Biden’s Border Crisis and its Effect on American Communities

Testimony before the Subcommittee on National Security, the Border, and Foreign Affairs of the Committee on Oversight and Accountability and the Subcommittee on Crime and Federal Government Surveillance of the Committee on the Judiciary, United States House of Representatives

By Andrew R. Arthur on August 8, 2023

Chairman Grothman, Ranking Member Garcia, Chairman Biggs, Ranking Member Jackson-Lee, and members of the subcommittees, thank you for inviting me here today to discuss our nation’s ongoing border crisis and its impacts on America’s communities

Key to understanding how border security is supposed to work is appreciating where the immigration authority in this country rests.

Article I, sec. 8 of the U.S. Constitution states, in pertinent part: “The Congress shall have Power ... [t]o establish an uniform Rule of Naturalization [and] [t]o make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers”.

“Naturalization” is the process by which a foreign national in the United States — defined as an “alien” in section 101(a)(3) of the INA — becomes a “citizen” (as defined by reference therein and in section 101(a)(22) of the INA ). Inherent in and essential to Congress’ constitutional authority “to establish a uniform Rule of Naturalization”, therefore, is its power to regulate immigration. . . .

Read the full testimony