01/28/2026
I am providing a civics lesson on who we are as a nation. Don’t be mad!
The Constitutional Foundation of Immigration: Why States Cannot Act as Sovereign Nations
We debate immigration as if it is just another political argument, but the real issue is constitutional authority. Under the Articles of Confederation the national government had almost no power.
It could not regulate borders or citizenship. Each state acted like its own small nation and set its own rules for who could enter, stay, or become a citizen. It created confusion, conflict, and a weak union that could not function as one country.
The Constitution was written to fix that failure. The Framers gave Congress clear authority in Article I, Section 8, to establish a uniform rule of naturalization throughout the United States. Uniformity was necessary. It prevented states from creating competing classes of citizenship or undermining national unity.
If citizenship must follow one federal standard, then the question of who may enter the country must also follow one federal standard.
The Supreme Court has recognized this for more than a century. This is the plenary power of Congress over immigration, rooted in sovereignty, foreign affairs, and the need for a single national policy.
Important cases confirm this truth.
Chae Chan Ping v. United States in 1889 affirmed federal authority over entry and exclusion.
Fong Yue Ting v. United States in 1893 extended that authority to deportation.
Arizona v. United States in 2012 struck down state attempts to create their own immigration policies and reaffirmed federal primacy.
The Supremacy Clause in Article VI makes the hierarchy clear. When Congress acts within its constitutional powers, federal law is the supreme law of the land. States cannot create conflicting immigration rules or build parallel systems that defy federal authority.
This is where sanctuary policies run into constitutional trouble. Some are simple non cooperation, which the anti commandeering doctrine protects. But others go further and block federal enforcement, refuse to share information required by statute, or shield removable individuals in ways that obstruct federal operations.
The Constitution was designed to end the Articles of Confederation model of states acting like separate nations in matters of national unity and security. Immigration belongs to the federal government. It is a core national responsibility, not a patchwork of state preferences.
States can decide their priorities inside their own proper spheres. They cannot nullify federal immigration law or pretend they control the borders of the United States. The text, the history, and the Supreme Court record are all clear. Immigration is federal. Full stop.
