Section 212(f) of the Immigration and Nationality Act (INA) grants the U.S. President the authority to suspend the entry of any aliens or class of aliens if their entry is found to be detrimental to the interests of the United States. This power has been used by various presidential administrations to impose travel restrictions based on factors like national security, public health (e.g., COVID-19), or objectionable conduct, often via presidential proclamation.
Key aspects of Section 212(f)
"Detrimental to the interests of the United States":
The basis for these suspensions is the President's finding that an alien's entry would be harmful to the nation.
Wide range of applications:
This authority can be used to target specific classes of people or all aliens, based on a wide variety of concerns.
National security:
Used to block entry for those associated with terrorist groups or other threats.
Public health:
Used to restrict entry for individuals from countries with high rates of disease outbreaks, such as during the COVID-19 pandemic.
Conduct: Used to block individuals engaged in objectionable or illicit activities, such as corruption.
Presidential authority:
The statute gives the President broad power to issue proclamations that suspend or restrict the entry of noncitizens into the U.S.