Contrary to popular belief, the word "immigration" does not appear anywhere in the US Constitution, which raises the question of whether or not the "immigration" issue is an enumerated power of the Federal government, constitutionally speaking.
The term "naturalization" does appear in the US Constitution however, under Article I - Section VIII - Clause IV - which assigns the federal government via the Legislative Branch, the power - "To establish a uniform Rule of Naturalization;" - a legal means and method by which immigrants can gain access to U.S. citizenship via an organized and controlled naturalization process.
In Hampton v. Mow Sun Wong, 426 U.S. 88 [1976] the US Supreme Court issued a ruling stating that the power of the federal government to establish a uniform Rule of Naturalization implies the federal power to regulate immigration.
As we know, federal immigration and naturalization laws exist in the United States, providing immigrants a legal means and method by which to become a citizen of the United States. Entering the U.S. without the expressed permission of the U.S. has at all times in modern history, been a "crime." This crime has at all times had specific penalties attached, under both federal and state laws.
Read the rest of JB's great article on Canada Free Press!
