Undocumented Immigrants: A Case Study In Constitutional Misinformation

They're the most vilified group in America right now: undocumented immigrants. So here's what the Constitution actually says. And spoiler alert: most of what you've heard is a lie.

Welcome back to our crash course in the U.S. Constitution — everything you need to know to better debate those aunts and uncles of yours on Facebook, without the law school price or the weird professors. Each issue tackles a different big idea that’s shaped American life: free speech, due process, equal protection, search and seizure, etc. Expect real-world examples, understandable explanations, and the occasional lawyer joke (now you’ve been warned, so you can’t be upset). Whether you're a news junkie, a student, or just someone who wants to finally understand what “strict scrutiny” actually means, you’ll leave each issue a little smarter — and way more equipped to fight mistruths. The law was meant to be understood by the people. This series is here to prove it.

Today’s issue: Undocumented Immigrants: A Case Study In Constitutional Misinformation

✅ NOTE: Surprise, surprise. We’re yet again calling an audible on topic selection today. But how can we not? As we enter a pivotal weekend in American history on the heels of one of the most tense and polarizing weeks in decades, it’s more important now than ever that we look at the hot topic of the year: undocumented immigrants. With all of the misinformation and unfounded claims flying around, it’s easy to find yourself asking right now: what the hell is the actual truth? Today, your answer: their constitutional rights, their constitutional faults, the discrepancies between federal and state authority, and why American livelihood (for all of us) likely relies on the very group so many Americans are vilifying right now.

Previous Issue: Sanctuary Cities: What Does the Constitution Actually Say? (available here)

Next Issue: (Maybe? We’ll see what constitutional crisis emerges by 8 PM tomorrow night) Silent Supremes: The Cases SCOTUS Refused to Hear and Why That Matters

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NOTE TO PAID SUBSCRIBERS:

💡As always, paid subscribers can find the embedded audio voiceover below the “Part 1” header of this issue.

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ConLaw Lesson #40: Undocumented Immigrants: A Case Study In Constitutional Misinformation

If you’ve ever tried to sneak a toddler a second bedtime snack after they've already brushed their teeth, you know the pain of watching someone break a rule you kinda agree with. Now imagine that — but with federal law, the Constitution, and a raging national identity crisis. And, of course, a rule that’s infinitely more important and consequential than whether your 3-year-old gets an extra cheese stick.

If you’ve paid any attention to the news since, I don’t know, maybe September of last year, then you know there haven’t been many subjects more covered than immigration. Specifically, undocumented immigrants — a group often discussed, rarely understood, and almost always oversimplified in media soundbites.

The truth about immigration is much more complicated — and, yet, in many ways, much more simplistic. Because undocumented immigrants get far more legal protections than this administration has led you to believe — and is far more important to our economy, healthcare, legal system, workforce, and community stabilization than really anyone will tell you.

So today, let’s talk about the most vilified group in culture right now: undocumented immigrants. What the Constitution actually says, what rights they have and don’t have, which immigration powers the federal and state governments are in constant tension over, and why, without undocumented im

migrants, modern American society will almost certainly crumble.

To be clear — no, that is not an exaggeration. There’s a reason Trump started inexplicably walking back his anti-immigrant status yesterday with words about how “we need them.”

And the ones hit the hardest, aside from immigrants themselves, will be the very groups pushing for their extinction.

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🏛️ Part 1: “Illegal Immigration” and the Constitution

(Full audio narration by me, as well as the full text, available for paid subscribers. These lessons take hours to put together, so we’d love to have you on the journey.)