Does Congress have jurisdiction over illegal aliens in the USA or power to make laws concerning same?

Question

Thomas Jefferson forcibly tells us what the States retained under the US Constitution in regards to immigration:

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 to the states, are reserved, to the states, respectively, or to the people," the act of the Congress of the United States, passed the 22d day of June, 1798, entitled "An Act concerning Aliens," which assumes power over alien friends not delegated by the Constitution, is not law, but is altogether void and of no force.
http://federalistblog.us/2006/07/delegated_powers_immigration.html

http://idexer.com/index.php?do=headlines
http://www.illegalaliens.us/
http://www.vdare.com/mann/faq.htm
http://www.youtube.com/watch?v=UBONmdeRvpM&mode=related&search
http://www.usillegalaliens.com/

Answer 1

Read it more carefully.
Aliens under jurisdiction AND protection of the laws of the STATE they are in. Means the state laws govern them, not congress. Nor can congress prohibit the states from doing so. UNLIKE congress' power over U.S. citizens.
it means that any law created by congress assuming power over aliens that hasn't been given to congress by the constitution is void and unenforceable.

Answer 2

What level of government has control/authority over what is found in the Constitution and of course any conflicts over jurisdiction eventually are usually resolved by the Supreme Court.

In respect to immigration (as so many other subjects) ,there is cross jurisdictional control/authority.

The Feds have authority/control over national secuity etc and it is this lever that is legally used allowing the Feds to have substantial control over what on the surface appears to be an issue soley within the states' jurisdiction

As I wrote,there are many issues like this and the reverse happens as well, i.e. States will use a specific lever to grab at least partial control over something that on the surface appears to be only a Federal jurisdiction.

Answer 3

The Supreme Court's interpretation of the 14th Amendment in Phyler v Doe stated that illegal immigrants are "within the jurisdiction" of the states in which they reside, and added in a footnote that "no plausible distinction with respect to Fourteenth Amendment 'jurisdiction' can be drawn between resident aliens whose entry into the United States was lawful, and resident aliens whose entry was unlawful."
It seems to me that the states which are passing laws re:illegals should be able to use Phyler v Doe to support their laws. The SC ruled the illegals are just as much under a states jurisdiction as anyone else.
Pro-illegals use the 14th Amendment to justify anchor babies, although the amendment's intent was to grant citizenship to freed slaves and their descendents. The SC rulings following the 14th Amendment involved children of persons legally in the US, not illegal aliens. Under the 14th Amendment, the following persons born in the United States are explicitly citizens:
Children born to US citizens;
Children born to aliens who are lawfully inside the United States (resident or visitor), with the intention of amicably interacting with its people and obeying its laws.
Plyler v Doe did not explicitly address the question of children born in the United States to illegal aliens or other non-citizens. I think it's time a case went to the SC challenging anchor baby laws, instead of illegals screaming for rights they forfeit by entering illegally instead of legally like true immigrants.

Answer 4

The date was over 200 years ago. The Congress can vote for laws. The President has to sign bills from congress to make them become laws. The President and his Administration are responsible for enforcing laws that have been enacted.
The people in Congress just walk away after their bills are passed. When the laws don't work, they blame the President.

Answer 5

If the Federal government doesn't have power over them you are saying that states do? If that's so I think each state should be in charge of finding and deporting these illegal aliens.

Answer 6

A lot has changed in 200 years. You need an update.

Interested?

Answer 7

Jefferson wasn't talking about illegal aliens, he was talking about men from outer space.

They come in peace!