Perhaps before commenting on the Presidents effort concerning immigration you should have read what the Constitution has to say regarding the powers of the President and the Congress with regard to immigration. In order to correct this oversight, let me first refer you o the power of the Congress.

Congress, in Article 1 Section 8 has the power to “establish an uniform rule of naturalization.” That is the Congress gets to determine how one gets to be a naturalized citizen not who. In Section 9 “The migration or importation of such persons as any of the states now existing shall think proper to admit, shall be prohibited by the Congress prior to 1808.” This was the compromise reached with the southern states to stop the slave trade. The wording was written in such a manner as to make it applicable to all as at this time the Congress was and still is prohibited from passing “bills of attainder” that is laws that applied to specific groups or individuals, a prohibition that no longer applies thanks to our politician’s reinterpretation of the Constitution.

Amendment XIV makes all persons born in the United States automatically citizens of the United States. This statement like that in Section 9 was written so as not to conflict with the prohibition against bills of attainder, which has now created the anchor baby problem. As you are no doubt aware, it was intended to make citizens of former slaves who were considered property, not people, but the Amendment could not say this or it would in itself be unconstitutional.

As regards the President, he “shall have the power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.” So the President can take such action as regards the prosecution of anyone, but those being impeached. This does not mean they are immune from the law, only from being prosecuted for violating it. They can still be deported and should be, along with their anchor babies. If anyone feels sorry for them, they can apply to their state government to petition the federal government not to deport them and allow them to be personally responsible for them.

Absent any language that allows the Congress or the President from importing persons after 1808 this power defers to Amendment 10 of the U. S. Constitution where in that power is left to the States or to the people. As the State Constitutions are mute on this issue it would return the situation that existed before the politicians flaunted the law and that is foreigners had to be sponsored by someone in the United States who accepted responsibility of their not becoming wards of the state. The Congress could still pass a law denying them entry or making it conditional as the Congress has with those who can study, those who can just visit and those who can only work and none of the former can become citizens until they left and could be brought back under sponsorship.

Fred Blanchard
Brunswick