Immigration is indirectly addressed a number of times in the United States Constitution. In Article I, Section 8, Clause 4, the Constitution grants to the federal government the authority to ensure that all rules for naturalization are uniform. This clause addresses what the United States Congress can do once immigrants are in the country, and desire to become citizens. Each State's rules regarding naturalizing immigrants must be based on a uniform federal law. This clause does not tell States that they have to accept immigrants that come into the country illegally.
In Article IV, Section 4 of the United States Constitution, the Constitution mandates that the federal government "shall" protect the States against invasion. The word "invasion" is defined as being "to enter by force" and "an intrusion or encroachment." (American Heritage College Dictionary) Illegal entry into the United States is entry by force because the entrants are violating the law to do so. Their unlawful entry is also an intrusion, or encroachment, beyond the borders of this country.
In protecting the States from invasion, as stated in the Constitution, that would mean that the federal government has the duty to protect the borders, securing them against illegal crossings, ensuring that only people who have properly navigated the immigration process to enter this nation are able to cross the nation's borders.
Article 1, Section 9 of the United States Constitution is the only place in the document where immigration is specifically addressed.
According to the liberal left, Article I, Section 9, Clause 1 is obsolete. The clause addressed the Atlantic slave trade, and the migration of people into the United States. Slavery was abolished by Amendment 13 so the part of Article I, Section 9, Clause 1 that addresses slavery is obsolete. But is the part about migration still in force?
One could say that the “migration” portion of the clause is still in force because the 13th Amendment only addresses slavery.
The ramifications of this clause may indeed reach into today's issue regarding illegal immigration.
Why would the Founding Fathers include a mention of migration in a clause that is essentially geared toward the abolition of the importation of slaves?
The word “importation” in this clause applies wholly to slaves.
The word, migration, then, would seem to apply wholly to non-slaves.
The intention was that since the Constitution, as the contract that created our federal government, is a document that grants powers to the federal government, and that all authorities not expressly delegated, are reserved to the States, it was expected that immigration would remain as an issue that would be addressed by the States.
Other national governments prohibited migration as they saw fit, so the Founding Fathers determined that the new United States Government must have that same authority.
According to the clause, from the year 1808 Congress would possess the power to stop the importation of slaves, as well as the migration of people the Congress felt must be prohibited from entering this country as immigrants, through the Congress’s power of legislation.
The Constitution was written specifically in regards to the federal government. All powers originally belonged to the States. Some of those authorities were granted to the federal government for the purpose of protecting and preserving the union. Therefore, all authorities regarding immigration originally belonged to the States, and before 1808 the States had sole authority regarding all immigration issues.
In Article I, Section 9, the federal government was given the opportunity to regulate immigration, but not until 1808. The reason for delaying the power to prevent migration were, to be simply put, to give the States twenty years to attract as many people as possible without Congressional regulatory consideration. After all, at this time in history we had immense and almost immeasurable territory, peopled by not more than two and a half million inhabitants. Therefore, migration was encouraged, especially of the kind of people that would bring a benefit to the new nation. The immigration of able, skilled, and industrious Europeans was encouraged.
Note that this clause gives the federal government the authority to prohibit certain persons from migrating into the United States, but it does not give the federal government the authority to dictate to the States which persons the States must admit inside their borders.
Sanctuary cities, and States, by harboring illegal immigrants, which by definition have broken federal law, are demonstrating contempt for federal laws, which ultimately threatens to undermine the cohesion of the Republic. In fact, such actions by cities and states could be considered treasonous since, if illegal aliens are indeed an invading force, making them enemies of the United States, the sanctuary cities and states are giving the enemy "aid and comfort" (Article III, Section 3). Remember, not all illegal aliens are citizens of Mexico coming to America in search of a free ride, or work that will make them more money than anything they can find in Mexico. Among those that cross the American border illegally are sleeper terrorists, and others whose purpose is to destroy the United States. And, since we are in a war against terrorism committed by the Islamic Jihad, it is obvious that people crossing the American border illegally who are associated with sleeper terrorist cells, or are connected to groups like al-Qaeda, are enemies of this nation.
Considering immigration is a concurrent issue, which means the federal government is also tasked with enforcing the law (Article II, Section 3 of the Constitution states that President "shall take care that the laws be faithfully executed) the refusal by the federal government to enforce immigration law is unconstitutional, and places this nation in danger in the face of an enemy that is crossing the border freely. That said, as supported by the U.S. Constitution, it is fair, then, to reason that U.S. cities and states that declare themselves to be sanctuaries for illegal aliens are not only "harboring the enemy," but are also acting outside of the U.S. Code, sections 1324 and 1325 which considers it a felony to be "concealing, harboring, or sheltering illegal aliens," as well as violating the Immigration and Naturalization Act sections 274 and 275 which reads similarly.
Illegal entry into the United States — entry without inspection — is a misdemeanor, according to INA section 275, (8 USC Section 1324). Repeated illegal entry is a felony.
Immigration, despite the word "immigration" not being specifically mentioned in the U.S. Constitution, is both a federal and a State issue and all immigration and naturalization activities do indeed fall under the authority of the federal government. It is the duty of the federal government to protect this nation against foreign invasion.
The Obama administration, however, disagrees, and has not only refused to enforce the laws on the books, but are doing what they can to offer "Amnesty" programs. The federal government's position on this issue, as well as local government's complete disregard for the enforcement of immigration laws, run contrary to the original intention of the U.S. Constitution. I understand that we are all descendants of immigrants, and I believe that the strength of this nation is largely derived from the fact that we are a melting pot. However, immigration with the purpose of following the law, and going through the process because the immigrant wishes to assimilate into the American culture is one thing; purposeful violation of the law by crossing the border illegally is a federal crime no matter how you slice it, and the offenders must be treated accordingly. After all, the United States prides itself in being a nation that follows the rule of law, and to pick and choose which laws to follow, or to ignore the Constitutional authority given to the federal government to protect this nation against invasion is, in a word, irresponsible.
Barack Obama is going beyond irresponsible, however. The administration uses its legal arm in the Department of Justice to go after States that dare try to act upon their constitutional obligation to protect their citizens from illegal immigration, and Obama's cronies are using the court system, executive orders and regulatory fiat, to piecemeal amnesty into place without the involvement of Congress. And in a word, a central government that acts irregardless of the law, and without legislative authority, is a tyranny.
-- Political Pistachio Conservative News and Commentary
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