Does the federal government have the power to enforce illegal immigration?

ihopehefails

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I could not find anywhere in the constitution where the federal government has the power to enforce immigration. I know they can decide naturalization rules but do they have the power to enforce immigration laws? Does having the power to decide naturalization rules also give it the power to enforce those rules? It probably does but is the power to enforce existing naturalization rules exclusive to the federal government?

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Angelhair

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The Immigration and Nationality Act, a FEDERAL law, controls immigration. So, yes, the federal government has the power. The federal government ALONE has the power to control immigration. Immigration Officers have broad powers, including, in some instances, the right to arrest or search for aliens without a warrant. But when a search warrant to look for illegal aliens - in a house or factory, for example - is requested, there must be probable cause to believe that illegal alines are on the premises. Immigration officers may also issue rules and regulations that have the force of law and must be obeyed.
IMMIGRATION AND NATIONALITY ACT - Updated 11/1/96

It seems to me that the feds have failed miserably on this issue and now AZ took measures and maybe some more states will have to take the same measures. WA has to find a way to keep people from entering our country through the back door.
 

AquaAthena

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I could not find anywhere in the constitution where the federal government has the power to enforce immigration. I know they can decide naturalization rules but do they have the power to enforce immigration laws? Does having the power to decide naturalization rules also give it the power to enforce those rules? It probably does but is the power to enforce existing naturalization rules exclusive to the federal government?

discuss...
It has the power to enforce the Rule of Law. United States Constitution, 10th Amendment.
 
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ihopehefails

ihopehefails

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The Immigration and Nationality Act, a FEDERAL law, controls immigration. So, yes, the federal government has the power. The federal government ALONE has the power to control immigration. Immigration Officers have broad powers, including, in some instances, the right to arrest or search for aliens without a warrant. But when a search warrant to look for illegal aliens - in a house or factory, for example - is requested, there must be probable cause to believe that illegal alines are on the premises. Immigration officers may also issue rules and regulations that have the force of law and must be obeyed.
IMMIGRATION AND NATIONALITY ACT - Updated 11/1/96

It seems to me that the feds have failed miserably on this issue and now AZ took measures and maybe some more states will have to take the same measures. WA has to find a way to keep people from entering our country through the back door.
I don't know if they really have that power exclusively since their is no prohibition against the states from using the same power itself. The supremacy clause does state that all laws made in pursuance of the powers of the constitution are supreme but since the arizona law is not in conflict with exiting naturalization laws then I can't say it is violating the supremacy clause either.
 

Angelhair

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As in every law there are loopholes. The states have their own constitution that I'm sure can over ride fed immigration laws when it has to do with protecting their citizens and when the feds do NOTHING.......as is the case in AZ and many other states including CA.
 

Angelhair

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Entering the USA without permission (illegally) is against OUR constitution and against our Sovereign Law. Therefore, YES the feds DO have the power to both ENFORCE immigration as well as CONTROL it. I would venture to say that the STATES have the power to CONTROL - and in the case where the FEDS do nothing to ENFORCE it, then it falls to the states to CONTROL it - as AZ is trying to do.
 

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