Immigration Laws: Congress' Power And Limitations Explored

Congress has the power to make laws concerning immigration, including who is eligible to immigrate, how many can do so each year, who is inadmissible, and what the penalties are for violating U.S. immigration laws. This power has been interpreted by the Supreme Court to mean that Congress can make laws concerning aliens that would be unconstitutional if applied to citizens.

The federal Immigration and Nationality Act

Congress has the power to make laws concerning aliens that would be unconstitutional if applied to citizens. The Supreme Court has interpreted this power to apply with most force to the admission and exclusion of nonresident aliens abroad seeking to enter the United States.

Longstanding Supreme Court precedent recognises Congress as having "plenary" power over immigration, giving it almost complete authority to decide whether foreign nationals may enter or remain in the United States. This power has been upheld in several cases, including Kleindienst v. Mandel (1972) and Demore v. Kim (2003).

Discussions of the source of congressional immigration power sometimes also mention the power to declare war and the Migration and Importation Clause, which barred Congress from outlawing the slave trade before 1808.

The Migration and Importation Clause

The clause does not confer any power but instead restricts the exercise of certain powers conferred to Congress. It is therefore restrictive in nature.

The clause is referred to under USCS Const. Art. I, § 9, Cl 1. The provision reads:

> 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.

The power to declare war

Congress has the power to make laws concerning aliens that would be unconstitutional if applied to citizens. The Supreme Court has interpreted that power to apply with most force to the admission and exclusion of nonresident aliens abroad seeking to enter the United States.

Congress has the power to change immigration law or to write any other laws affecting immigration. The federal Immigration and Nationality Act, which is the main law governing immigration in the United States, came from Congress. It covers who is eligible to immigrate, how many can do so each year, who is inadmissible and cannot be allowed into the United States, and what the penalties are for violating U.S. immigration laws.

Longstanding Supreme Court precedent recognises Congress as having "plenary" power over immigration, giving it almost complete authority to decide whether foreign nationals may enter or remain in the United States.

Discussions of the source of congressional immigration power sometimes also mention the power to declare war.

The power to make laws concerning aliens

Congress has the power to make laws concerning aliens. The federal Immigration and Nationality Act, which is the main law governing immigration in the United States, came from Congress. It covers who is eligible to immigrate, how many can do so each year, who is inadmissible, what the penalties are for violating U.S. immigration laws, and so on.

Congress can make laws concerning aliens that would be unconstitutional if applied to citizens. The Supreme Court has interpreted that power to apply with most force to the admission and exclusion of nonresident aliens abroad seeking to enter the United States.

Longstanding Supreme Court precedent recognises Congress as having "plenary" power over immigration, giving it almost complete authority to decide whether foreign nationals (or "aliens", under governing statutes and case law) may enter or remain in the United States.

Discussions of the source of congressional immigration power sometimes also mention the power to declare war, and the Migration and Importation Clause, which barred Congress from outlawing the slave trade before 1808.

The power to exclude nonresident aliens seeking to enter the United States

Congress has the power to make laws concerning aliens that would be unconstitutional if applied to citizens. The Supreme Court has interpreted this power to apply with most force to the admission and exclusion of nonresident aliens abroad seeking to enter the United States. This power has been described as "plenary", giving Congress almost complete authority to decide whether foreign nationals may enter or remain in the United States.

The federal Immigration and Nationality Act, which is the main law governing immigration in the United States, came from Congress. It covers who is eligible to immigrate, how many can do so each year, who is inadmissible and cannot be allowed into the United States, and what the penalties are for violating U.S. immigration laws. Congress is empowered to change the immigration law or to write any other laws affecting immigration.

Various agencies of the executive branch of the U.S. government are responsible for administering Congress's immigration laws by passing rules and regulations and actively carrying them out. This includes the power to exclude nonresident aliens seeking to enter the United States.

Discussions of the source of congressional immigration power sometimes also mention the power to declare war and the Migration and Importation Clause, which barred Congress from outlawing the slave trade before 1808.

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