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ARTICLE

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The Federal Role in United States Immigration

The Federal Role in United States Immigration

The United States Constitution does not define a federal power over immigration, yet courts have deemed it a “plenary power” of a sovereign nation. United States immigration law has developed extensively, often free of judicial review.

Grades

3 - 12

Subjects

Social Studies, Civics, U.S. History

Image

US Border Patrol Processing

The U.S. Constitution is unclear about the role of federal authority on immigration. Over time, immigration policy has varied largely from relatively open to restrictive. Here, customs and border patrol at a San Diego crossing process asylum seekers.

Photograph by Mani Albrecht
The U.S. Constitution is unclear about the role of federal authority on immigration. Over time, immigration policy has varied largely from relatively open to restrictive. Here, customs and border patrol at a San Diego crossing process asylum seekers.
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The United States Constitution sets the rules for the U.S. government. However, it does not say anything about immigration. Immigration is the term used when people move to another country to live. The United States' ideas about immigration have changed many times.

There are three parts to the federal, or national, government. They are called branches. The executive branch is led by the president. Congress is the legislative branch. The judicial branch is the system of courts. The U.S. Constitution explains their powers. However, which one has power over immigration isn't clear.

At first, the country had no limits on immigration. In 1875, Congress passed the first law about it. Lawmakers blocked immigrants who were criminals. In 1882, Congress stopped people who were very poor from coming to the United States.

Congress passed the Chinese Exclusion Act that same year. It blocked Chinese people from moving to the U.S.

Court Says Congress Can Throw Out Foreigners

That law was challenged in the U.S. Supreme Court. It makes decisions that affect the whole country. The case was Chae Chan Ping v. United States. In 1889, the court ruled that Congress could keep out noncitizens. The ruling said this power was part of being an independent country. In 1893, the court made another important ruling. It said Congress had the power to deport, or throw out, any foreigner.

Congress took a more active role in immigration after that. In the 1920s, it limited the number of immigrants who could come from each country. At the time, most immigrants came from Europe.

In 1952, Congress passed the Immigration and Naturalization Act. This law made clearer what the government could do about immigration. The law was adjusted in 1965. Reuniting families was said to be the most important thing. Immigrants could come and join their families who were already in the United States. In the years that followed, Congress also increased the number of immigrants allowed in. In 2001, Congress passed the Patriot Act. It increased background checks on immigrants.

U.S. Has History of Allowing in Refugees

Historically, the United States also has welcomed refugees. Refugees are people escaping danger. They may feel unsafe in their home country.

U.S. actions on immigration have changed through the years. Sometimes the country has opened its doors. Sometime it has set more limits. Some of this confusion is due to the Constitution. It lacks clear rules about who is in charge of immigration. At different times, each branch has had a say.

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Director
Tyson Brown, National Geographic Society
Author
Freddie Wilkinson
Production Managers
Gina Borgia, National Geographic Society
Jeanna Sullivan, National Geographic Society
Program Specialists
Sarah Appleton, National Geographic Society, National Geographic Society
Margot Willis, National Geographic Society
Producer
Clint Parks
other
Last Updated

October 19, 2023

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