We will cover nonimmigrant visitors, family and employment based immigration, naturalization, asylum and deportation, as well as the roles of the various agencies involved in the immigration process. Immigration is a notoriously complex area of law, both because it is detailed and technical, and because it undergoes substantial changes almost every time the balance of power in Congress changes.
Immigration is an intensely political area of the law.
Of course, immigration is something that many people have a personal opinion about, but Congress is able to respond to public opinion on immigration like it is in few other areas because of what is known as the plenary power doctrine. This doctrine stems from the US Constitution, which provides that Congress has the power To establish a uniform Rule of Naturalization, in Article I, Section 8, clause 4. Under it, only Congress can pass laws regulating immigration, and it can pass laws that could not be applied to US citizens. The immigration laws passed by Congress are found in Title 8 of the United States Code. Since 1933, the INS has been part of the Justice Department.