Which branch of government should be making the decisions on immigration - Essay Example

Comments (0) Cite this document
One of the main reasons people from different parts of the world migrate to the U.S. is to find a better life for themselves and their families. While several migrants find their way into…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96% of users find it useful
Which branch of government should be making the decisions on immigration
Read TextPreview

Extract of sample "Which branch of government should be making the decisions on immigration"

Which branch of Government Should Be Making Decisions on Immigration? Immigrants in the United s of America have various reasons for going to the country. One of the main reasons people from different parts of the world migrate to the U.S. is to find a better life for themselves and their families. While several migrants find their way into the country legally, many others use illegal means to get into the country each year. For a long time the nation has come to be known as the melting pot as immigrants contribute to the culture and participate in governance. One major reason why people move to America is to enjoy the freedom.
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 through its executive branch has the ability to make laws, through its executive branch enforces the laws and through its judicial branch counters checks if the laws are in line with the constitution. Under Article 1, section 8 of the US constitution a uniform rule of neutralization can be established only by the federal government and it is the only place where immigration is mention in the constitution. This simply means that the immigration policy must be uniform in on a national scale (Ciano).
Another constitutional provision in regards to immigration is Article 1, section 9 that says "The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight ...” to put this in simple terms, after the year 1908 only the congress has power over the immigrants, and it does not give powers to individual states. The states cannot amend national immigration policy as they do not have the right to act so (quilen). The other reason is control; only the federal government has the ability to control all 50 states as no single state can control the other let alone 50 states. Base on functionality, the constitution and control the federal government wields the powers to handle policies in regards to immigration and such should not be left in the hands of the states.
One key reason that leads immigrants into United States of America is freedom; unfortunately not all of them come in legally. There are an estimated 11 million illegal immigrants in the US. The federal government is seen as taking too long to deal with the issue and its measures are also seen as ineffective. This has lead to some states enacting their own immigration policies. This has lead to serious debates on who should control immigration policies. The federal government is well poised to handle the issue of immigration, as seen in its functions. The constitution also mandates it to do so, besides it is more able to control all the 50 states.
Batalova Davy and Meyers Deborah & Batalova,  Jeanne.“Who Does What in U.S. Immigration”,2005 (accessed May 13, 2014)
Chin, Gabriel J. “Is There a Plenary Power Doctrine? A Tentative Apology and Prediction for Our Strange but Unexceptional Constitutional Immigration Law”. Georgetown Immigration Law Review, 14, no. 2, (2000): 232-286.
Ciano Catherine, Federalism, immigration and deciding who can practice law, 14 oct. 2013, (Accessed 13 May 2014)
Ed Quillen, Whos in charge of immigration? Its a federal responsibility -- not that of state or local government, 29 June 2010, (Accessed 13 May 2014)
Vitesse John, Illegal immigration: Is it a state or federal issue? 2014, (Accessed 13 May 2014) Read More
Cite this document
  • APA
  • MLA
(“Which branch of government should be making the decisions on Essay”, n.d.)
Which branch of government should be making the decisions on Essay. Retrieved from
(Which Branch of Government Should Be Making the Decisions on Essay)
Which Branch of Government Should Be Making the Decisions on Essay.
“Which Branch of Government Should Be Making the Decisions on Essay”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Which branch of government should be making the decisions on immigration

U.S Government: Illegal Immigration

... to work for it to prove that they want to have the right to reside here. Those that are committing illegal activities should be tried and sentenced appropriately being sent to prisons and possibly receiving the death penalty for conspiracy and seduction in the United States as well as promoting criminal activity. The government does need to take a more active role in making sure that we have policies in place to handle illegal immigrants. It is not right when those that do not pay taxes receive benefits at the economical expenses of the citizens. There are compromises and viable options which can be taken so that it is not too costly in resources and money.... ?Illegal Immigration While we have been looking at protecting our...
1 Pages(250 words)Dissertation

Making Decisions

... and its process of decision making are important for deciding on optimum solution in least time. Leader should be able to identify each group members’ thought process and intention before deciding on any particular solution. Further, arriving at a common consensus remains a challenge in group decision making process. References Kinicki, A and Kreitner, R. (2009). Organizational Behavior: key concepts, skills and best practices. New York: TataMcGraw Hill Inc.... ?Running head: making decisions. Compare and contrast the rational model of decision-making and Simon's Normative Model, and also explain the model of decision-making styles and the...
2 Pages(500 words)Essay

