Immigration Public date: 26.04.2021 01:40:19

Publisher: Atlantic

Author:

24 Oct 2016

Testing Federal Power Over Immigration

An upcoming birthright citizenship case at the Supreme Court could give some insight as to whether Donald Trump’s proposed ban on immigration could pass Constitutional muster. The “plenary power doctrine” essentially holds that Congress can make distinctions among immigrants—including some based on sex, race, and national origin—that (as the Court said in 1976) “would be unacceptable if applied to citizens.”
An upcoming birthright citizenship case at the Supreme Court could give some insight as to whether Donald Trump’s...

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