A president cannot admit more people into the country than Congress authorizes. However, the president holds both delegated authority and inherent Article II powers over foreign commerce to prevent individuals from entering, even if Congress has authorized their admission.
Instead of relying on Congress to change laws or allocate funds, Trump should assert his authority to exclude and deport individuals. He can invoke emergency powers to redirect military funding, coordinate with state and local resources, and use this strategy to negotiate an immigration bill from a position of strength later in his presidency.
Declaring an emergency at the border offers another key advantage: Trump could redirect funding for removal operations without needing congressional approval.
With that approach, here are five authorities Trump should invoke on his way back
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