Critics of state and local government action on immigration fail to keep in mind one simple but critical point: The states have these rights.
It is preposterous to take the position that, short of federal action or the commission of a crime, governors and mayors are constitutionally powerless to deal with illegal immigrants within their states and cities. The argument that state and local governments must incur enormous fiscal and societal costs, asserting that all aspects of immigration (legal or illegal) are entirely the purview of the federal government, is constitutionally suspect.
The Ninth and Tenth Amendments firmly established the federalist system of government by first stating that the rights contained in the Bill of Rights should “not be construed to deny or disparage others retained by the people” and adding the corollary limiting provision that “powers not delegated to the United States by the Constitution…are reserved to the States respectively, or to the people.”...[Full Article]