<P> In regard to immigration law , Congress , under the Plenary Power Doctrine , has the power to make immigration policy subject to judicial oversight . The Executive Branch is charged with enforcing the immigration laws passed by Congress . The doctrine is based on the concept that immigration is a question of national sovereignty , relating to a nation 's right to define its own borders . Courts generally refrain from interfering in immigration matters . Historically , the U.S. Supreme Court has taken a hands - off approach when asked to review the political branches ' immigration decisions and policy - making . The Center for Immigration Studies , an organization with a slant toward isolationism , suggests there is a movement to `` erode '' political - branch control over immigration in favor of a judge - administered system and that the results have created national security concerns . The U.S. Supreme Court case Zadvydas v. Davis is cited as an example of the U.S. Supreme Court not following plenary power precedent . </P>
<P> In regard to immigration law , Congress , under the Plenary Power Doctrine , has the power to make immigration policy subject to judicial oversight . The Executive Branch is charged with enforcing the immigration laws passed by Congress . The doctrine is based on the concept that immigration is a question of national sovereignty , relating to a nation 's right to define its own borders . Courts generally refrain from interfering in immigration matters . Historically , the U.S. Supreme Court has taken a hands - off approach when asked to review the political branches ' immigration decisions and policy - making . The Center for Immigration Studies , an organization with a slant toward isolationism , suggests there is a movement to `` erode '' political - branch control over immigration in favor of a judge - administered system and that the results have created national security concerns . The U.S. Supreme Court case Zadvydas v. Davis is cited as an example of the U.S. Supreme Court not following plenary power precedent . </P>
who has the power to make immigration laws
who has the power to make immigration laws
Congress
Congress