Fact Check: The US Constitution does not grant the president unilateral asylum denial power.

Fact Check: The US Constitution does not grant the president unilateral asylum denial power.

Published July 2, 2025
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VERDICT
Unverified

# Fact Check: "The US Constitution does not grant the president unilateral asylum denial power." ## What We Know The claim that "the US Constitution ...

Fact Check: "The US Constitution does not grant the president unilateral asylum denial power."

What We Know

The claim that "the US Constitution does not grant the president unilateral asylum denial power" is rooted in ongoing legal debates regarding the extent of presidential authority over immigration and asylum policies. A recent ruling by a federal judge stated that neither immigration statutes nor the Constitution provide the president with the power to unilaterally deny access to asylum for individuals seeking refuge at the US-Mexico border (source-3, source-5). This ruling reflects a judicial interpretation that emphasizes the need for adherence to statutory law and constitutional protections regarding asylum seekers.

Analysis

The assertion that the president lacks unilateral power to deny asylum is supported by judicial interpretations, particularly in light of recent legal challenges to executive actions on immigration. The ruling mentioned above indicates that the court found no constitutional basis for the president to impose such restrictions without legislative backing (source-3). This aligns with the broader legal principle that immigration policy must comply with existing laws, which are designed to protect the rights of asylum seekers.

However, the interpretation of presidential powers in immigration matters can vary significantly depending on the political context and the specific legal arguments presented. Some legal scholars argue that the president does have substantial authority over immigration policy, including the ability to set conditions under which asylum may be granted. This perspective highlights the complexity of the issue and the potential for differing judicial interpretations (source-7).

The sources cited in this analysis are credible, with the rulings coming from established judicial authorities and the discussions reflecting ongoing legal discourse. However, the evolving nature of immigration law means that interpretations can change, and future rulings may further clarify or contest the current understanding of presidential powers in this domain.

Conclusion

Verdict: Unverified
The claim that the US Constitution does not grant the president unilateral asylum denial power is supported by recent judicial rulings but remains a subject of legal debate. The complexity of immigration law and the potential for differing interpretations mean that while current rulings suggest limitations on presidential power, the broader legal landscape is still evolving. Thus, the claim cannot be definitively verified as universally true or false at this time.

Sources

  1. Judge blocks Trump's rule barring migrants at US-Mexico border from claiming asylum
  2. Judge blocks Trump's rule barring migrants at US-Mexico border from claiming asylum
  3. Judge blocks 'sweeping' asylum crackdown after Trump

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Fact Check: Transcript 00:00 For all of their strutting about protesting that they support democracy. Not a one of them gave a damn about democracy when they pulled Biden off the ballot and dropped Kamala Harris in without a single Democrat primary voter voting for him. And you know what? Not a single Democrat is here today because not a single one of them gives a damn about the fact that they lied to the American people for four years. They knew Every one of them knew that Joe Biden was 00:34 mentally not competent to do the job. The White House Press Secretary. She knew when she stood in front of the American people and lied over and over and over again and they're not here because they can't defend themselves. It wasn't a surprise for four years the White House hid President Biden from Republican Senators. Would not let him meet with us. He served 40 years in this body. We all know him. And they deliberately lied and by the way Jake Tapper had a bombshell 01:08 book exposing the incredible scandal that Biden's mental decline was covered up by Jake Tapper. There's a Yiddish word and that truly is how dare we lie and cover up what we all knew. Now I have been asked literally a thousand times by Texans. Was running the country? And I'm going to give 01:40 you the most terrifying answer. I don't know. I genuinely don't know. And not a single Democrat here cares. The most telling proof of Biden's decline came with the signature of the president. The symbol of executive authority that was outsourced to a machine. Mister Wald you're a lawyer who served in the White House Council's Office. You understand the gravity of presidential action. Does the president's signature 02:10 carry legal and constitutional weight under article two? Yes. Is the act of signing an executive order or signing a law or granting a pardon a delegable duty of the president. Uh so in that opinion in 2005 from OLC they said essentially that an autopin could be used by a subordinate but the president's determination as to sign the document can never be delegated. Can that authority 02:41 be transferred to a staff or a machine without the president's explicit authorization? Never. And if you look at the statistics, the statistics are stunning. In 2021, President Biden issued 78 executive orders. None were signed with an auto pen. That first year the presidency, Biden I suppose was relatively lucid and 78 executive orders he signed by hand. The second year, however, we see the auto pen emerged. 03:15 The first auto pen executive order was issued on 15th 2022. After that day 100% of the executive orders issued in 2022 were signed by an autopen. In 2023 Biden issued twenty-four executive orders. 16 were auto penned. In 20twenty-four Biden issued 19. 14 were auto penned. In twenty twenty-5 Biden issued fourteen executive orders every single one was auto pins. 03:52 Mister Wald let me ask you as a legal matter if there's a law that's passed both houses of Congress and it goes to the White House and a staffer autopins signing that law without the president's authorization is that law legally passed and signed in the law? No. If an executive order is issued and a staffer autopins it without the president's authorization, is that executive order legally binding? No. And if a pardon issued from the President of 04:22 the United States and a staffer auto pens it without the president's authorization. Is that pardon legally binding? No. Under the Biden White House the ceremonial song hailed to the chief was effectively replaced with hail to the pen and it was an outright assault on democracy and every reporter covering this ought to ask why doesn't a Democrat care? We heard about the moral responsibilities of a staffer. 04:54 How about an elected senator who knows damn well that if we get into a war and Iran is preparing to fire a nuclear weapon at the United States that the commander in chief is busy playing with his jello and he's not competent to defend ourselves and every member of the cabinet, the chief of staff, the press secretary, and the members of Congress who lied about this on a daily basis with the press's complicity. They are all responsible for subverting democracy. Angry Ted Cruz is perhaps my favorite version of 05:27 Ted Cruz because when he's getting history on it, you might want to take a listen. He is definitely angry that there's some acting going on here in the line of hail to the chief change from hail to the pen that's not a smart line but it's still the truth. The truth is in this video right here ladies and gentlemen. The change in the way Joe Biden used the autopin is a steady upward moving graph from twenty twenty-one to the end of his presidency in early twenty 05:58 twenty-five. Okay? That is a noticeable issue. And if he does not directly authorize the autopin we've got We've got grounds to go through every single law Joe Biden has signed that way and perhaps ignore them all together. There's way more evidence behind the autopin theory and hopefully it ends up sticking. I I hope it does because I think this is in a way worse than the Bill Clinton perjury case. Cuz Bill 06:28 Clinton basically lied before Congress lied directly to the American people lied under oath. This is worse in a way. Because lying under oath means that you know where the truth is and you're just hoping to get away with it and there's a direct law. This however Signing with the auto pin is more opaque. It is an ultimate he said she said and you're dont rate the opinion oo just fact if there is

