Introduction to Immigration Law

1
Introduction to Immigration Law
2
Basic Principles

• History
• While immigration was relatively open at the
  founding of the nation, it became controversial
• Restrictions began appearing in the statute
• Racial exclusion
• Naturalization was limited only to whites (1790)
• The de jure racial exclusion laws did not begin
  to disappear during World War II
• The national origin quota restrictions were not
  eliminated until 1965

3
Legal Principles

• Enumerated powers
• Commerce clause
• Naturalization clause
• War powers
• Implied powers
• Sovereignty
• Foreign policy

4
Limitations

• States may not create distinctions based on
  alienage, nor may they regulate in immigration
  realm
• States may limit non-citizen employment in
  certain fields
• Peace officers
• Federal govt. is given broad leeway in matters
  with more direct relation to immigration control
  function
• Federal power is strongest where the non-citizen
  is not yet in the U.S.

5

• Race based application of authority have been
  found to be impermissible under otherwise neutral
  statute
• Court would not read in authority to allow such
  classifications
• Nationality classifications have been allowed
  where agency is operating under statutory
  authority

6
Tensions

• Consolidation of exclusion and deportation
• Admitted persons v. those still in posture
  seeking admission
• Returning permanent residents

7
The Immigration Statute

• Grounds of Inadmissibility
• 8 U.S.C. 1182(a)
• Procedures for admission
• 8 U.S.C 1225
• Grounds of Deportability
• 8 U.S.C. 1227
• Procedure for removal
• 8 U.S.C. 1229a