- Comes from CONGRESS, some part of foreign policy power in EXECUTIVE, but most comes from Congress
- No real limit to that power.
- Treaties ratified by Congress has the force of law (i.e., becomes same as domestic law)
- Later enactments by Congress that deviate from treaty—HOW do courts interpret that?
- Government can abrogate treaty.
- Courts generally try to "bend over backwards" to reason that Congress didn't intent to abrogate treaty unless they specifically say so.
- Rule of interpretation: when looking at a treaty passed today and a statute passed tomorrow, will recognize later statute can change conditions on that treaty, but only if clearly intended by Congress.
- International law has little force in the interpretation of treaties or rules.
- Power limited to CONTROL OF IMMIGRATION
- Does not extend to other matters such as criminal punishment.
- May not extend to differential treatment of foreigners outside of immigration realm (tort, contract, etc.).
Who has the Power to Exclude Immigrants?
Who has the power to exclude? Who can decide who is not admissible? Where does that power rest?