Comment & Debate
Shayana Kadidal. “‘Federalizing’ immigration law: International law as a limitation on Congress’s power to legislate in the field of immigration.” Fordham Law Review: “the appeal to the higher power of international law, in particular as a limitation on draconian legislation aimed at making it easier to deport aliens. […] Congress’s power to regulate immigration is not enumerated anywhere in the text of the U.S. Constitution; instead, the U.S. Supreme Court has consistently characterized it as a power ‘inherent in sovereignty,’ created by—and therefore limited by—international law. As international law norms emerge over time, they may diminish Congress’s power (so often described as ‘plenary’) to act in this field.”