Giving Power Over Immigration Back to the States

Unlike today, where the federal government has almost unchallenged authority over immigration policy, in years past, states often had more control over immigration than the United States. That changed in the late 1800s when the U.S. Supreme Court greatly expanded federal power through an expansive interpretation of Congress’s enumerated power “to establish a uniform Rule of Naturalization” in Article I Section 8 of the U.S. Constitution.

Texas has rightly sought to expand its ability to deal with illegal aliens. Even though it has failed in the face of federal assertions of questionable power, Texas should not give up this approach. Texas should assert its authority under Article 1, Section 10 of the Constitution to declare the current flood of illegal aliens crossing our border an invasion and shut down illegal border crossings itself.

Yet Texas should not give up hope of changing federal law on this issue. As immigration reform legislation works its way through Congress, Texas should push its representatives in Congress to expand the power of states to deal directly with illegal immigration. This would include allowing states to fully enforce federal immigration laws, make a violation of federal immigration law a state crime, and make it illegal for illegal immigrants to apply for, solicit, or perform work.

The U.S. government is radically changing the nature of our country through its open borders policy. Returning more authority to the states would restore some of the balance of our system of federalism and make significant progress in getting our immigration problem under control.