Understanding the Constitution: How States May Respond to Illegal Immigration, Part I

This series summarizes state powers over immigration and military force—and particularly the power to respond to illegal border crossings.

More than 1,000 illegal immigrants wait in line to be processed by U.S. Border Patrol agents after crossing the Rio Grande from Mexico in Eagle Pass, Texas, on Dec. 18, 2023. John Moore/Getty Images

Commentary

As unauthorized foreigners continue to flood across the southern border, state officials continue to cast about for solutions. In normal times, the federal government would remedy the problem. But these are not normal times: The administration of President Joe Biden actually seems to be aiding the influx.