Eleanor Finch
The Constitution does not explicitly state which branch of the government has the power to control immigration. However, the Supreme Court has consistently interpreted the Constitution as granting Congress the authority to regulate immigration. This power is derived from a combination of international and constitutional legal principles, including the Migration and Importation Clause, the Naturalization Clause, and the Commerce Clause. The Supreme Court has also upheld the constitutionality of granting the President the power to regulate immigration in specific cases related to national security. The federal government's exclusive power over immigration is rooted in national sovereignty and federalism, ensuring uniformity across all states and preserving national identity.
| Characteristics | Values |
|---|---|
| Source of congressional immigration power | War Power, Migration and Importation Clause, Naturalization Clause, plenary power |
| Court rulings | Passenger Cases (Sup.Ct.1849), Head Money Cases (Sup.Ct.1884), Ludecke v. Watkins (Sup.Ct.1948), Chinese Exclusion Case (Sup.Ct.1889), Galvan v. Press, Ping v. United States (130 U.S. 581, 609), Fiallo (430 U.S. at 798-99), Mandel (408 U.S. at 767), Zadvydas v. Davis (533 U.S. 678, 693, 695-96), Kleindienst v. Mandel (408 U.S. 753, 766), Demore v. Kim (538 U.S. 510, 522), Jean v. Nelson (472 U.S. 846, 875), Trump v. Hawaii (No. 17-965), Yamataya v. Fisher (189 U.S. 86, 100-01), Low Wah Suey v. Backus (225 U.S. 460, 468), United States ex rel. Tisi v. Tod (264 U.S. 131, 132), United States ex rel. Vajtauer v. Comm’r of Immigration at Port of N.Y. (273 U.S. 103, 106), Plyler (457 U.S. at 210), Mezei (345 U.S. at 212), Wong Wing v. United States (163 U.S. 228, 238), Yick Wo v. Hopkins (118 U.S. 356, 369), Mathews (426 U.S. at 77) |
| State involvement | States enacted their own immigration policies during the early years of the Republic, including laws aimed at preventing the entry of individuals with criminal records, people reliant on public assistance, slaves, and free blacks |
Explore related products
![Immigration Law Pocket Field Guide 2025 Edition [LATEST EDITION]](https://m.media-amazon.com/images/I/51EuQoWa2OL._AC_UL320_.jpg)
What You'll Learn
The Migration and Importation Clause
This clause has been interpreted in different ways. Some argue that it was intended to protect the slave trade and avoid direct references to slavery in the Constitution. James Madison, for example, suggested that the phrase "migration or importation of persons" was used due to "scruples against admitting the term 'slaves' into the Instrument." He also pointed out that the clause could be interpreted as preventing voluntary and beneficial emigration from Europe to America. Others view the clause as a tool to prevent Congress from using the Foreign Commerce Clause to heavily tax or ban the migration of indentured servants until 1808.
Challenges Framers of the Constitution Faced
You may want to see also
The War Power
In addition, the power to declare war may be linked to the federal government's inherent authority to protect the national public interest and maintain sovereignty. Immigration is considered a matter of vital national concern, and the regulation of immigration is seen as essential to a nation's self-preservation and effective governance of its borders.
The Supreme Court has also interpreted the War Power to apply to the admission and exclusion of nonresident aliens seeking to enter the United States. This interpretation gives Congress broad authority to control entry and make laws concerning aliens that would be unconstitutional if applied to citizens.
However, the War Power does not provide an absolute source of immigration control. The immigration power has proven less effective when directed at aliens already physically present within the United States.
The Constitution: Factors Behind Its Making
You may want to see also
The Naturalization Clause
The Supreme Court has described naturalization as "the act of adopting a foreigner, and clothing him with the privileges of a native citizen." This power of Congress over naturalization is exclusive; no state has the independent power to constitute a foreign subject a citizen of the United States. While Congress broadly controls the path to naturalization, it is restricted in conditioning the retention of citizenship once conferred. The Fourteenth Amendment declares that persons born or naturalized in the United States are citizens, and Congress may not distinguish among classes of citizens.
