Created Equal: Our immigration system is broken. What does the Constitution say about it?
While Congress’s power over immigration is well established, defining its constitutional foundation is more difficult.
DACA recipients and supporters rally in Detroit on Sept. 5, 2017.
Immigration has been synonymous with the United States for centuries, but what do the country’s founding documents actually say about who can and can’t enter the country?
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. But while Congress’s power over immigration is well established, defining its constitutional foundation is more difficult, according to the Constitution Annotated.
On today’s episode of Created Equal, host Stephen Henderson revisits a conversation from the WDET Book Club with two constitutional and immigration law experts about whether the Constitution has the power to influence immigration policy.
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Guests:
Cristina Rodriguez is a professor at Yale University Law School and author of “The President and Immigration Law.” She says to the founders and other early American lawmakers, immigration was not thought of in the same way as today.
“Immigration from the very beginning was used as a political tool to keep people thought not to be loyal to the United States from coming into the country,” Rodriguez said.
Ilya Somin is a professor at the George Mason University’s Antonin Scalia Law School and author of “Free to Move: Foot Voting, Migration, and Political Freedom.” He says the executive branch needs to be limited in its power over immigration policy, because restrictions depend largely on who the president is at the time.
“I think the ultimate goal, which I don’t think is going to be achieved any time soon, is to shift the system, so that people should be allowed free entry,” Somin said.
Listen to Created Equal with host Stephen Henderson weekdays from 9-10 a.m. ET on 101.9 WDET and streaming on-demand.
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