Book Examines Early US Migration Policy & Federalism

Political scientist Anna O. Law released a new book, Migration and the Origins of American Citizenship, which details the early history of American migration policy and its connection to state authority over slavery and Native American affairs.

Law argues that during the first century of American history, states held primary power over immigration, driven by a desire to maintain control over internal migration, slavery, and relations with Native Americans. Southern states aimed to control the influx of enslaved people and restrict free Black populations, while other states attempted to limit “paupers” and those deemed undesirable.

The Constitution’s silence on federal migration power, coupled with detailed enumeration of other federal powers, suggests the Founders intended states to largely govern migration. While state control often involved restrictionist and discriminatory policies, variation between states sometimes benefited migrants by allowing them to settle in more welcoming locations.

Law's work is considered essential for understanding the constitutional and political history of American migration, acknowledging both the limitations and potential benefits of a federalist approach to immigration.