Written by attorneys · grounded in primary & secondary sources — see below
A field of federal law regulating the admission, residence, and removal of noncitizens, subject to Congress's plenary power.
Sources & Authorities
How it applies
Common Examples
6
Medicare Residency Requirement
Isabelle Inman, a lawful permanent resident for four years, applied for Medicare benefits after turning sixty-five. Federal regulations denied her coverage because she had not yet met the five-year residency threshold. The denial stood because Congress holds plenary power over immigration and may impose reasonable alienage classifications without triggering strict scrutiny.
Sham Marriage Challenge
Idina Iverson married Igor Ito solely to obtain a green card and signed a side agreement stating they would never live together or share finances. When immigration authorities investigated, the court examined whether the couple had intended to assume the usual obligations of marriage. The marriage was held invalid because the collateral agreement contradicted the requirements of a genuine marital relationship.
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Cases
Statutes
Federal Rules
Common Law
Dictionaries
Visa Restriction Order
Ivy Ibarra, a national of a majority-Muslim country, was denied entry under an executive order citing national security risks to infrastructure projects. She challenged the order on Establishment Clause grounds, pointing to earlier presidential statements suggesting religious animus. The order was upheld because it recited a facially neutral security purpose rationally related to preventing sabotage.
State Registration Law
Irene Ingalls, a noncitizen, was prosecuted under a state statute requiring all aliens to register with local police. Federal immigration statutes already regulated alien registration and imposed their own penalties. The state law was preempted because the national power over immigration is exclusive and state additions to federal alien regulations are invalid.
Hines v. Davidowitz312 U.S. 52, 67 (1941)
Legislative Veto Invalidated
Isabella Ingram received a deportation order that Congress later attempted to override through a one-house veto provision in the immigration statute. She argued the veto violated separation of powers. The veto was struck down because it constituted an impermissible legislative action without bicameral passage and presentment.
Immigration & Naturalization Service v. Jagdish Rai Chadha462 U.S. 919, 954 n. 16, 103 S.Ct. 2764, 2785 n. 16, 77 L.Ed.2d 317
Deportation Proof Standard
Igor Ito faced deportation proceedings in which the government sought to prove his deportability by a preponderance of the evidence. He argued that the standard violated due process because deportation carries severe consequences. The court required clear and convincing evidence, recognizing that the drastic nature of removal demands a higher burden than ordinary civil cases.
In re Winship397 U.S. 358, 364, 90 S.Ct. 1068, 1073, 25 L.Ed.2d 368 (1970)
Common questions
Frequently Asked
3
What level of scrutiny applies to federal alienage classifications?+
Federal classifications based on alienage receive rational basis review rather than strict scrutiny because Congress possesses plenary power over immigration. A five-year residency requirement for Medicare benefits was upheld as neither arbitrary nor unreasonable even though it excluded many resident aliens.
When is a marriage entered for immigration purposes considered valid?+
Some courts treat a sham marriage as valid if the parties were competent and satisfied procedural requirements. Other courts invalidate the marriage unless the parties intended to assume the usual obligations and status of marriage rather than merely cohabiting.
How do courts review constitutional challenges to immigration-related executive orders?+
Courts accord substantial deference to the political branches in immigration and foreign affairs and generally apply at most rational basis review. An order restricting entry from several majority-Muslim countries was upheld when it stated a proper national security purpose rationally related to that purpose.
576 U.S. 644 (2015)Legislation and Regulation
…in many States. Gays and lesbians were prohibited from most government employment, barred from military service, excluded under immigration laws, targeted by police, and burdened in the exercise of their rights to associate. See Brief for Organization of American Historians as Amicus Curiae 5–28. For much of the 20th…