The U.S. constitution empowers congress to regulate immigration while granting the President the authority to establish foreign policy (diplomacy, conduct war, etc.)
There are times when there is an overlap. Congress can, and does, pass broadly-worded laws which authorize the executive branch to exercise discretion when implementing and enforcing them. For example:
Quote:8 U.S. Code § 1182 - Inadmissible aliens
(a) Classes of aliens ineligible for visas or admission: Except as otherwise provided in this chapter, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:...
(A) In general: Any alien who a consular officer or the Attorney General knows, or has reasonable ground to believe, seeks to enter the United States to engage solely, principally, or incidentally in—
(i) any activity (I) to violate any law of the United States relating to espionage or sabotage or (II) to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information,
(ii) any other unlawful activity, or
(iii) any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means, is inadmissible.
(B) Terrorist activities: In general Any alien who—
(I) has engaged in a terrorist activity;
(II) a consular officer, the Attorney General, or the Secretary of Homeland Security knows, or has reasonable ground to believe, is engaged in or is likely to engage after entry in any terrorist activity (as defined in clause (iv));
(III) has, under circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity...is inadmissible.
The point is that federal statutes come into play in these questions, not just the constitution. The question can be "is this a matter exclusively within the jurisdiction of Congress, and, if so has it granted powers to the President and the executive branch with respect to it?"
In my opinion these are the primary questions to be resolved at the full hearing of this issue by the Supreme Court.
Congress has passed laws pertaing to (and giving preference to) foreigners with relatives living in the U.S. To what extent, if any, might such laws supersede other federal laws or encroach upon the President's broad constitutional authority to deal with foreign threats to domestic citizens?
