Lincoln Land Community Partners

Misconception: The Federal Government Has Complete Control Over Immigration

The Constitution grants Congress the exclusive power to determine the rules for citizenship in the United States:

“To establish a uniform Rule of Naturalization…” — Article I, Section 8, Clause 4

But not all residents are citizens. Citizenship is a specific legal status. People may live in the U.S. as:

* Permanent residents (green card holders),
* Foreign nationals,
* U.S. national
* Asylum seekers,
* Temporary workers,
* Or members of a tribe.

Tribal nations, for example, have a government-to-government relationship with the U.S. They define their own membership criteria, which is entirely separate from U.S. citizenship.

Similarly, states retain certain powers when it comes to immigration; and the people retain powers when it comes to migration—meaning the lawful movement and residence of individuals within a region. While states cannot confer national citizenship, they do have by the reservation of power to:

* Permit residency
* Grant access to public services,
* Allow for voting in state or local elections,
* Issue temporary work permits under state-managed programs.

In short, while Congress controls naturalization, states have a legitimate role in shaping their internal social fabric through residency and access policies.

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