ily determined

that the interests of the United States would be better served by facilitating more

travel, not less. By heavily restricting travel from the affected countries, the

Proclamation thus conflicts with the purpose of the Visa Waiver Program.

      More broadly, the Government contends that Plaintiffs’ reliance on the

statutory framework is misplaced because § 1182(f) empowers the President to

issue “supplemental” admission restrictions when he finds that the national interest

so warrants. Although true, this merely begs the question of whether the

restrictions at issue here are “supplemental.” We conclude that the indefinite

suspension of entry of all nationals from multiple countries, absent wartime or

exigent circumstances, nullifies rather than “supplement[s]” the existing statutory

scheme. The President is not foreclosed from acting to enhance vetting capabilities


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and other practices in order to strengthen existing immigration law, but must do so

in a manner consistent with Congress’s intent. Put another way, the President

cannot effectively abrogate existing immigration law while purporting to merely

strengthen it; the cure cannot be worse than the disease. Here, the President has

used his § 1182(f) and § 1185(a) powers to nullify numerous specific provisions of

the INA indefinitely with regard to all nationals of six countries, and has

overridden Congress’s legislative responses to the same concerns the Proclamation

aims to address. The Executive cannot without assent of Congress supplant its

statutory scheme with one stroke of a presidential pen.

                                c. Legislative History

      The legislative history suggests further limitations on § 1182(f)’s broad

grant of authority. Prior to passing the INA, which included § 1182(f), the House

of Representatives debated an amendment that would have continued to restrict the

President’s authority to suspend immigration only “[w]hen