Remain in Mexico
Committee on Homeland Security and Governmental Affairs, United States Senate
By Andrew R. Arthur on January 16, 2025
Key to understanding any border policy is identifying where U.S. immigration authority is placed under our nation’s constitutional order.
Article I, sec. 8 of the U.S. Constitution states, in pertinent part: “The Congress shall have Power ... [t]o establish an uniform Rule of Naturalization [and t]o make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers”.
“Naturalization” is the process by which a foreign national in the United States — defined as an “alien” in section 101(a)(3) of the Immigration and Nationality Act (INA) — becomes a “citizen” (as defined by reference therein and in section 101(a)(22) of the INA4).
Inherent in and essential to Congress’ constitutional authority “to establish a uniform Rule of Naturalization”, therefore, is its ability and power to regulate immigration.
As the Congressional Research Service (CRS)5 has explained: “Long-standing Supreme Court precedent recognizes Congress as having plenary power over immigration, giving it almost complete authority to decide whether foreign nationals (aliens, under governing statutes and case law) may enter or remain in the United States” . (Emphasis added.)
https://cis.org/Testimony/Remain-Mexico
