Trump Plans Immigration Pause Using Federal Law to Withstand Court Challenges
WASHINGTON — President Donald Trump intends to implement a pause on immigration from Third World countries by invoking his authority under federal law 8 U.S.C. 1182(f), officials said, aiming to withstand legal challenges from activists.
The statute grants the president broad power to suspend the entry of “all aliens or any class of aliens” if their admission is deemed “detrimental to the interests of the United States.” This authority has been used by every president since Ronald Reagan and was upheld by the Supreme Court in 2018, which emphasized the statute’s deference to presidential discretion.
Legal experts caution that targeting specific countries could provoke challenges based on national origin discrimination and require detailed justifications, which courts might scrutinize extensively. To avoid this, Trump’s strategy involves a universal pause on immigration, sidestepping country-by-country distinctions.
The administration argues that admitting more immigrants under current conditions harms U.S. interests because the systems for screening welfare cases and asylum fraud are ineffective. Deportations are reportedly delayed, and the backlog complicates enforcement.
A Department of Homeland Security study found that approximately 70% of asylum applications involve fraud or suspected fraud. The report was initially withheld by the Obama administration until a whistleblower testified to Congress. In 2023 alone, over 1 million asylum claims were filed, suggesting around 700,000 fraudulent applications.
Additionally, immigration law since 1882 has prohibited admitting individuals “likely, at any time, to become a public charge,” aiming to prevent the importation of welfare-dependent individuals. However, current interpretations by bureaucrats limit this bar to those “primarily dependent” on cash benefits, excluding programs like Medicaid, public housing, or food stamps.
Efforts to restore the original intent of this provision are currently tied up in court. Presently, 54% of immigrant-headed households receive at least one form of public assistance, and immigrants claim over 11% of welfare benefits, costing taxpayers an estimated $109 billion annually.
Federal prosecutors in Minnesota recently charged members of the Somali community with large-scale fraud involving child nutrition programs and housing services, highlighting concerns about welfare fraud within immigrant populations.
Trump’s approach seeks to use the broad language of 8 U.S.C. 1182(f) to justify a comprehensive immigration pause, emphasizing the detrimental impact of current immigration practices on economic and social interests in the United States, according to officials and legal analysts.
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