Trump's Betrayal: Constitution Under Fire
You may want to see also
Explore related products
![Understanding Immigration Law and Practice [Connected eBook] (Aspen Paralegal Series)](https://m.media-amazon.com/images/I/81JV3wS8LvL._AC_UL320_.jpg)
The plenary power of Congress
The Migration and Importation Clause in Article I, § 9, clause 1, of the Constitution has been considered a potential source of Congress's power over immigration. This clause, originally intended to prevent Congress from outlawing the slave trade before 1808, has been interpreted to imply that after 1808, Congress would gain power over migration and importation. The War Power, found in Article I, § 8, clause 11, which gives Congress the authority to "declare war," has also been cited as a potential source of federal control over immigration.
The Supreme Court has upheld the constitutionality of Congress's power to make laws concerning aliens that would be unconstitutional if applied to citizens. This power has been interpreted to apply most strongly to the admission and exclusion of nonresident aliens seeking to enter the country. The Court has upheld laws excluding aliens from entry on the basis of ethnicity, gender, legitimacy, and political belief. However, this power has been less absolute when directed at aliens already physically present within the United States, who are guaranteed due process of law under the Fifth and Fourteenth Amendments.
The Naturalization Clause in Article I, § 8, clause 4, has also been cited as an argument for federal control over immigration. While the Passenger Cases (1849) rejected this argument, the Naturalization Clause grants Congress the power to establish uniform rules of naturalization, which concerns decisions about citizenship. The Court has also looked to international legal principles, such as in the Chinese Exclusion Case (1889), which held that the federal power to exclude non-citizens is an incident of national sovereignty.
In summary, the plenary power of Congress over immigration is derived from a combination of constitutional and international legal principles. This power is rooted in national sovereignty and federalism, with the Supreme Court interpreting the Constitution to give Congress broad authority to regulate immigration and make laws concerning aliens. However, this power has limits, especially when applied to aliens already present in the United States.
Oath of Office: A Constitutional Cornerstone
You may want to see also
National sovereignty
The US Constitution does not explicitly state which branch of the government has the power to control immigration. However, the Supreme Court has consistently upheld the federal government's exclusive power to regulate immigration based on national sovereignty. This power has been challenged and reviewed in several cases, including:
- Passenger Cases (Sup.Ct.1849): The Supreme Court invoked the Commerce Clause in Article I, § 8, clause 3, of the Constitution, which grants Congress the power to "regulate Commerce with foreign Nations and among the several States." The Court invalidated state immigration fees, asserting that Congress exclusively controlled foreign affairs and commerce even when the power had not been exercised.
- Head Money Cases (Sup.Ct.1884): The Court upheld a federally imposed tax on foreign immigrants, again citing the commerce power.
- Chinese Exclusion Case (Sup.Ct.1889): The Court held that the federal power to exclude non-citizens is an incident of national sovereignty. Justice Marshall stated that it is the role of the federal government to oversee matters of national concern, while it is the province of the states to govern local matters.
- Ping v. United States (130 U.S. 581, 1889): The Court upheld a law excluding Chinese labourers from entry, recognising the power of exclusion of foreigners as an incident of sovereignty belonging to the US government.
- United States v. Verdugo-Urquidez (1990): The Court established that aliens receive constitutional protections when they have entered the US and developed substantial connections with the country.
The Migration and Importation Clause in Article I, § 9, clause 1, has also been interpreted as granting Congress the power to control immigration after 1808. Additionally, the Naturalization Clause in Article I, § 8, clause 4, has been argued to give the federal government control over immigration, although this clause specifically concerns decisions about citizenship.
In summary, the federal government's power to control immigration is rooted in national sovereignty and federalism. A uniform immigration law creates uniformity across all fifty states, contributing to national identity, definition, and preservation.
Meth Possession: Oregon's Felony Charge Criteria
You may want to see also
Frequently asked questions
The US Constitution does not explicitly state which branch of government has power over immigration. However, the Supreme Court has interpreted the Constitution to mean that the federal government has exclusive power to regulate immigration. This power is rooted in national sovereignty and federalism.
The Migration and Importation Clause in Article I, § 9, clause 1, of the Constitution has been considered a potential grant of power to Congress. The clause states that "the Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight". The prevailing interpretation is that this clause was intended to prevent Congress from outlawing the slave trade before 1808.
The War Power, found in Article I, § 8, clause 11, could be cited as a source of federal control over immigration. The War Power gives Congress the authority to "declare war".
![Immigration Law and Social Justice [Connected eBook] (Aspen Casebook)](https://m.media-amazon.com/images/I/61kcSR261nL._AC_UL320_.jpg)
