The first immigrants1 into the United States were those who settled in what became known as the

English colonies in the 1600’s; others that migrated to these colonies around that time were
welcomed by those already there.2 Centuries later, great changes took place, in 1875 Congress
enacted its first restrictive statute, which barred certain groups from entering the country.3 Since
then, Congress has passed many laws to regulate immigrant’s entrance, facilitate their
deportation, or allow them to remain in the United States.4

The United States Constitution bestows upon Congress the power to enact laws dealing
with immigration and naturalization. In 1996, Congress enacted the Illegal Immigration Reform
and Immigrant Responsibility Act (IIRIRA).5 The IIRIRA focused on adopting harsher
punishment against illegal immigration. It “streamlin[ed] the deportation process by curtailing the
never-ending legal appeal process that was used by immigration lawyers to keep their clients in
the United States until they found a sympathetic judge who would grant suspension of the
deportation.”6

Mr. Davidovich, a citizen of Israel, pled guilty to the charge of attempted possession of
marijuana with intent to deliver as a result of a plea bargain.7 At the time the plea was entered
into, Mr. Davidovich did not know that a guilty plea could result in his deportation back to Israel.8

1
BLACK’S LAW DICTIONARY 725 (7th ED. 1999). (“[A] Person who arrives in a country to settle there
permanently”).
2
DAVID WEISSBRODT, IMMIGRATION LAW AND PROCEDURE I (4th ed. 1998).
3
Id. at 6 (barring prostitutes and convicts from admission into the country).
4
See WEISSBRODT, supra note 2 (deportation is referred to as “removal” under the new federal statutes).
5
U.S. CONST. art. I, § 8, cl. 4 (stating that congress shall have the power “to establish a uniform Rule of
Naturalization…”); BLACK’S LAW Dictionary 725 (7th ED . 1999) (defining immigration is as the “act of
entering a country with the intention of settling there permanently” and naturalization as “the granting of
citizenship to a foreign born person under statutory authority”).
6
8 U.S.C.S. §1101 (Law Co-Op. 2001).
7
People v. Davidovich, 618 N.W.2d 579 (Michigan 2000).
8
See id.