what part of Illegal do people not get?

People are still talking about the Arizona law directing police to investigate persons that they believe might be in the country illegally. There are many articles discussing this, including one from Time on April 26, 2010. From what I can tell from reading peoples' comments and media polls, Americans are very supportive of the stance that Arizona is taking. I know I am.

The argument most used by opponents is that Arizona (and any other state) has no standing to enforce federal laws on immigration, based on the contents of the constitution of the united states, specifically Article 1 section 8, fourth clause "To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;". Section 8 enumerates the powers of congress.

I would posit that the opponents of the Arizona legislation are wrong for the simple reason that the Arizona law does not seek to establish any rules setting who can and can't immigrate and become citizens. The Arizona law establishes a directive to Arizona law enforcement officers and other Arizona officials empowering them to investigate a suspect's legal right to be in the united states (and thus Arizona). Congress has established the rules of entry into the nation; those rules include the possession of a passport/visa or permanent resident card (green card). Only the federal government can issue or rescind visas or green cards. If you are in violation of the rules, you can't be here.

Since the Arizona law makes no attempt to authorize anyone in Arizona to issue or rescind visas or green cards, it is in not in any way in conflict with the national laws. What it does is, using the proper power of the states, authoriz law enforcement to detain people and render them to the federal authorities if they are in the state illegally.

Obviously, this is a contentious matter for many. I think people often fail to understand just what illegal means in any context, and specifically in the context of "illegal aliens". Illegal means to "not be in accord with the law". Congress determined what it takes to be in accord with the law. Arizona is just authorizing their sworn officers to execute the law. As far as I can tell, there is no prohibition to the states on enforcing laws.

In fact, when officials are sworn in to their office, even at the city level (here in Corinth), the official is required to take an oath to support and defend the constitution of the US as well as the state and (in our case) the city charter.