the following is a cnn special report. white people just won't do the job anymore. >> they are needed. >> we don't have the workers to produce the food here. >> in the places -- >> this is home to congressman steve king. >> and by the people. >> who fear them the most. tonight, exploring the

undocumented lives in the shadows of america. >> on mother's day she wasn't there. >> we asked tough questions. >> if a couple migrant workers go in there to have a beer, what would happen? >> it's not good. >> and speaking with those risking it all. >> they're bringing drugs, bringing crime. >> for everyone who is a valedictorian, another one weighs 130 pounds and has calves the size of cantaloupes because they are hauling marijuana across the desert. >> i wonder if anybody ever questions that.

>> are there many americans who do the work you're doing? >> undocumented immigrants who are doing the work you're doing? do your bosses know that you're undocumented? >> they don't care? >> stories about what it was like early in their marriage and how they had this goal of raising this farm.

and these crops and producing beef cattle and raising their family there, reminding me, she said, that this is not an occupation. this is a lifestyle when you farm. she said that goal has changed so much now just in these past years. she said our hope right now is to break even. finally, lisa ended by shrugging her shoulders and saying, well, no one ever said this was going to be easy. >> what is this area like? >> it's a small town that cares about each other, the community, the greater area. >> what's it like to be a farmer these days? >> i have seen people struggling, but it's not like they can go out and get another job. this is their lifestyle. i think some people are not

quite aware of how bad it is right now. so today ted is coming. he is the only one in the united states that is a mental health worker for the ag industry. >> farming is an incredibly stressful occupation. why do people farm? is it just because they're crazy? or are there other reasons? how worried are you about the farmers this particular year? >> very, very worried. dairy in particular is really bad where we lost ten percent of all dairies in minnesota last year. it's predicted they will lose another ten percent this year. >> do you ever deal with undocumented workers? >> i have. when i talk to farmers that hire them, they honestly believe that they couldn't farm without them,

that they would lose their farm without them. >> so we're in a town called worthington, minnesota. it's a small town in the southwest corner of the state. and we're on our way to st. mary's catholic church which is kind of a sanctuary church for many latino immigrants here in this community. there is the church right over here. >> worthington is a community of 13,000 people. within the community of 13,000 people, the largest community would be the latino community. one of the things that i think is important to remember is the majority of our people living here are undocumented.

>> you've made st. mary's a sanctuary church. >> it was a week after the election of president trump. you can feel the fear within the community. >> and that hasn't changed? >> no. we had mental health issues, people were suffering from depression. we have a rise in alcoholism, drug addiction, abuse and domestic violence. and it's all as a result of what's taking place within our country. >> there are some people out there who probably think the undocumented migrants are getting a free ride here. >> they're not getting a free ride. i talked with one farmer who told me he would rather have a group of immigrants because you know when you hire them they are going to do their job. >> so this is worthington, downtown worthington here.

this is one of those latin grocery stores right next to this mexican restaurant. i spoke to the owner yesterday. told me they got here almost 30 years ago. all these signs are pretty fascinating. these are postings for ranches and farms in the area looking for workers. it's all in spanish. this sign says they need people to work with chickens. what do you say to those people who say these undocumented immigrants in places like worthington, they need to round them up and get them out of here. what would that do to a place like worthington? >> if all the immigrants were to leave tomorrow this town would die. >> what percentage of the farms and agricultural businesses, what percentage of the undocumented workforce do they depend on? >> i would say probably 90%.

>> that's an astounding number. >> it is. we are on our way to meet with a dairy farmer here in the state of minnesota. we're not really sure what it is we're going to get. he has agreed to meet with us. he's grappling with how much he wants to share about the realities and how the farming and ranching industry really works. let's see what happens. good morning. how are you? >> i'm good. >> we have a dairy farm here with 800 cows, about 15 employees. and i have been in the business for 40 years. if you had asked me when i first started farming that this is where i would be, i would have said you're crazy. the topic is hard to talk about right. >> yes, it is. it's hard for any dairy farmer or farmer in general to talk

about the united states. when we say that we're in dire need of more people to help us do the work, and we talk about them being immigrants, not a lot of people want to hear that. if we don't have the workers to produce the food here in the united states, the food is going to be produced somewhere else. the reality is much of this workforce on these farms is made up of undocumented immigrants. >> you can go and google this. it's not a secret that 50% to 70% of farm workers in the united states are undocumented. there just aren't the people out there that are willing to come and do the farmwork. >> i know this is a delicate question. do you know how many undocumented immigrants you have working for you right now? >> here's what i will say. we do the best that we can here to make sure we are legal and in

