Understanding The Migration or Importation Clause: A Legal Overview
Definition & Meaning
The Migration or Importation Clause of the U.S. Constitution is a provision that allows for the migration or importation of people into the United States. Specifically, it restricts Congress from prohibiting such entry until the year 1808. However, Congress is permitted to impose a tax or duty on this importation, limited to a maximum of ten dollars per person. This clause is found in Article I, Section 9, Clause 1 of the Constitution and serves as a limitation on Congressional power regarding the admission of individuals into the country.
Legal Use & context
This clause is significant in the context of immigration law and policy. It is often referenced in discussions about the historical regulation of immigration and the rights of states to admit individuals. Legal practitioners may encounter this clause when dealing with cases related to immigration, human rights, and constitutional law. Users can manage some aspects of immigration through legal forms and templates provided by services like US Legal Forms, which are drafted by experienced attorneys.
Real-world examples
Here are a couple of examples of abatement:
For instance, if a state wishes to admit individuals from another country, it must comply with the restrictions set by the Migration or Importation Clause. This means that while states can decide whom to admit, Congress cannot outright ban such admissions until the specified date in 1808.
(hypothetical example) A state might decide to welcome refugees from a crisis, but it must adhere to the limitations imposed by this clause regarding taxation and entry regulations.