Isabella Carter
The Constitution does not explicitly state which branch of the US government has the power to control immigration. However, it is now widely accepted that the federal government has exclusive power over immigration, rooted in national sovereignty and federalism. The Migration and Importation Clause in Article I, § 9, clause 1, of the Constitution has been interpreted as granting Congress the power to control migration and importation. The Naturalization Clause in Article I also gives Congress the power to establish a uniform rule of naturalization, which has been interpreted as a source of federal control over immigration. The Supreme Court has upheld Congress's power over immigration, stating that the formulation of immigration policies is entrusted exclusively to Congress.
| Characteristics | Values |
|---|---|
| Power to control immigration | Congress |
| Basis of power | Migration and Importation Clause, Article I, § 9, clause 1 of the Constitution |
| Basis of power | War Power, Article I, § 8, clause 11 |
| Basis of power | Naturalization Clause, Article I |
| Basis of power | Commerce Clause, Article I, § 8, clause 3 |
| Basis of power | National sovereignty and federalism |
| Basis of power | Supreme Court rulings |
| Basis of power | Congressional power to make laws |
| Basis of power | Congressional power over foreign affairs |
| Basis of power | Congressional power to establish rules for aliens |
| Basis of power | Congressional power to regulate foreign commerce |
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The Migration and Importation Clause
> "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, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person."
This clause restricted Congress from prohibiting the migration or importation of people into the US before 1808. However, Congress was permitted to impose a tax or duty on such importation, with a limit of $10 per person.
The interpretation of this clause has been a subject of discussion. One view is that the clause was intended to prevent Congress from interfering with the slave trade before 1808. This interpretation is supported by the fact that the clause specifically mentions a time limit on congressional power before 1808, suggesting that after 1808, Congress would gain authority over migration and importation. James Madison, in Federalist 42, argued that the clause was meant to protect the slave trade before 1808 and that its wording was chosen to avoid using the term "slaves" explicitly.
On the other hand, some argue that the Founding Fathers did not intend to give the federal government the power to ban immigration. They suggest that the absence of a specific textual grant of authority over immigration indicates a lack of general federal power in this area. Instead, they propose that the Naturalization Clause, which gives Congress the power to "establish an Uniform Rule of Naturalization," is more closely related to immigration powers.
The Supreme Court has also played a role in defining immigration powers. In De Canas v. Bica (1976), the Court upheld the ability of states to regulate immigration, provided it does not conflict with federal law. In the Passenger Cases (1849), the Court invoked the Commerce Clause to ban state immigration fees, asserting that Congress has exclusive control over foreign affairs and commerce. In Zadvydas v. Davis (2001), the Court noted the distinction between aliens who have entered the US and those who have not, emphasizing the government's authority to control entry.
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The Naturalization Clause
The Naturalization Act of 1790 set the first federal parameters, which have evolved through Supreme Court decisions and additional legislation to include a broader and more inclusive definition of eligibility for citizenship. Naturalization is the process by which non-citizens become citizens. Before the U.S. Constitution was adopted in 1787, the Articles of Confederation allowed the states to set their own rules for granting citizenship, leading to inconsistencies and confusion. The Framers of the Constitution sought to remedy this problem by centralizing the power of naturalization.
In the years that followed, the Supreme Court interpreted the Naturalization Clause to mean that states had concurrent authority over naturalization as long as their laws didn't conflict with federal laws. However, in 1817, the Supreme Court firmly established in the Chirac case that the power of naturalization rests solely with Congress. Chief Justice John Marshall declared in Chirac that naturalization was exclusively a power of Congress, reinforcing the federal government's sole authority over naturalization laws. This ruling clarified that states couldn't independently grant citizenship and supported a uniform approach to naturalization across the nation.
The congressional power most closely related to immigration is the Naturalization Clause, which gives Congress the power to "establish an Uniform Rule of Naturalization." While this clause grants Congress the authority to determine eligibility for naturalization, it does not equate to a power to forbid immigration. Historically, many people have resided in the United States without being citizens, and Congress has granted citizenship to individuals who have never set foot in the country, such as the foreign-born children of American citizens.
