The Trump administration has consistently relied on a well-established legal statute to support its stringent immigration policies. The Immigration and Nationality Act of 1952 has been repeatedly cited as a basis for various decisive actions. This legal framework, enacted during President Truman’s era, serves as the cornerstone of current immigration law, influencing a multitude of guidelines and procedures.
Recently, the White House employed this act to justify the arrest and potential deportation of Mahmoud Khalil, a Palestinian activist and green card holder. Khalil is married to a U.S. citizen, yet the administration contends he can be deported due to perceived threats to U.S. foreign policy and national security interests. As explained by White House press secretary Karoline Leavitt, the legislation gives the secretary of state the authority to revoke a visa or green card if an individual is deemed adversarial to these interests.
However, legal scholars highlight the complexity of this situation. The specific provision being used, Section 237(a)(4)(C), is seldom invoked due to the necessity of thorough judicial examination and its application primarily to rare cases where a foreign national’s presence potentially causes diplomatic issues. According to Richard Boswell, a law professor focused on immigration, the government bears the burden of proof to substantiate the need for deportation.
This isn’t the first time the act has been cited for high-profile deportations. Under the Clinton administration, it was employed when Mario Ruiz Massieu, a former Mexican official, was apprehended with undeclared cash, illustrating the law’s potential impact on foreign diplomatic relations.
The act’s provisions have also been utilized in various other contexts. Section 212(f) grants the president the power to deny entry to any foreign nationals considered harmful to U.S. interests. Former President Trump invoked this statute to enact travel bans, targeting several Muslim-majority nations. As his administration progressed, discussions about recommencing travel bans emerged, with advisors providing input on potential implementation.
Additionally, in February, Homeland Security Secretary Kristi Noem pledged to strictly enforce the Immigration and Nationality Act, mandating illegal immigrants to register with federal authorities or face legal consequences, including fines or imprisonment.
President Joe Biden has used the act’s humanitarian parole provision extensively, more so than any previous president, offering temporary admission to individuals from nations like Ukraine, Afghanistan, and Haiti for urgent humanitarian considerations or substantial public benefit. Conversely, the Trump administration challenges this approach, seeking to discontinue this historic legal avenue.
