Immigration The Constitution never mentions immigration, so how is it that the rules for immigrants, and quotas from countries, are set by the federal government and not by the state governments? After all, as the
10th Amendment states, are the powers not delegated to the United States held by the states, or the people?
The Supreme Court has ruled that the Congressional power to regulate naturalization, in
Article 1, Section 8, includes the power to regulate immigration (see, for example,
Hampton v. Mow Sun Wong, 426 U.S. 88 [1976]). It would not make sense to allow Congress to pass laws to determine how an immigrant becomes a naturalized resident if the Congress cannot determine how that immigrant can come into the country in the first place.
There is also an argument that immigration is an implied power of any sovereign nation, and as such, the federal government has the power to regulate immigration because the United States is a sovereign nation. While it is true that the United States is a sovereign nation, and it may be true that all sovereign nations have some powers inherent in that status, it is not necessary to determine if immigration is such a power that does not even require constitutional mention, because the Naturalization Clause handles the power.