r words, “it is not


                                         16
within the province of any court, unless expressly authorized by law, to review the

determination of the political branch of the Government to exclude a given alien.”

U.S. ex rel. Knauff v. Shaughnessy, 338 U.S. 537, 543 (1950) (emphasis added).

Although the political branches’ power to exclude aliens is “largely immune from

judicial control,” it is not entirely immune; such decisions are still subject to

“narrow judicial review.” Fiallo v. Bell, 430 U.S. 787, 792 (1977) (citations

omitted). Moreover, this case is not about individual visa denials, but instead

concerns “the President’s promulgation of sweeping immigration policy.”

Washington, 847 F.3d at 1162. Reviewing the latter “is a familiar judicial

exercise,” Zivotofsky ex rel. Zivotofsky v. Clinton, 566 U.S. 189, 196 (2012); courts

do not hesitate to reach “challenges to the substance and implementation of

immigration policy.” Washington, 847 F.3d at 1163. Although “[t]he Executive

has broad discretion over the admission and exclusion of aliens, [] that discretion is

not boundless. It extends only as far as the statutory authority conferred by

Congress and may not transgress constitutional limitations. It is the duty of the

courts, in cases properly before them, to say where those statutory and

constitutional boundaries lie.” Abourezk v. Reagan, 785 F.2d 1043, 1061 (D.C.

Cir. 1986), aff’d by an equally divided court, 484 U.S. 1 (1987).

      The Government’s arguments to the contrary are foreclosed by Sale v.

Haitian Ctrs. Council, Inc., 509 U.S. 155, 187–88 (1993). In Sale, the Supreme


                                           17
Court reviewed on the merits whether the President had violated the INA and the

United States’ treaty obligations by invoking his authority under 8 U.S.C.

§ 1182(f) to “suspend[] the entry of undocumented aliens from the high seas.” Id.

at 160. By reaching the merits, Sale necessarily first dec