attorney general has the power to make immigration laws.
attorney general has the power to make immigration laws.
who has the power to make immigration laws?
attorney general
in regard to immigration law, congress, under the plenary power doctrine, has the power to make immigration policy subject to judicial oversight. the executive branch is charged with enforcing the immigration laws passed by congress. the doctrine is based on the concept that immigration is a question of national sovereignty, relating to a nation's right to define its own borders. courts generally refrain from interfering in immigration matters. historically, the u.s. supreme court has taken a hands-off approach when asked to review the political branches' immigration decisions and policy-making. the center for immigration studies, an organization with a slant toward isolationism, suggests there is a movement to limit political-branch control over immigration in favor of a judge-administered system. the u.s. supreme court case "zadvydas v. davis" is cited as an example of the u.s. supreme court not following plenary power precedent.
plenary power
initially under the covenant a separate immigration system existed in the cnmi, and u.s. immigration laws did not apply. but on november 28, 2009 the cnra unilaterally amended the covenant to match us law; specifically, cnra § 702(a) amended the covenant to state that "the provisions of the 'immigration laws' (as defined in section 101(a)(17) of the immigration and nationality act (8 u.s.c. 1101(a)(17))) shall apply to the commonwealth of the northern mariana islands." further, under cnra § 702(a), the "immigration laws," as well as the amendments to the covenant, "shall...supersede and replace all laws, provisions, or programs of the commonwealth relating to the admission of aliens and the removal of aliens from the commonwealth." transition to u.s. immigration laws began november 28, 2009.
northern mariana islands