The current United States federal government bears little resemblance to what the Framers originally envisioned when ratifying the Constitution in 1789. The Framers wanted a federal government with separated powers that deliberately sacrificed governmental efficiency for the protection of liberty and encouraged cooperation among the branches without usurping each other’s delegated powers.[1] However, throughout the history of the United States, these delegated powers became intertwined, especially the distinction between executive orders issued by the president and legislative acts passed by Congress. Recently, this has come to a head over President Trump’s executive orders enforcing his immigration policies.[2] Some federal judges have challenged these executive orders on constitutional grounds, stating that President Trump’s executive orders are a violation of the separation of powers mandated by the Constitution.[3] Other federal judges have challenged these executive orders as violations of due process under the Fifth Amendment for the immigrants affected.[4]

But that begs the question: are President Trump’s executive orders on immigration an overreach of his executive power and an encroachment upon a power of Congress, or are they consistent with his constitutionally delegated authority to execute the laws of the nation? The relevance of this inquiry is paramount given the political discourse surrounding President Trump’s current immigration policies.[5]

To answer this question, we must first analyze the text of the Constitution itself to determine what explicit authority is given to the Executive and Legislative Branches regarding immigration, border security, and respective authorities to make and enforce those laws. The Constitution states that Congress has the power to “establish a uniform Rule of Naturalization,” which includes immigration policies.[6] Through the Necessary and Proper Clause, Congress has the authority to make laws governing naturalization and immigration policies in the United States.[7] On the other hand, the president is delegated the power to “take Care that the Laws be faithfully executed,” including immigration laws passed by Congress.[8] This is fundamental separation of powers; however, because of the nature of immigration and border security, sometimes more deference is given to one branch to manage this policy area.

In Trump v. Hawaii, the Supreme Court established that deference is often given to the president in the realm of national security because of the unique role the president’s foreign affairs powers allow him to have in that area.[9] If the current political landscape reveals anything, President Trump certainly believes that border security is a paramount national security interest.[10] Additionally, the type of presidential power the president is exercising factors into how much authority he has over immigration and border security. This framework of presidential power was outlined in Justice Jackson’s concurrence in Youngstown Sheet & Tube Co. v. Sawyer. First, when the president is acting with the express support of Congress, his power is at its maximum because it includes all his independent, constitutional authority plus any additional power that Congress delegates to him.[11] Second, absent a congressional grant or denial of authority, the president operates in a “zone of twilight” because the president and Congress may have concurrent authority, or the distribution of that authority is uncertain.[12] Third, when the president’s actions are incompatible with the express or implied will of Congress, the president’s power is at its lowest ebb, and he is limited only to the powers expressly conferred to him in the Constitution.[13]

Additionally, the Immigration and Nationality Act of 1952 broadly delegates power to the president, specifically regarding the entry of immigrants into the country. Section 212 subsection (f) states that if the president determines that “the entry of any aliens . . . into the United States would be detrimental to the interests of the United States,” the president may “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[,]” for as long as the president believes is necessary.[14] This substantial power grants the president the ability to pass executive orders and enforce immigration laws targeted on the entry of immigrants into the United States, which is exactly what President Trump has done.[15]

Following this standard for presidential power, President Trump is likely acting under the first category of presidential power, where his power is at its maximum potential, because Congress has expressly authorized the president to act regarding immigration entry policies.[16] Although some specific members of Congress have expressed their opposition to President Trump’s immigration policies, President Trump has the authority to issue these policies pursuant to his presidential powers in the Constitution.[17] These presidential powers were raised to their maximum potential under the express grant of authority given to the president in section 212 subsection (f) of Immigration and Nationality Act of 1952.[18] Therefore, based on current federal legislation and the powers delegated to the president and Congress respectively by the Constitution, it appears that President Trump’s current immigration policies are consistent with his constitutional powers and not an intrusion upon an area traditional within the realm of Congress.

The president has a unique role in national security matters, which includes immigration and border security. This allows the president to act swiftly and decisively on turbulent issues facing the country, such as the current immigration crisis.[19] If the president were deprived of this power, it would be uncertain when and how Congress would act, given their constitutionally required bicameral process and current political gridlock. Therefore, despite the political challenges they have faced, President Trump’s current immigration policies are in line with his constitutional powers and are a valid exercise of his executive authority.

[1] See The Federalist No. 51 (Alexander Hamilton, James Madison).

[2] Exec. Order No. 14159, 90 Fed. Reg. 8443 (Jan. 20, 2025).

[3] Jasmine Garsd, Federal judge strikes down Trump’s order suspending asylum access at the southern border, NPR (July 2, 2025, 8:19 PM), https://www.npr.org/2025/07/02/nx-s1-5455076/judge-rules-against-trump-asylum-ban.

[4] Louis Casiano, Federal judge blocks Trump’s expanded deportation plan over due process concerns for illegal immigrants, Fox News (Aug. 29, 2025, 10:03 PM), https://www.foxnews.com/politics/federal-judge-blocks-trumps-expanded-deportation-plan-due-process-concerns-illegal-immigrants.

[5] Mass Deportation: Analyzing the Trump Administration’s Attacks on Immigrants, Democracy, and America, American Immigr. Council (July 23, 2025), https://www.americanimmigrationcouncil.org/report/mass-deportation-trump-democracy/.

[6] U.S. Const. art. I, § 8, cl. 4.

[7] U.S. Const. art. I, § 8, cl. 18.

[8] U.S. Const. art. II, § 3.

[9] Trump v. Hawaii, 585 U.S. 667, 668-9 (2018).

[10] Exec. Order No. 14159, supra note 1, at Sec. 1.

[11] Youngstown Sheet & Tube Co. v. Sawyer (Steel Seizure), 343 U.S. 579, 635-37 (1952) (Jackson, J. concurring).

[12] Id. at 637-38.

[13] Id. at 637-39.

[14] Immigration and Nationality Act, 8 U.S.C. § 1182(f) (1952).

[15] Exec. Order No. 14159, supra note 1.

[16] Youngstown, 343 U.S. at 637-38.

[17] U.S. Const. art. II, § 3.

[18] Immigration and Nationality Act, supra note 14 at § 1182(f).

[19] Exec. Order No. 14159, supra note 1, at Sec. 1.