The Migration or Importation Clause Law & Legal Definition


The migration and importation clause of the U.S. Constitution permits the migration or importation of people to the U.S.. Congress is not permitted to prohibit such entry prior to the year 1880, but can impose a tax or duty on such importation for an amount not exceeding ten dollars for each person. This clause does not confer any power but on the contrary restraints the exercise of certain powers that is been conferred to Congress. Thus, this clause is restrictive in nature. This clause is referred under USCS Const. Art. I, § 9, Cl 1. The provision reads as:

“The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person”.