Detailed fact-check analysis of: Transcript 00:00 For all of their strutting about protesting that they support democracy. Not a one of them gave a damn about democracy when they pulled Biden off the ballot and dropped Kamala Harris in without a single Democrat primary voter voting for him. And you know what? Not a single Democrat is here today because not a single one of them gives a damn about the fact that they lied to the American people for four years. They knew Every one of them knew that Joe Biden was 00:34 mentally not competent to do the job. The White House Press Secretary. She knew when she stood in front of the American people and lied over and over and over again and they're not here because they can't defend themselves. It wasn't a surprise for four years the White House hid President Biden from Republican Senators. Would not let him meet with us. He served 40 years in this body. We all know him. And they deliberately lied and by the way Jake Tapper had a bombshell 01:08 book exposing the incredible scandal that Biden's mental decline was covered up by Jake Tapper. There's a Yiddish word and that truly is how dare we lie and cover up what we all knew. Now I have been asked literally a thousand times by Texans. Was running the country? And I'm going to give 01:40 you the most terrifying answer. I don't know. I genuinely don't know. And not a single Democrat here cares. The most telling proof of Biden's decline came with the signature of the president. The symbol of executive authority that was outsourced to a machine. Mister Wald you're a lawyer who served in the White House Council's Office. You understand the gravity of presidential action. Does the president's signature 02:10 carry legal and constitutional weight under article two? Yes. Is the act of signing an executive order or signing a law or granting a pardon a delegable duty of the president. Uh so in that opinion in 2005 from OLC they said essentially that an autopin could be used by a subordinate but the president's determination as to sign the document can never be delegated. Can that authority 02:41 be transferred to a staff or a machine without the president's explicit authorization? Never. And if you look at the statistics, the statistics are stunning. In 2021, President Biden issued 78 executive orders. None were signed with an auto pen. That first year the presidency, Biden I suppose was relatively lucid and 78 executive orders he signed by hand. The second year, however, we see the auto pen emerged. 03:15 The first auto pen executive order was issued on 15th 2022. After that day 100% of the executive orders issued in 2022 were signed by an autopen. In 2023 Biden issued twenty-four executive orders. 16 were auto penned. In 20twenty-four Biden issued 19. 14 were auto penned. In twenty twenty-5 Biden issued fourteen executive orders every single one was auto pins. 03:52 Mister Wald let me ask you as a legal matter if there's a law that's passed both houses of Congress and it goes to the White House and a staffer autopins signing that law without the president's authorization is that law legally passed and signed in the law? No. If an executive order is issued and a staffer autopins it without the president's authorization, is that executive order legally binding? No. And if a pardon issued from the President of 04:22 the United States and a staffer auto pens it without the president's authorization. Is that pardon legally binding? No. Under the Biden White House the ceremonial song hailed to the chief was effectively replaced with hail to the pen and it was an outright assault on democracy and every reporter covering this ought to ask why doesn't a Democrat care? We heard about the moral responsibilities of a staffer. 04:54 How about an elected senator who knows damn well that if we get into a war and Iran is preparing to fire a nuclear weapon at the United States that the commander in chief is busy playing with his jello and he's not competent to defend ourselves and every member of the cabinet, the chief of staff, the press secretary, and the members of Congress who lied about this on a daily basis with the press's complicity. They are all responsible for subverting democracy. Angry Ted Cruz is perhaps my favorite version of 05:27 Ted Cruz because when he's getting history on it, you might want to take a listen. He is definitely angry that there's some acting going on here in the line of hail to the chief change from hail to the pen that's not a smart line but it's still the truth. The truth is in this video right here ladies and gentlemen. 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