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<blockquote data-quote="tourists24" data-source="post: 6113379" data-attributes="member: 11490"><p>Article I, Section 8, Clause 18:</p><p> </p><p>[The Congress shall have Power . . . ] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.</p><p>Since the latter part of the twentieth century, the Supreme Court has distinguished between aliens who have entered the United States and aliens who have gained no legal foothold into this country in shaping the scope of Congress’s immigration power.<a href="https://constitution.congress.gov/browse/essay/artI-S8-C18-8-8-1/ALDE_00001264/#ALDF_00015345" target="_blank">1</a> Generally, the Court’s jurisprudence has been based on the notion that nonresident aliens outside the United States have no constitutional or statutory rights with respect to entry and therefore no legal basis to challenge their exclusion.<a href="https://constitution.congress.gov/browse/essay/artI-S8-C18-8-8-1/ALDE_00001264/#ALDF_00015346" target="_blank">2</a></p><p>Supreme Court precedent establishes that inherent principles of sovereignty give Congress plenary power to regulate immigration. Notwithstanding the implicit nature of this authority, the Court has described the immigration power as perhaps the most complete that Congress possesses.<a href="https://constitution.congress.gov/browse/essay/artI-S8-C18-8-8-1/ALDE_00001264/#ALDF_00015406" target="_blank">3</a> The core of this power—the part that has proven most impervious to judicial review—is the authority to determine which aliens may enter the United States and under what conditions. The Court has also established that the Executive Branch, when enforcing the laws concerning alien entry, has broad authority to do so mostly free from judicial oversight. While the Court has recognized that aliens present within the United States generally have more robust constitutional protections than aliens seeking entry into the country, the Court has upheld federal statutes impacting the rights of aliens within the United States in light of Congress’s unique immigration power, though the degree to which the immigration power is constrained by these constitutional protections remains a matter of continuing uncertainty.</p></blockquote><p></p>
[QUOTE="tourists24, post: 6113379, member: 11490"] Article I, Section 8, Clause 18: [The Congress shall have Power . . . ] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Since the latter part of the twentieth century, the Supreme Court has distinguished between aliens who have entered the United States and aliens who have gained no legal foothold into this country in shaping the scope of Congress’s immigration power.[URL='https://constitution.congress.gov/browse/essay/artI-S8-C18-8-8-1/ALDE_00001264/#ALDF_00015345']1[/URL] Generally, the Court’s jurisprudence has been based on the notion that nonresident aliens outside the United States have no constitutional or statutory rights with respect to entry and therefore no legal basis to challenge their exclusion.[URL='https://constitution.congress.gov/browse/essay/artI-S8-C18-8-8-1/ALDE_00001264/#ALDF_00015346']2[/URL] Supreme Court precedent establishes that inherent principles of sovereignty give Congress plenary power to regulate immigration. Notwithstanding the implicit nature of this authority, the Court has described the immigration power as perhaps the most complete that Congress possesses.[URL='https://constitution.congress.gov/browse/essay/artI-S8-C18-8-8-1/ALDE_00001264/#ALDF_00015406']3[/URL] The core of this power—the part that has proven most impervious to judicial review—is the authority to determine which aliens may enter the United States and under what conditions. The Court has also established that the Executive Branch, when enforcing the laws concerning alien entry, has broad authority to do so mostly free from judicial oversight. While the Court has recognized that aliens present within the United States generally have more robust constitutional protections than aliens seeking entry into the country, the Court has upheld federal statutes impacting the rights of aliens within the United States in light of Congress’s unique immigration power, though the degree to which the immigration power is constrained by these constitutional protections remains a matter of continuing uncertainty. [/QUOTE]
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