May 23, 2019 - Issue: Vol. 165, No. 87 — Daily Edition116th Congress (2019 - 2020) - 1st Session

[Page H4166]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

           By Mr. GOSAR:
       H.R. 2989.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, section 8, clause 4, (the Naturalization Clause) 
     which gives Congress sovereign control over immigration. In 
     Chirac v. Lessee of Chirac (1817), the Supreme Court affirmed 
     that the Constitution grants Congress Plenary power on 
     immigration policy. Further, in Galvan v. Press (1954) the 
     court found ``that the formulation of policies [pertaining to 
     the entry of aliens and the right to remain here] is 
     entrusted to Congress has become about as firmly imbedded in 
     the legislative and judicial tissues of our body politic as 
     any aspect of our government.''
       Finally, in Sessions v. Dimaya (2018), when discussing the 
     aggravated felony definition in section 101(a)(43)(F) of the 
     Immigration and Nationality Act (INA), Justice Neil Gorsuch 
     issued an opinion stating, ``Congress remains free at any 
     time to add more crimes to its list. It remains free, as 
     well, to write a new residual clause that affords the fair 
     notice lacking here. Congress might, for example, say that a 
     conviction for any felony carrying a prison sentence of a 
     specified length opens an alien to removal. Congress has done 
     almost exaclty this in other laws . . .''