No Safe Haven for Terrorist Families Act

The Constitution vests in Congress the power to establish a uniform rule of naturalization and to regulate commerce with foreign nations, which includes the authority to define the terms of admission and exclusion of aliens. Article I, Section 8, Clause 4 grants Congress the power to establish a uniform rule of naturalization, and the Necessary and Proper Clause (Article I, Section 8, Clause 18) enables Congress to enact laws that are appropriate to carry out its enumerated powers. The proposed ground of inadmissibility for close relatives of foreign terrorists is a reasonable measure to prote…

This bill would deny entry to close relatives of foreign terrorists, thereby violating the principle that guilt is personal and not inheritable or associational. The Constitution's Bill of Rights, particularly the Due Process Clause of the Fifth Amendment, protects individuals from punishment without individual fault. Additionally, the Eighth Amendment prohibits cruel and unusual punishments, which would include banishment or exclusion based solely on familial relation. The Tenth Amendment reserves to the states or the people all powers not delegated to the United States, and the federal gover…

The proposed legislation touches upon the power of Congress to establish a uniform rule of naturalization and to regulate immigration, which is an inherent attribute of national sovereignty. However, the Constitution requires that such laws be consistent with the principles of due process and the protection of individual rights, as the Bill of Rights applies to all persons within the United States, not merely citizens. The creation of a new ground for inadmissibility based solely on familial relationship to a foreign terrorist raises concerns under the Fifth Amendment's Due Process Clause, as …

As I wrote in McCulloch v. Maryland, 'Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional.' However, the Bill under examination seeks to establish a new ground for inadmissibility based solely on close familial relationship with a foreign terrorist, without requiring any personal culpability, intent, or action by the relative. This exceeds the scope of the Necessary and Proper Clause, as it is…