by Tom Stilp JD, MBA/MM, LLM, MSC, DBA, March 21st, 2025
Illinois circuit court Judge Ron Spears recently wrote about the power of the government to regulate naturalization and immigration. This In the Loop edition will share Judge Spears’ historic account and our brief analysis of the law.
From the founding of the US in 1776 to the time of Lincoln’s death in 1865, the US population had grown from two (2) million to over 30 million (Spears, 2025). US population grew primarily as the result of immigration.
The US Constitution refers to “naturalization,” but does not mention “immigration” (US Const. Art. I, §8). Early on, the power of the federal government, therefore, was limited. Subject to economic limitations, people could come and go freely, and later seek citizenship through the process of naturalization.
“Naturalization” refers to the process by which non-citizens become U.S. citizens. Article I, Section 8 of the U.S. Constitution allows Congress to establish uniform rules for naturalization. The federal government’s authority over naturalization is relatively straightforward, as it establishes eligibility criteria, residency requirements, and the process for obtaining citizenship. Over time, Congress has passed various laws to regulate naturalization, such as the Naturalization Act of 1790 and the Immigration and Nationality Act of 1952. These laws set standards for who may become a citizen, including requirements related to good moral character, knowledge of U.S. history and government, and allegiance to the Constitution.
In contrast, “immigration”—referring to the movement of people into the country—is not explicitly addressed in the Constitution but has been interpreted by courts as an inherent federal power necessary for national sovereignty and security. The federal government controls entry into the country through laws governing visas, refugee status, and deportation. Key legislation, such as the Immigration Act of 1924, has shaped how the U.S. determines who may enter and remain in the country.
In 1863, Lincoln encouraged Congress to pass legislation supporting immigration. Lincoln saw immigration as a means to grow America, a country which was recognized as the best hope on earth in the experiment of self-government.
