According to the 14th Amendment, "all persons, born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." This is the most contentious amendment regarding undocumented immigrants even though it does not specifically mention immigrants. Those opposed to illegal immigrants obtaining citizenship argue that the amendment does not guarantee citizenship to illegal immigrants and their children. Bills are being proposed to change the constitution so it is clear that children of illegal parents cannot be citizens. Proponents argue that children born from illegal immigrants are citizens.
The 10th Amendment states that: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." This amendment is used to interpret the responsibility of federal and state governments in dealing with immigration. Those against illegal immigration argue that states have power over the federal government to create their own laws to regulate undocumented immigrants.
Article 1, Section 8 is an extension of the 10th Amendment. It establishes the role of the Congress and the state legislatures on issue of immigration and naturalization. According to the article, Congress has the power to create rules for naturalization to prevent states from granting citizenship to aliens who are not eligible. This also provides the state with the power to admit or refuse illegal aliens within its boarders. This delineation of power ensures that Congress deals with naturalization issues and the state legislatures deal with immigrants within state boarders.
The 4th Amendment forbids unreasonable search and seizure. It states that: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Although debatable, this amendment is also applicable to undocumented immigrants who are often the subject of searches and seizures.
Various states are passing their own laws to regulate undocumented immigration. By 2009 approximately 1,400 immigration-related bills were introduced to state legislatures. More than 200 of these bills were adopted as law. In Arizona, the SB 1070 calls for police officers to carry out routine stops and verify people's immigration status. In Utah, recent immigration laws allow undocumented immigrants to work in the state but require police to carry routine searches on immigrants. In Florida, an immigration bill would require all employed immigrants to go through the federal citizenship and immigration registry, E-Verify.