Broken Immigration System: The Real Problem

In Texas during the spring of 2014 the number of illegal immigrants that crossed the Texas border exceeded 10,000 per month. Now living in Victoria, Texas with relative close proximity to the border I’m personality concerned with the way that this immigration system is headed. The reality is that there are thousands of illegals pouring across our borders every day and the reason for this is due to the jelly backbone of our legislative branch. Before our nation’s elected leaders ever make a deceive decision on how to handle immigration it is important to first restructure and fortify the crumbling foundation upon which created America.

To establish some foundation before this essay targets immigration reform directly it’s crucial to step back and understand how our government is set up to see the clear foundational problems that face our immigration system. It’s important to establish first in this paragraph the true intend of the founding fathers, so that those in power can make wise decisions while upholding our freedoms and taking the appropriate measures to reform the immigration system.  The United States has a history from the beginning of, “We the People”, establishing our own government on the principle of Checks and Balances where the legislative branch makes the laws. For example, Article I of the Constitution states that, “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”  Even though the Constitution clearly states that the law making powers is delegated to the Legislative Branch there has been a clear reversal in the “nondelegation doctrine”. The “nondelegation doctrine” principle prevents Congress from delegating its legislative authority to the Executive Branch. This founding principle has not only been a cornerstone in building this nation’s Constitution like in John Locke’s, “Second Treatise of Civil Government”, of 1690 where he stated that, “nor can the people be bound by any Laws but such as are Enacted by those, whom they have Chosen, and Authorised to make Laws for them” (According to the Constitution the Legislative Branch is the one “Authorised to make the Laws”). Furthermore, this principle can be seen in the U.S.’s Supreme Court History as it was upheld in 1892 when the Supreme Court concluded in Marshall Field & Co. v. Clark, 143 U.S. 649 (1892) “That Congress cannot delegate legislative power to the President is a principle universally recognized as vital to the integrity and maintenance of the system of government ordained by the constitution.”  However as the Progressive Era and Great Depression influenced our legislative branch, this resulted in eroding the legislative branch’s hold on the law making power. Congress had the right intention in trying to fix the American economy, but at the expense of the wrong method ending in giving the President more legislative power. This power given to FDR can be seen in the National Industry Recovery Act, which by the way was upheld in the Supreme Court as unconstitutional because of the delegation of legislative power to Executive branch in Panama Refining Co. v. Ryan, 293 U.S. 388 (1935).

Furthermore, not only has our founding documents proven the correct order in which our government is supposed to be run, but history itself has also proven that over time there has been a transcending process away from the original intend of our Founding Fathers and what this country was established on. Transcending away from the nondelegation doctrine can be seen today in our broken immigration system.  Article I, Section 8 of the Constitution gives power to the Congress to regulate immigration. Congress, however, being enabled to make a law regarding the regulation of immigration has forfeited its constitutional right by giving it up to the Executive branch due to inaction. Every Congress representative knows the direness that our broken immigration system processes. For instance, in early 2016 a refugee from Iraq was arrested in Texas for plotting to utilize explosives at the Galleria Mall in Houston, Texas. Even though the threat to American security is real, congress just sits idly by and does nothing. This paralysis of Congress enables the Executive Branch to override its constitutional boundaries and take over immigration. The President according to Article II, Section 3 of the constitution is authorized to “take care that the laws be faithfully executed.” But this, as seen in the Obama Administration, acts kingly like on November 20, 2014 when Obama made an executive order to give legal status, work permits, and other benefits to five million immigrants in the United States illegally. This is totally unconstitutional as Congress should be the one making the immigration laws, but because they don’t act our broken immigration system remains and the President takes this chance to get more power than allowed by the constitution. To really fix our immigration system renew the nondelegation doctrine where Congress represents “We the People” by not only hearing what we have to say, but also listening to the present dangers that are not only destined to happen in the future but are hurting our national security, and prosperous potential growth of our nation’s economy today.

In summation, immigration reform can only effectively happen when the rightful roles of our elected officials are engaged. Not only should America concentrate on the broken immigration system but also more importantly on the broken foundation of our Congress idly sitting on their hands, and a President that takes advantage of this idleness by extending his hand further than it should reach. We are concentrating upon fixing the cracks in the wall by filling in and painting over them, instead of redirecting our focus as a nation upon the shifting foundation that is causing the cracks in our wall. The foundation of our nation is the Constitution, and one of the crumbling walls is the immigration system. Yes, the immigration system needs to be strengthened, but let us not forget the real issues at hand that are causing problems in our immigration system.






Works Cited

Abbott, Greg. Broken but Unbowed: The Fight to Fix a Broken America. N.p.: n.p., n.d. Print.

“The Constitution of the United States: A Transcription.” National Archives and Records Administration. National Archives and Records Administration, n.d. Web. 23 June 2016.