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Since September 11th the debate on immigration has heated up with the congress discussing how to amend the policy that is to allow foreigners to reside in the US. According to Reuters it is estimated that 11 million immigrants are in the US illegally. Based on this fact, some feel that politicians in Washington are at a slower pace on the issue and whatever measures they are proposing are not effective enough. Due to this some states such as Alabama Arizona, Georgia, Indiana and Utah have gone ahead to enact their own laws in regards to immigration. This has sparked an intense debate on who should make policy decisions on immigration whether it should be the affair of the states or the federal government (Vettese).
The federal immigration policy of the United States is based on the plenary power doctrine. As a fundamental characteristic of sovereignty, the legislative and the executive (political branches) enjoy great power and authority, in relation to immigration issues1. The courts in several occasions have affirmed the plenary power doctrine from the 19th century to-date, despite this, there are attempts to reduce control by the other branches of government on immigration and uphold a judicial administration system founded on the premise that foreigners have a right to migrate. The constitution does not give directions to any government branch in regards to immigration but it does put power of neutralization on the congress2.
Immigration policies being a national affair as immigrants do not only go to one state but to every state, must be uniform and to make policy decisions on the subject takes a national body. This body must be able to make the laws, enforces them in a national and uniform scale. This body must also be in a position to counter check if the laws made are in line with the constitution. There is no better side of the government that can fulfill this uniformity at a national scale than the federal government. The federal government
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