The Congress shall have Power To … To establish an uniform Rule of Naturalization, …
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Article I, Section. 8, US Constitution
I’ve been working on a fairly long piece about the kind of America I believe in – what “One Nation Under God” means to me. My attention was caught, though; as I’m sure your attention has been caught, by the matter of the Arizona Immigration Law.
The questions that occurred to me were:
- Is it reasonably likely that the Arizona law is unconstitutional?
- How, anyway, should I feel about illegal immigration?
It looks like Arizona’s SB 1070 set out to do two things – seed the idea in the minds of illegal immigrants that they are constantly at risk from arrest by state and local police so that they leave the country of their own accord, and attack legal rulings that have, effectively, given the federal government complete control over immigration matters.
I have to admit that, at first blush, I have a lot of sympathy with the idea that as Washington has not only not controlled illegal immigration but even – perhaps – promoted it by policy, so states should be allowed to manage it in so far as it damages their interests. But what’s the constitutional position?
The fact is, the Constitution never mentions immigration, so how is it that the rules for immigrants, and quotas from countries, are set by the federal government and not by the state governments? After all, as the 10th Amendment states, are the powers not delegated to the United States held by the states, or the people? Naturalization is covered, and The Federalist Papers make it clear that the authors of the Constitution intended matters of naturalization to be solely the province of the Federal authorities, both in respect of legislation and of enforcement. The linkage between naturalization and immigration has been established judicially: The Supreme Court has ruled that the Congressional power to regulate naturalization includes the power to regulate immigration, holding that:
- “Congress and the President have broad power over immigration and naturalization which the States do not possess.”
- “The power to control immigration — to admit or exclude aliens — is vested solely in the Federal Government, and the States may not deprive aliens so admitted of the right to earn a livelihood, as that would be tantamount to denying their entrance and abode.”
I have to say that I can’t see the logic of allowing Congress to legislate about naturalization if Congress can’t legislate as to the legality of the process by which an immigrant arrives in the first place! Equally, I don’t see how the United States (a nation) cannot determine who may be admitted or denied. All told then it wouldn’t surprise me if, by the time this gets argued to the Supreme Court (as it surely will), that SB1070 gets ruled unconstitutional.
All the constitutional discussion aside, how should I feel about immigration? Let me offer some background. I am an immigrant, British by birth. My observation is that Britain managed immigration admirably for many years, carefully controlling the pace of immigration and ensuring the integration of immigrant populations and the protection of the British Culture. Unfortunately, since the late 1950’s successive governments have failed to control immigration and the national character has, it seems, changed radically.
My wife and I have benefited greatly by our immigration, but we went through a long and difficult process to ensure we were legally admitted.
Take these facts together, and it should be no surprise that I believe that the Federal government should, by action and policy, protect the borders of the United States.
That still leaves open the question of “what should be done about people who are in the United States illegally?” I’ve got to admit, this is where I’m “wishy-washy”. I know that there are many jobs being done that “legal” residents won’t do. On the other hand, I know that there are substantial resources being exported “home” by illegal immigrants. I know that this country has the resources to support many people, and as a Christian I find it hard to take a hard line against people who are working hard, and seeking to better themselves. And I think the hypocrisy that exploits illegal immigrants by Federal policy and yet makes it difficult for them to get necessary services stinks. So I think there should be a “triage”. Starting as soon as the borders are properly policed, illegal immigrants should be allowed an opportunity to become legal – to show they are a positive and not a negative presence. Any with criminal records get a one-way ticket “home”. Any who establish that they support the laws, constitution and way of life of the United States get a probationary period equivalent to the time legal immigration takes – and can then be naturalized.
I’m sorry for the citizens of Arizona. They have a problem shared by those in other states – Florida, California, New Mexico and Texas in particular. The Federal Government is unwilling or unable to properly manage immigration. But I don’t believe their grandstanding politicians have the answer.