Securing Borders and Immigration: What the Constitution Says

No nation can survive without secure borders, and yet we’re seeing chaos on both the northern and southern edges of this country. So now what?

Does America still control its own borders? Yea, here I go again with another dumb question… But that’s a question that goes straight to the heart of sovereignty. The Constitution, our founding rule-book, lays out a framework for immigration and border security. Let’s look at what it actually says and what that means for today’s key issues such as birthright citizenship, chain migration, and state versus federal responsibilities.

The Constitution doesn’t explicitly mention immigration in the way we talk about it today, but its principles are clear. Article I, Section 8 gives Congress the power to “establish a uniform Rule of Naturalization.” In other words, it’s up to Congress to determine who gets to become a U.S. citizen and how.

I need to say that “Naturalization” is not the same thing as “immigration”, but the Founders clearly wanted rules in place to make citizenship a deliberate process, not something handed out casually or through loopholes. The 14th Amendment, ratified in 1868, guarantees citizenship to anyone “born or naturalized in the United States.” But does that mean anyone born here? I’ll get to that…

Nowhere does the Constitution say America must accept unlimited immigration or tolerate people breaking the law to enter. In fact, the federal government is tasked with securing the nation’s borders as part of its duty to protect states against invasion, as outlined in Article IV, Section 4. That’s right, securing the border is not just a suggestion. It’s a constitutional mandate.

States’ Rights and Border Security

Ok, brass tacks time! States do have certain powers to act when the federal government fails, as it certainly has for the last 4 years! Article I, Section 10 prohibits states from making treaties or declaring war, but they can engage in defense if they are “actually invaded, or in such imminent Danger as will not admit of delay.” So, to my way of thinking, if thousands of people are flooding across a border, isn’t that an invasion? Some states, like Texas, argue that it is and have started deploying their own resources to secure the border.

This makes perfect sense when Washington shrugs its shoulders and ignores the “invasion”. The 10th Amendment reinforces that any powers not delegated to the federal government are reserved to the states or the people. States have every right to protect their citizens when federal agencies fail to enforce immigration laws. Certainly, simple enough to me! (in case you hadn’t noticed, I tend to be a 30K foot kinda thinker)

Ending Birthright Citizenship

Let’s tackle one of the most abused parts of the Constitution: the 14th Amendment’s birthright citizenship clause. I will state unequivocally that it was never intended as a blanket invitation. The key phrase is “subject to the jurisdiction thereof.” To me, this means that it applies to people who owe allegiance to the United States. When this amendment was written, it was designed to grant citizenship to freed slaves, not anyone who happened to cross the border and pop a baby out. Once again, the “powers that be” playing fast and loose with the text and concepts of the constitution.

Supreme Court rulings like United States v. Wong Kim Ark (1898) expanded birthright citizenship in ways that might not hold up today if challenged. Congress could clarify this by passing laws that define the limits of “jurisdiction.” I need to stress here that this issue isn’t just legal nitpicking, it affects everything from taxpayer-funded benefits to national security.

Stopping Chain Migration

Chain migration undermines the entire concept of merit-based immigration. Through family reunification policies, one person’s entry can lead to dozens more family members gaining entry without regard for their skills or ability to contribute to American society. The Constitution clearly gives Congress authority over immigration laws, and nothing obligates it to prioritize family ties over national interest. Congress can and should revise these laws to focus on immigrants who bring skills and economic benefits to the table. The Founders believed in self-reliance and responsibility—values that align with a merit-based immigration system.

Securing the Northern and Southern Borders

Article IV, Section 4 obligates the federal government to protect states against invasion. While that traditionally meant foreign armies, uncontrolled immigration fits the modern context when we have the numbers of illegal crossing that we’ve had in the last 4 years. The Founders likely never envisioned open borders or governments refusing to enforce immigration laws.

To drive this point home, here are some rather alarming facts from the Homeland Security Committee | Republican.

So far in FY24, 24,376 Chinese nationals have been encountered at the Southwest border, 24,214 of them apprehended illegally crossing the border. Encounters of Chinese nationals in March 2024 increased over 8,000 percent compared to March 2021, and have surpassed all of last fiscal year––just six months into FY24. March also marked a historic high for encounters along the busiest sector of the northern border, the Swanton Sector, which saw a nearly 50-percent increase compared to the previous March, and more than a 2,000-percent increase compared to March of FY21. More than 1,000 Chinese nationals have crossed the northern border every month for the past five months.

Can anyone say, after reading that last paragraph that we are not being invaded? Specifically, by the Chinese as they are a known adversary of the United States! Can anyone honestly say that this isn’t on purpose, IOW Biden is letting this happen? Do the Chinese have something on him and/or his family? If you really want to have your hair curled, have a look at the monthly Startling Stats from HSR.

Congress has the power to allocate resources for border enforcement, build physical barriers, and deploy technology. Presidents, as commanders-in-chief, can direct military assets to help. States, under their police powers, can enforce laws against trespassing, human trafficking, and drug smuggling when federal agencies won’t step up.

The Constitution is clear: America’s borders are meant to be secure, and that’s the responsibility of both federal and state governments, though mainly that of the federal government.

What We Must Do

America doesn’t need, nor should it have, open borders. It needs secure borders, fair laws, and immigration policies that serve citizens, not globalist fantasies. Here’s what we can do:

1. Clarify Birthright Citizenship: Congress should pass laws or propose amendments defining who is “subject to the jurisdiction” of the United States.

2. Stop Chain Migration: Shift to a merit-based system that prioritizes skills and contributions over distant family connections.

3. Empower States: Support state-led initiatives to secure borders when the federal government refuses to act.

4. Demand Accountability: Hold elected officials accountable for upholding their constitutional duties to protect and defend this nation.

The Constitution is not a set of suggestions, it’s the supreme law of the land. When it comes to immigration and border security, it’s time to enforce it, not ignore it.

Just Sayin…

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