II. CONSTITUTIONAL LAW In this section, we will discuss the Constitutional Foundations of Immigration Law. The federal government has exclusive power to regulate immigration in the United States. Supreme Court decisions have established that states cannot have their own immigration laws. If every state had its own immigration laws, it would create a complicated and contradictory patchwork of regulations, leading to conflicts between the states and between the states and foreign countries. However, immigration is not explicitly addressed in the U.S. Constitution. So what are the sources of the federal government's immigration powers?
Naturalization Let's begin with Article 1, § 8, clause 4, of the United States Constitution, which grants Congress the power to establish a "uniform Rule of Naturalization." This means that individual states cannot bestow citizenship. That is the province of Congress alone. Remember, immigration is the process of migrating to the United States. Naturalization is the process of becoming a citizen.
Commerce Clause The Commerce Clause, Article I, § 8, clause 3, gives Congress the power "to regulate Commerce with foreign Nations, and among the several States." Congress has the sole authority to regulate trade with foreign nations. The Commerce Clause has been used to limit the states' ability to regulate any area which touches on this area, such as taxes on immigrants or foreign nationals going through U.S. ports.
Migration and Importation Clause The Migration and Importation Clause in Article I, § 9, clause 1, of the Constitution has also been considered a grant of power to Congress to regulate immigration. Under this clause,
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