Comment by estearum
14 hours ago
Which is not related to the closure of borders to asylum seekers nor the withholding of due process rights for people who are suspected of breaking immigration laws — neither of which is at the Executive’s discretion.
> the closure of borders to asylum seekers
I'm pretty sure the executive has power over border policy, the INA is very broad and gives a lot of power to the executive, also it would be crazy if the executive can't decide on border policy, congress is too slow/deadlocked to do anything meaningful.
Second one yes it's iffy.
It’s not “iffy.” POTUS has absolutely no ability to curtail due process rights. It is a blatant violation of a right that undergirds every single other right in the Constitution. Without due process right, there are no property rights, no gun rights, no speech rights, no religious rights — all of them can be taken away by the state simply declaring that you have been found guilty of such an offense that those rights are stripped from you.
The solution to Congressional deadlock is called “electing new representatives.” The executive in fact does not have the ability to “shut off” asylum processing, no matter how dysfunctional Congress is. And even under the INA. Read INA § 1158(a)(1).
We could have a clause in the Constitution that says something like, “if Congress is deadlocked, POTUS can do whatever they want.” Alas we do not have such a clause, and so he cannot, even if you feel there is deadlock.