When I used the term, the only recollection I have is in terms of the right thinking that once they have deported all the undocumented foreigners, their problems end. They don't.
The children of undocumented foreigners born in the United States are citizens of the United States and we can
NEVER "uncitizen" them the way the right fantasizes about it.
Having said that, I want you to think about something:
When it comes to
immigration, the Constitution provides:
"
To establish an uniform Rule of Naturalization" Article 1 Section 8
That's it. The Constitution
does not give Congress any other authority.
Let's examine the facts:
The first federal immigration statute was in 1790. Here is the law laid out for you:
"
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That any Alien being a free white person, who shall have resided within the limits and under the jurisdiction of the United States for the term of two years, may be admitted to become a citizen..."
It was amended a few times, but it still limited citizenship to whites.
Despite that, people came from every corner of the globe to take advantage of opportunities
willingly offered. They could not become citizens, but they could work and earn money.
IF the law was supposed to give Congress any more authority, someone forgot to tell the founding fathers. Here is why:
During the lives of
ALL the founding fathers, the
states controlled the issue of who comes and goes. It was not until after
EVERY SINGLE FOUNDING FATHER DIED that the law changed. What happened?
In 1875 in the case of Chy Lung v. Freeman the United States Supreme Court granted "plenary powers" to Congress over immigration. Where does the Constitution give Congress the authority to grant plenary powers to
ANYONE? The problem for the states is that they did not weigh in on this case. The Supreme Court was not that satisfied with their own ruling. According to Wikipedia:
"
The court was also critical of the State of California, the Commissioner of Immigration, and the Sheriff of San Francisco, for not presenting any arguments on their behalf in the case."
Chy Lung v. Freeman - Wikipedia
So, during the lives of the founders, the
STATES controlled migration (foreigners coming in and out of states to work.) How come you suppose
NOT ONE FOUNDER OF THIS COUNTRY HAD A PROBLEM WITH THAT PRACTICE?