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The absolute power doctrine has been a central, integral feature of Supreme Court immigration jurisprudence (the study of law and legal questions as a whole) since the late 19th century. The doctrine gives the legislative and executive branches broad authority to regulate immigration. Furthermore, the doctrine holds that courts generally should not interfere in immigrant matters.
The absolute power doctrine gives Congress and the President the power to make policy free from judicial review. It is based on the assumption that anything related to immigration is a question of national sovereignty which pertains to the right of a country to define its own borders.
During the Chinese Exclusion Case of 1889, the absolute power doctrine was first expressed. In this instance, the Supreme Court upheld a law that barred Chinese laborers from entering the United States. It did not subject the law to any substantive constitutional analysis.
This doctrine shields a variety of immigration provisions from constitutional scrutiny. As a result, in Matthews v. Diaz (1976), “in the exercise of its broad powers over naturalization and immigration, Congress routinely enacts rules that would be unacceptable if applied to citizens.”
Fortunately, the theory has not become undisputed. It has been challenged over the years by a variety of people, including academics, other judges, and immigrants’ rights advocates. Despite their efforts, the Supreme Court has not formally rejected the doctrine.
During arguments before the Supreme Court and other district courts, government representatives often rely on the principle when defending or arguing in favor of legislation that is under attack on constitutional grounds.
In addition to being seen as having absolute powers in the areas of immigration, Congress is generally seen as having absolute power in the area of commerce and its regulation. While no one has officially recognized limits on the absolute power of Congress relating to immigration, there have been successful challenges to this idea when it comes to commerce. As a result, Congress’s powers over commerce are no longer absolute and cover all matters.
Due to the complex nature of immigration laws, it is rarely a good idea for people to attempt to defend their case. Immigrants facing criminal charges are in greatest need of representation.
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