Homeland Security Department Doc #2024-22602

Securing the Border

Published

October 07, 2024

Summary

On June 3, 2024, the President signed a Proclamation under sections 212(f) and 215(a) of the Immigration and Nationality Act ("INA") suspending and limiting the entry of certain noncitizens into the United States during emergency border circumstances. DHS and DOJ ("the Departments") issued a complementary interim final rule ("IFR") shortly thereafter. This final rule responds to public comments received on the IFR, makes certain revisions to the regulatory text, and seeks comment on potential changes to the Circumvention of Lawful Pathways rule as well as changes that parallel modifications made by the subsequent Proclamation.

Constitutional Analysis

Fifth Amendment – Due Process restricts 80% confidence

The suspension and limitation of entry for certain noncitizens may infringe upon their due process rights.

Case Law: Mathews v. Eldridge (1976)

Fourteenth Amendment – Equal Protection restricts 80% confidence

The selective entry restrictions may lead to discriminatory practices against certain groups of noncitizens.

Case Law: Yick Wo v. Hopkins (1886)