The big problem is that, regardless of PC interpretations of the Constitution’s Uniform Rule of Naturalization Clause, interpretations used to defend federal immigration laws, the states have never delegated to the feds, expressly via the Constitution, the specific power to regulate immigration. This is evidenced by the following excerpt from Thomas Jefferson’s writings which indicates that immigration is a 10th Amendment-protected state power issue.
“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.
What Obama is looking at right now is that he actually has no broken federal immigration laws to pardon since all federal immigration laws are constitutionally indefensible anyway. So Obama must first work with Congress to propose an immigration amendment to the Constitution to the states. And if the states choose to ratify Obama’s amendment then he will not only be a hero, but he be able to pardon people who have broken federal immigration laws which will actually be legitimate.
H O W E V E R …
Regardless that we will soon have a Republican RINO-controlled Congress, I’m not expecting RINOs to put pressure on Obama to do the right thing concerning illegal immigration. This is because the 10th Amendment is probably the best kept secret in DC.