Making decisions in groups

...?Application Essay: Groups If there is an example that demonstrates how bad a group’s decision making can get when taken to the extreme, it would be the terrorist groups. In this essay, the group “Hizb ut-Tahrir” will be taken as an example to illustrate the villainous stance of a group when done in extreme. The group in discussion would be the “Hizb ut-Tahrir”, a global Sunni network committed to establishing an international Islamic empire which is reportedly tied to Al Qaeda, the world’s most notorious terrorist group. It preaches “jihadism” or holy war and indoctrinates kids ages 9 to 18 about the idea of forming an empire that will rule according to Islamic law and the means to achieve it including...
1 Pages(250 words)Essay

Making Ethical Decisions

...and not stealing. 2. What are your alternatives? The alternative courses of action are: (1) fire the employee; (2) give the employee a warning or reprimand depending on the number of absences and customer complaints; (3) consult the company’s code of discipline that should guide the decision-maker on appropriate courses of action depending on violations of company policies; (4) do nothing. 3. What are the effects of each alternative? Firing the employee without just cause will subject the manager under legal complaints for violating labor laws, especially if the employee is a permanent employee. Giving the employee a warning or reprimand, depending on the number of absences or customer complaints would...
1 Pages(250 words)Essay

Making decisions in business

...the right data (Creswell, 2009). In such context, the researcher has decided to go deep in the topic of business research in order to understand how data is being collected and how this data can be analyzed in order make valid business decision. The essay will also take example of case study regarding sales revenue in return of Facebook marketing in order to shed light how statistical calculation is used for analyzing data. But, in the first section, the essay will shed light on data collection procedure. 1.1 Collection of Primary and Secondary Data Saunders, Lewis and Thornhil (2009) pointed out that researchers should be careful while collecting data regarding given business problem...
12 Pages(3000 words)Essay

Making Career Decisions commitment; without clearly defined goals and principles university studies can be a waste of time and money in the end. It is because of this that students are well advised to take a good look at their career plans and make sure they have chosen wisely and that they understand how their futures might pan out in a certain job field (Locke, 1992). This essay covers the individual and environmental career drivers behind the decision to take up human resource management (HRM), explains theories behind HRM in both American and British contexts, outlines career goals from the short to the long-term and attempts to ascertain which career strategy should be adopted for the greatest...
12 Pages(3000 words)Article

Making decisions

...Political decisions in Ukraine Samson Varghese Political decisions in Ukraine Political decision making in Ukraine is a great dilemma. Ever after the separation from the former Soviet Union though Ukraine tries to follow the democratic methodologies, much of the recent happenings in Ukraine questions their awareness about democracy. The competition between judiciary and legislature seems to be immense in Ukraine. “The political system of Ukraine, which is to much larger extent dominated by personal decision-making than by institutions, is not only a source of instability, but also a structural problem for the integration of Ukraineís”...
2 Pages(500 words)Essay

Independent Branch of Government

...Reporting a Deal Discussion Our judges are duty bound to remain impartial at all times regardless of their personal sentiment pertaining to the casethat they are hearing. Our courts are designed to be an independent branch of government and our judges are required to be the enforcers of the “rule of law”. However the judge as described in ethical dilemma 4 is in clear violation of their duties as law enforcers. Therefore, I will have no choice but to take action pertaining to the conversation I overheard. It is often said that better that a thousand guilty men go free than innocent man be imprisoned. In this case, the sentiments of the judge clearly puts the decision of the court on the...
1 Pages(250 words)Essay

Is the Judicial Branch Still the Weakest Branch of Government

... equal chances to a public and free education irrespective of their races and residential places. The judicial unit of the US lacks power to judge, and this choice to carry decisions and make the judgment lies on the executive. As noted by the court’s decision in Brown v. Board of Education, the executive delegates the privilege and holds the communitys sword (Court Decisions That Changed the Nation: Brown v. Board of Education. To him, the executive is the branch of government, which has the power to enact laws of the state while the judicial branch has no such powers whatsoever. Turner also argues that, the legislature commands the purse and prescribes the rules through which duties and rights of the residents are controlled (34... Brown...
1 Pages(250 words)Essay

Making bad hiring decisions

...Making Bad Hiring Decisions Making Bad Hiring Decisions Many firms assert that serious unwarranted losses may be incurred, owing to the management’s uniformed decisions of hiring unqualified professionals (Wallin, 2010). As such, this may compel an individual into raising the question of the justification of different personality tests that dissimilar firms employ, in an endeavor to create an effective workforce. Diverse aspects of the personality tests are significant in the hiring of organizations’ personnel (Wallin, 2010). The personality tests evidently hold significant challenges, with some critics challenging their legitimacy and dependability. The policymakers are also perceived to have done little in the standardization... Bad Hiring...
1 Pages(250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Which branch of government should be making the decisions on immigration for FREE!

Contact Us