Reply To: Immigration and the constitution


Good question. The problem I can see is that Obama was making Executive law by his own decree, while technically, the states retain jurisdiction over immigration (though the federal government acts as though it is under Congress’ discretion, as though naturalization and immigration are interchangeable.

Presently, states and municipalities can provide sanctuary, as in unfettered havens for illegal immigrants, but as we saw in Arizona, they can very easily face a lawsuit for “preemption.”