A little more than a century ago, in what are known as the Chinese Exclusion Cases, the Supreme Court said that the political branches possess sweeping powers over noncitizens who are seeking to enter the United States. The Court’s reasoning for granting Congress and the president these expansive powers wasn’t just because of some special status of the border. Rather, the Chinese Exclusion Cases were rooted in racism and xenophobia. The Court believed that the political branches should have the power to decide whether foreigners of another race pose a threat to the United States.
