Comment by estearum

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.