Proclamation? Legally Debatable

Proclamation 8693-Suspension of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions

Issued 2011-07-24 by Barack Obama

Plain-English Overview

AI-generated summary explaining what this action does, who it affects, and why it matters

This presidential proclamation blocks certain foreign nationals from entering the United States. Specifically, it suspends entry for two groups of people: those who are subject to travel bans imposed by the United Nations Security Council, and those whose property has been frozen through executive orders issued under the International Emergency Economic Powers Act. The Secretary of State is responsible for identifying who falls into these categories and implementing the policy in consultation with the Treasury and Homeland Security secretaries.

The proclamation allows the Secretary of State to make exceptions when admitting someone would not be contrary to U.S. interests. It applies to both immigrants and nonimmigrants seeking to enter the country. The policy is tied to the United States' obligations under the United Nations Charter to carry out Security Council decisions related to international peace and security.

This action took effect immediately in July 2011 and was designed to remain in place until the Secretary of State determines it is no longer necessary. The proclamation explicitly states it does not create any legal rights or benefits that could be enforced in court by any party against the United States or its officials.

AI-generated summary for educational purposes

Constitutional Analysis

How this action fits (or doesn't) within Article II authority and existing law

This proclamation ("Proclamation 8693-Suspension of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions") imposes or modifies tariffs on of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions. Under Article I, Section 8, Congress holds the power to "regulate Commerce with foreign Nations" and to "lay and collect Duties." However, Congress has delegated significant tariff authority to the President through statutes like Section 232 of the Trade Expansion Act (national security tariffs) and Section 301 of the Trade Act (unfair trade practices).

The constitutional question is the scope of that delegation. Courts have historically upheld broad presidential trade actions under these statutes. But sweeping tariff measures that effectively rewrite trade policy — affecting billions in commerce — raise non-delegation doctrine concerns. When the executive branch makes economic policy of this magnitude unilaterally, it sits at the edge of the separation of powers.

Official Summary

Administration of Barack Obama, 2011 Proclamation 8693—Suspension of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions July 24, 2011 By the President of the United States of America A Proclamation In light of the firm commitment of the United States to the preservation of international peace and security and our obligations under the United Nations Charter to carry out the decisions of the United Nations Security Council imposed under Chapter VII, I have determined that it is in the interests of the United States to suspend the entry into the United States, as immigrants or nonimmigrants, of aliens who are subject to United Nations Security Council travel bans as of the date of this proclamation. I have further determined that the interests of the United States are served by suspending the entry into the United States, as immigrants or nonimmigrants, of aliens whose property and interests in property have been blocked by an Executive Order issued in whole or in part pursuant to the President's authority under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq

Read the official documentOpen on GovInfo →