Since this judge is referencing the 10th amendment, doesn't he know that the 10th amendment "prohibits federal interference with state powers" not enumerated in the Constitution as delegated to the federal government. Making the rules of immigration and naturalization is one those powers explicitly enumerated in Article I Section 8 as being delegated to Congress.
This judge is wrong.
-PJ
The issue addressed by this thread is a tangle of conflicting, politically correct interpretations of the Constitution imo, both federal and state governments violating the Constitution in one way or another on immigration and tangent issues. So I intended for my uncharacteristically brief post to give just one example of unconstitutional federal interference in state sovereignty in the name of supporting Pres. Trump in draining the federal swamp.
And speaking of various interpretations of the Constitution, let's consider yours on this issue.
"Making the rules of immigration and naturalization is one those powers explicitly enumerated [??? emphases added] in Article I Section 8 as being delegated to Congress."
If I understand you correctly, Article I, Section 8, Clause 4 (1.8.4) does not include the word immigration.
"Article I, Section 8, Clause 4: To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;"
Is the absence of the word "immigration" in the actual clause significant? Previous generations of state sovereignty-respecting Supreme Court justices have generalized such questions with a yes.
"From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphases added]." United States v. Butler, 1936.
But more importantly, let's consider the intentions of the drafters of the Constitution, James Madison having been one of them. Please consider the following from 1.8.4-related threads.
Note that regardless that the Constitutions Uniform Rule of Naturalization Clause is sometimes used to justify federal immigration laws, consider that Thomas Jefferson and James Madison, Madison generally regarded as the father of the Constitution, had clarified, in terms of the 10th Amendment (10A) nonetheless, that the states have never expressly constitutionally delegated to the feds the specific power to regulate immigration. This is evidenced by the excerpts below.
Here is the relevant excerpt from Jeffersons writings.
4. _Resolved_, That alien friends are under the jurisdiction and protection of the laws of the State wherein they are: that no power over them has been delegated to the United States, nor prohibited to the individual States, distinct from their power over citizens. And it being true as a general principle, and one of the amendments to the Constitution having also declared, that the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people, the act of the Congress of the United States, passed on the - day of July, 1798, intituled An Act concerning aliens, which assumes powers over alien friends, not delegated by the Constitution, is not law, but is altogether void, and of no force [emphasis added]. Thomas Jefferson, Draft of the Kentucky Resolutions - October 1798.
Here is the related excerpt from Madison's writings from the Virginia Resolutions.
"That the General Assembly doth particularly protest against the palpable and alarming infractions of the Constitution, in the two late cases of the Alien and Sedition Acts" passed at the last session of Congress; the first of which exercises a power no where delegated to the federal government, .... . .
. . . the General Assembly doth solemenly appeal to the like dispositions of the other states, in confidence that they will concur with this commonwealth in declaring, as it does hereby declare, that the acts aforesaid, are unconstitutional; and that the necessary and proper measures will be taken by each, for co-operating with this state, in maintaining the Authorities, Rights, and Liberties, referred to the States respectively, or to the people [emphasis added]. James Madison, Draft of the Virginia Resolutions - December 1798.