The Role of the Federal Government in Immigration Law
The United States Constitution does not explicitly define the federal government’s power over immigration. However, the Supreme Court has ruled that the federal government has “plenary power” over immigration, meaning that it has the exclusive authority to regulate immigration matters (Chae Chan Ping v. United States, 130 U.S. 581 (1889)).
Congressional Authority
Congress has the primary responsibility for passing immigration laws. The Constitution delegates to Congress the power “[t]o establish an uniform Rule of Naturalization, … throughout the United States” (U.S. Const. Art. I, Sec. 8, Cl. 4). This power includes the authority to determine which foreigners can become citizens and under what conditions.
Key Facts
- The United States Congress has the power to pass immigration laws.
- The Legislative Branch, which includes the House of Representatives and the Senate, is responsible for making laws, including those related to immigration.
- The Constitution delegates to Congress the power to establish a uniform rule of naturalization throughout the United States.
- The Executive Branch, headed by the President, enforces federal laws, including immigration laws.
- The Executive Branch can also issue executive orders that affect immigration policy, although these orders can be reversed by subsequent presidents.
- The Judicial Branch, specifically the Supreme Court, interprets the Constitution and can hear cases related to immigration, including disputes among lower courts and constitutional issues.
- Federal administrative agencies, such as the Department of Homeland Security and the Department of State, play a role in administering and implementing immigration laws passed by Congress.
- State and local governments have limited authority in making laws that affect immigration, as immigration regulation is primarily the responsibility of the federal government.
Congress has exercised its plenary power over immigration extensively throughout history. In the 1920s, Congress implemented a national origin quota system that limited the number of immigrants allowed from each country based on the number of immigrants from that country already in the United States. In 1965, Congress eliminated national origin quotas and instead emphasized family reunification in the immigration system. Subsequent amendments in 1986, 1990, and 1996 granted partial amnesty to illegal immigrants, increased levels of immigration, established diversity programs, and increased penalties for violations of immigration law.
Executive Authority
The Executive Branch, headed by the President, is responsible for enforcing federal laws, including immigration laws. The President can also issue executive orders that affect immigration policy. For example, President Obama created the Deferred Action for Childhood Arrivals (DACA) program through an executive order. DACA allowed certain individuals who came to the United States as children to apply for work authorization and protection from deportation.
However, executive orders can be reversed by subsequent presidents. President Trump issued several executive orders that reversed or modified Obama-era immigration policies, including DACA. President Biden has also issued executive orders related to immigration, including an order that reversed Trump’s travel ban on citizens from several Muslim-majority countries.
Judicial Authority
The Judicial Branch, specifically the Supreme Court, interprets the Constitution and can hear cases related to immigration. The Supreme Court has ruled on the constitutionality of various immigration laws and policies. For example, in Fong Yue Ting v. United States, 149 U.S. 698 (1893), the Supreme Court held that the federal government has the right to deport immigrants who have not been naturalized or taken steps towards becoming citizens.
Administrative Agencies
Federal administrative agencies, such as the Department of Homeland Security and the Department of State, play a role in administering and implementing immigration laws passed by Congress. These agencies issue regulations that interpret and expand upon the laws passed by Congress. They also enforce immigration laws and adjudicate immigration applications.
State and Local Authority
State and local governments have limited authority in making laws that affect immigration. The Supreme Court has held that the federal government has exclusive authority over immigration regulation, and state and local laws that conflict with federal immigration law are preempted (Arizona v. United States, 567 U.S. 387 (2012)).
However, state and local governments can play a role in assisting immigrants and refugees. For example, some states and cities have created programs to provide legal assistance to immigrants and refugees. Others have created programs to help immigrants and refugees integrate into their communities.
Conclusion
The federal government has the primary responsibility for regulating immigration in the United States. Congress has the power to pass immigration laws, the Executive Branch is responsible for enforcing those laws, and the Judicial Branch interprets the Constitution and can hear cases related to immigration. Federal administrative agencies play a role in administering and implementing immigration laws, and state and local governments have limited authority in this area.
Sources
- https://www.nationalgeographic.org/article/federal-role-immigration/
- https://lwvspa.org/immigration-and-the-roles-of-the-three-branches-of-government/
- https://www.nolo.com/legal-encyclopedia/who-has-the-power-to-change-u-s-immigration-law.html
FAQs
Which branch of government has the power to pass immigration laws?
**Answer:** Congress has the power to pass immigration laws. The Constitution delegates to Congress the power “to establish an uniform Rule of Naturalization, … throughout the United States” (U.S. Const. Art. I, Sec. 8, Cl. 4).
What is the role of the Executive Branch in immigration law?
**Answer:** The Executive Branch, headed by the President, is responsible for enforcing federal laws, including immigration laws. The President can also issue executive orders that affect immigration policy.
What is the role of the Judicial Branch in immigration law?
**Answer:** The Judicial Branch, specifically the Supreme Court, interprets the Constitution and can hear cases related to immigration. The Supreme Court has ruled on the constitutionality of various immigration laws and policies.
What is the role of state and local governments in immigration law?
**Answer:** State and local governments have limited authority in making laws that affect immigration. The Supreme Court has held that the federal government has exclusive authority over immigration regulation, and state and local laws that conflict with federal immigration law are preempted.
Can the President change immigration laws?
**Answer:** The President can issue executive orders that affect immigration policy, but these orders can be reversed by subsequent presidents. The President cannot unilaterally change immigration laws passed by Congress.
Can Congress override a presidential veto of an immigration bill?
**Answer:** Yes, Congress can override a presidential veto of an immigration bill with a two-thirds vote in both the House of Representatives and the Senate.
Can the Supreme Court overturn immigration laws passed by Congress?
**Answer:** Yes, the Supreme Court can overturn immigration laws passed by Congress if it finds that they are unconstitutional.
Can state and local governments pass laws that are more restrictive than federal immigration laws?
**Answer:** No, state and local governments cannot pass laws that are more restrictive than federal immigration laws. Federal immigration law preempts state and local laws that conflict with it.