Legal Policy Paper — Border Security Compact

September 22, 2016 @

President Obama’s new plan to open the nation’s borders to over 110,000 new refugees, especially from Syria and other Muslim countries, would expose America to unparalleled new threats. Most in the media assume that Obama has the power to make this radical decision for the nation — but they have not read the U.S. Constitution. If they did read it, they would understand that each of the 50 states possesses the power to refuse to admit any refugees whatsoever. The federal government has exclusive constitutional authority over “naturalization” of new citizens — not over immigration, and not over refugees.

Now the challenge is to find at least one state that will resist our Imperial President. Earlier this year, legislators in Texas took the lead in using a power belonging to states expressly set out in the U.S. Constitution — entering into an interstate border compact with its sister states — which could completely ban illegal immigrants and refugees. While many have criticized this approach, the United States Justice Foundation demonstrates that states do indeed have this power.

Founded in 1978, USJF will soon be 40 years old, and the need for its work has never been greater.


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