebar discusses the presidential authority found in Section 1182(f) and provides a table documenting entry restrictions expressly invoking this authority that have been issued from December 31, 1980, through February 15, 2024. Background Prior to the enactment of Section 1182(f), predecessor statutes passed in response to World War I and World War II authorized the President to restrict the entry and departure of persons. In 1918, Congress passed the Act of May 22, 1918, which authorized the President, when the United States is at war, to place restrictions and prohibitions on the departure of persons from and their entry into the United States ... if the President shall find that the public safety requires these restrictions. Invoking this authority, President Woodrow Wilson then issued Presidential Proclamation No. 1,473, providing that [n]o alien shall receive permission to depart from or enter the United States unless it shall affirmatively appear that there is reasonable necessity for such departure or entry and that such departure or entry is not prejudicial to the interests of the United States. The 1918 Act was effective only during wartime, but it was amended just before the United States entered World War II to apply to the national emergency declared in response to the widening conflict. The Alien Visa Act of 1941 amended the 1918 Act to authorize the President, [w]hen the United States is at war or during the existence of the national emergency proclaimed by the President on May 27, 1941, to limit the departure of persons from and their entry into the United States when the President shall find that the interests of the United States require. During consideration of the Alien Visa Act of 1941 and proposed amendments, legislators debated the appropriate scope of the presidential authority, including whether to Congressional Research Service https://crsreports.congress.gov LSB10458 CRS Legal Sidebar Prepared for Members and Committees of Congress

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