I watched Sean Spicer’s press conference when I got home tonight, and one part struck me as information I had not heard before. He cited 8 US Code 1182 as the president’s authority to suspend immigration in his Executive Order (around 7:00 in the video). He read it out loud, and it sounded pretty clear-cut to me. It was the first time I heard any mention of where they derived their authority.
I couldn’t help but notice that I heard it first from the Press Secretary and not from any media outlet.
Anyway, I went to my Googles and looked it up to verify it. (I have to take it on faith that Cornell has the real and accurate text of the U.S. Code on their web site.) Here’s the whole section:
(f)Suspension of entry or imposition of restrictions by President
Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.
Emphasis mine. I’m no lawyer but that sounds pretty clear to me. Sure looks like the President can basically do whatever he wants with immigration.