Supreme Court Decisions on Immigration Policy



"If there is one area of law that should be universally understood as being largely outside the purview of the Supreme Court’s social engineering reach, it is immigration. Article I, Section 8, of the Constitution states that Congress shall have the power to “establish an uniform Rule of Naturalization.”

That, however, is not how events have transpired. For the last several decades, the Supreme Court has effectively trampled on Congress’s constitutionally mandated, separate, and exclusive power and taken upon itself the task of rewriting America’s immigration laws. "

- Mark R. Levin


"The Supreme Court has held that deportation is not punishment, but rather an administrative procedure whereby an illegal alien is returned to his homeland. The alien has not been deprived of life, liberty, or property, so many constitutional protections do not apply.

Most important to the discussion is the fact that most detainees facing deportation are dealing with administrative charges in a civil process, rather than criminal. Consequently they do not have a constitutional right to an attorney; such protections only apply to criminal law."

- Jon D. Feere, Legal Policy Analyst