The Constitution does not specify exactly how much power the federal government has in regulating immigration. In recent years, some leading legal scholars have argued that the original meaning of the Commerce Clause gives Congress the power to regulate all “social interaction” that affects multiple states or foreign nations. But this interpretation would give Congress nearly unlimited power, and is inconsistent with the dominant original understanding that congressional power was intended to be strictly limited in order to limit infringements on the power of the states.
According to Executive Director of the American Immigration Council, Benjamin Johnson, he believes "A federal lawsuit isn't meant to discount the frustration with our broken immigration system, it's meant to define and then protect the federal government's Constitutional authority to manage immigration". This quote expands on the belief that the federal government should have the power to create a uniform immigration policy and have the final say regarding immigration as supported and interpreted by the Supremacy Clause.
States such as Nebraska and Arizona that have already passed bills that alter immigration policy, such as requiring proper citizenship proof in order to own a home, interfere with a uniform process that is consistent throughout the nation. Other states have attempted to pass bills regarding changing their specific immigration policy but have been denied by congress.
States such as Nebraska and Arizona that have already passed bills that alter immigration policy, such as requiring proper citizenship proof in order to own a home, interfere with a uniform process that is consistent throughout the nation. Other states have attempted to pass bills regarding changing their specific immigration policy but have been denied by congress.
Refrences:
"Defining Roles: Federal vs. State Immigration Authority." American Immigration Council. N.p., 22 June 2010. Web. 14 Nov. 2014.
Somin, Ilya. "Immigration and the US Constitution." Open Borders The Case. N.p., 18 Mar. 2013. Web. 14 Nov. 2014.
Thomas, Kate. "U.S. Supreme Court Says Immigration Is Federal Issue, Not States, But Wrongly Upholds AZ SB 1070." SEIU.org. N.p., 25 June 2012. Web. 15 Nov. 2014.
"Defining Roles: Federal vs. State Immigration Authority." American Immigration Council. N.p., 22 June 2010. Web. 14 Nov. 2014.
Somin, Ilya. "Immigration and the US Constitution." Open Borders The Case. N.p., 18 Mar. 2013. Web. 14 Nov. 2014.
Thomas, Kate. "U.S. Supreme Court Says Immigration Is Federal Issue, Not States, But Wrongly Upholds AZ SB 1070." SEIU.org. N.p., 25 June 2012. Web. 15 Nov. 2014.