Because immigration is the venue of Congress
Posted on: January 5, 2017 at 15:50:35 CT
Spanky KU
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Throughout the history of the United States the Supreme Court has upheld all manner of federal statutes regulating immigration. By contrast, Supreme Court decisions preclude states from passing legislation that directly impinges on this area of federal dominion. The Supreme Court’s basis for action is clear when the area regulated is naturalization.
Article 1, § 8, clause 4, of the United States Constitution specifically grants Congress the power to establish a "uniform Rule of Naturalization." By expressly allocating this power to Congress, the Constitution prevents the confusion that would result if individual states could bestow citizenship.
Supreme Court decisions (like Gonzales v. Raich) have held that Congress has the authority to regulate virtually any “economic activity” and that it has “plenary” power to restrict immigration. And by regulating immigration, can regulate by default that only citizens legal immigrants can be employed, since only citizens and legal residents can be in the US.