A Legacy of Incompetence: Consequences of the Biden-Harris Administration’s Policy Failures

Key to understanding how immigration policy should work is recognizing where the immigration authority in this country rests.

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 INA). Essential to Congress’ constitutional authority “to establish a uniform Rule of Naturalization”, is its power to regulate immigration.

As the Congressional Research Service (CRS) 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).