Undaunted, General Verrilli pressed forward, asserting that "the Framers vested in the national government the authority over immigration because they understood that the way this nation treats citizens of other countries is a vital aspect of our foreign relations."
Scalia had been quick to point out that the Constitution vested interest over 'naturalization' versus 'immigration' asserting the United States has authority to decide whether an alien shall be allowed to become a citizen but that state sovereignty allowed for a state to control its borders.
A key to this exchange is that SCOTUS is focusing words, definitions, meanings and intent to the literal wording of the Constitution and not to Verrilli's extrapolation to 'immigration'.
But both Scalia and Verrilli lost the opportunity to focus on the real word that is at issue, 'illegal immigration'. Even this term 'illegal immigration' has problems.
Obviously, 'immigration' and 'illegal immigration' are not the same. But what is 'immigration' and what is 'illegal immigration'?
Immigration is a process by which a foreign person obtains a license to reside and enjoy the benefits and most rights of living in the US. Illegal immigration is where a person resides in and benefits from living in the US without license.
Illegal immigrants are not immigrants. The word is included in their descriptor because they are usurping privileges of legal immigrants. But in reality they are illegal border crossers.
Looking above again at what Verrilli said:
"the Framers vested in the national government the authority over immigration..."
Even if SCOTUS were to concede Verrilli's argument, this statement has nothing to do with 'illegal immigration' or illegal border crossing. Verrilli is merely expressing the underlying political motive that Obama considers 'illegal aliens' as 'immigrants' or 'immigrants-to-be' and as 'future or already current democrat illegal voters'.
Agreed. They are invaders or trespassers at best.