Limits of Power: What New Presidents CAN’T Do on Immigration
The United States is a safe haven because of the rule of law, meaning that people, businesses, and the government must follow the law. But what IS the law that must be followed about foreigners? And why can a new president make so many changes so quickly?
The President CAN’T Make a New Law
The Immigration and Nationality Act is the law that deals with the rights and duties of noncitizens. The President cannot make a new law; he can only sign a law that has been passed by Congress. Importantly, if the new administration says a law means what it doesn’t mean, the courts will stop the government. It’s as if a husband physically throws a wife out of their house because he thinks the law allows him to; a court will order her back in. An example is a wartime law from 1798 that the current president claims allows for deportation of noncitizens when the United States is not at war. On March 15, 2025, a judge ordered the deportations to stop and planes in the air to return because the new president doesn’t have that authority.
The President CAN’T Make New Rules
The agencies can make new rules, but only if they are made according to law. When the current president tried to end Deferred Action for Childhood Arrivals (DACA, the work permit program for Dreamers), the Supreme Court ruled that his action was illegal. Blandon Law expects many new rules. We expect many will be illegal, too.
The President’s People Can Post on Social Media
The agencies – US Citizenship & Immigration Services, Immigration and Customs Enforcement, and Customs & Border Patrol – can post whatever they want on social media. This administration posts often about its new policies (guidance) and detention. The agencies don’t post, however, about noncitizens being released or about federal court decision overturning policies.
If you or someone you know needs an immigration expert, call 954.385.0157 or click “For Future Clients” to schedule a chat with our asylum immigration experts.
#ImmigrationLaw #USImmigration #ImmigrationNews #AsylumLaw #BlandonLaw #ImmigrationAttorney #DACA #ImmigrationPolicy #LegalRights #ImmigrationHelp
Disclaimer – These entries are based on real life events. Family member names, when used, are real. Client names are changed for privacy.