The Migration and Importation Clause in Article I, § 9, clause 1, has also been considered a potential grant of power to Congress over migration and importation. However, the prevailing interpretation is that this clause was intended to prevent Congress from banning the slave trade before 1808. Additionally, the War Power in Article I, § 8, clause 11, gives Congress the authority to "declare war," which could be cited as another potential source of federal control over immigration.
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The War Power
While the Constitution does not explicitly mention immigration, it does grant Congress the power to "regulate Commerce with foreign Nations, and among the several States". This Commerce Clause, found in Article I, § 8, clause 3, has been used by the Supreme Court to uphold federal control over immigration. In the Passenger Cases (1849), the Court invoked the Commerce Clause to ban states from levying fees on foreigners wishing to disembark at state ports. The Court reasoned that Congress has exclusive control over foreign affairs and foreign commerce, even when that power has not been explicitly exercised.
In addition to the War Power and the Commerce Clause, the Naturalization Clause in Article I grants Congress the power to "establish an Uniform Rule of Naturalization". This clause has been interpreted to give Congress the power to regulate immigration, as the power to determine eligibility for naturalization is closely related to the power to control immigration.
The Supreme Court has also recognised Congress's plenary power over immigration, giving it almost complete authority to decide whether foreign nationals may enter or remain in the United States. This power is rooted in national sovereignty and federalism, with the understanding that one uniform law on immigration creates uniformity for all states and contributes to national identity, definition, and preservation.
However, it is important to note that the federal immigration power does not preclude state regulations affecting non-citizens. In De Canas v. Bica (1976), the Supreme Court upheld a California statute prohibiting employers from knowingly employing non-citizens who are not entitled to lawful residence in the US if it would adversely affect lawful resident workers.
In summary, while the War Power has been cited as a potential source of federal control over immigration, the Commerce Clause, the Naturalization Clause, and Congress's plenary power over immigration recognised by the Supreme Court are more directly related to the federal government's authority in this area.
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Congress can make laws concerning aliens
The US Constitution assigns the power to control immigration to Congress. The Migration and Importation Clause in Article I, § 9, clause 1, of the Constitution has been interpreted as granting Congress the power to control migration and importation. The Naturalization Clause in Article I also gives Congress the power to "establish an Uniform Rule of Naturalization."
The Supreme Court has generally assigned the constitutional power to regulate immigration to Congress, with executive authority mainly derived from congressional delegations of authority. In Galvan v. Press, the Court affirmed that "the formulation of these policies is entrusted exclusively to Congress."
The distinction between aliens who have entered the United States and those who have never entered is significant in immigration law. Once an alien lawfully enters and resides in the country, they are generally accorded the rights guaranteed by the Constitution to all people within US borders. However, Congress's power to regulate immigration is constrained by due process requirements, as outlined in cases such as Vajtauer v. Comm’r of Immigration at Port of N.Y.
While the federal government has the primary power to regulate immigration, state regulations affecting non-citizens may also be valid. In De Canas v. Bica, the Supreme Court upheld a California statute prohibiting employers from knowingly employing non-citizens who are not entitled to lawful residence in the US if it would adversely affect lawful resident workers.
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The Commerce Clause
You may want to see also The Constitution assigns power to control immigration to Congress. Congress has the power to establish a "uniform Rule of Naturalization". This gives Congress the ability to make laws concerning aliens that would be unconstitutional if applied to citizens. The Migration and Importation Clause in Article I, § 9, clause 1, of the Constitution is a potential grant of power to Congress. The clause states that migration or importation shall not be prohibited by Congress before the year 1808. The prevailing interpretation is that this clause was intended to prevent Congress from stopping the slave trade before 1808. The War Power, found in Article I, § 8, clause 11, is a potential source of federal control over immigration. It gives Congress the authority to declare war. The Commerce Clause in Article I, § 8, clause 3, gives Congress the power to "regulate Commerce with foreign Nations, and among the several States." The Supreme Court has used this clause to uphold federal control over immigration.Key Constitution Points: A Quick Overview
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