President Trump unleashed a series of executive orders within hours of taking office, each bold signature reshaping our nation’s immigration policy and disrupting the lives of millions in the United States. Among these executive orders included a proclamation that claimed an “invasion” at the Southern border and invoked both an obscure part of the Constitution and Section 212 (f) of the Immigration Nationality Act (INA) to suspend the entry of noncitizens at the U.S. Border. In effect, every person at the southern border would be unable to claim asylum regardless of credible fear, thus putting them at risk of being deported back into danger. Predictably, litigation was filed, and the courts are once again confronting a familiar question: Does Section 212(f) enable presidential discretion or mask executive overreach?

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