compliance. in general, the visa system doesn't work. we have what's called an h 2 a visa which is for temporary farmwork. so it works for the fruit and vegetable sector of agriculture, but it doesn't work for the year round part of agriculture. so for dairy, which is a seven day a week, 365-day a year job, to bring a person in on an h 2 a visa, it doesn't work. coming up, signs of hostility in rural minnesota. >> so if a couple migrant workers go in there to have a beer, what would happen? >> it's not good. >> how they live in iowa. and who they work for in new

jersey and new york. >> i'm really, really scared when he ran for president, because i know him. ♪ (male announcer) for the love of mud, gravel, and trail dust. for the love of hunting, fishing, and working the land. introducing tracker off-road vehicles. designed and built on american soil to kick up american soil. like the tracker 800sx side-by-side starting at the nationally advertised price of only $10999 plus freight. tracker off road. built for love of country. ♪ as your life grows, so do your needs. ♪ and with bank of america and merrill, the benefits you get can grow, too. as a preferred rewards member, you can enjoy priority service and exclusive discounts...

so your growing life can be more rewarding, too. ♪ what would you like the power to do? ♪ what would you like the power to do? i get to select my room from the floor plan... when i book at hilton.com free wi-fi... ...and the price match guarantee. so with hilton there is no catch. yeah the only catch is i'm never leaving. no i'm serious, i live here now. book at hilton.com and get the hilton price match guarantee. ♪

♪ let's go! ♪

[happy ♪irthday music] ♪ don't get mad, put those years to work with e*trade. i'm from a small tribe both in ethiopia and south sudan. >> i know a lot about my mom's mom. she is very norwegian. >> my ancestors come from germany, the netherlands and denmark. >> i'm nancy. my grandparents came from sweden and norway. >> if you want to get to know your neighbors, you have to invite them to your house. >> we have a group we started. >> father jim callahan says most of worthington, minnesota's farm workers are undocumented.

>> we bring people from the community and an immigrant together and they share their story. >> i am from guatemala. >> these are undocumented immigrants? >> yes, undocumented immigrants. >> the milk you produce here, where does it end up? >> at a cheese plant. a lot och it is made into parmesan cheese and some of the

protein consen treats people eat and drink in your high protein shakes that you have. >> finding workers who don't quit after one day of grueling work is the hardest part of life on the farm these days. how do you find people to come work for you? >> recently, i needed to replace a worker, but i went on indeed and craig's list then facebook. and i had about 20 to 25 people apply. i started to interview. and the first one i interviewed, i hired her. she was a no show. then i tried another person, and same problem. then i hired another person, worked for four hours and said this is not what i want to do. and then i hired another person,

an able bodied, locall born and bred young man. >> you're being nice when you say locally bred, native born, you're talking about white workers. >> you said that. nice young man. worked eight hours and said this work's too hard for me. i just can't do this. and then i hired another person who actually had a farm background, but just couldn't get the job done. there i was five individuals and i just didn't have a spot filled. >> so when people hear the phrase that immigrants are doing the work that native-born people don't want to do, you've seen it and experienced it first hand. >> this wasn't the first time that i have gone through this scenario. >> he worked 120 hours every two weeks. he pays about $300 in taxes.

>> you're not shocked by when you hear of stories who aren't paid overtime, people who work 140 hours for a straight salary job? i would imagine that troubles you. >> it does trouble me. it's not something that should be done. part of it is because we don't have enough people here to do the work. and so too much is expected of certain individuals. i would hope that we can fix that by having an adequate

workforce to enforce the rules that we have. >> without the undocumented migrants working at the ranch where he works that the farm would stop working. it would have to stop raising p pigs. they get covered in urine and pig waste. it smells rather awful in the areas where he works. there are a lot of americans who don't want to see oouundocument immigrants like yourself in the united states. what do you say to them? >> do you feel like a lot of those immigrants are forced to live in the shadow snz. >> yes, yeah. and there is racial profiling no matter where you're at.

especially in rural communities that aren't used to the people of a different color moving to town. where i live was pretty white. >> he says where he used to live, he had a neighbor who would yell and scream at them and try to get them to move away from the neighborhood that they lived in. what did they yell at you? >> around here i see a lot of name calling. i see a lot of racism. >> a lot has changed where you see places that were mostly all white and now it is many small communities. >> it's confusing to a lot of people especially more so the non-farm people it's confusing. what are they all doing here. they don't know. >> it's time for your check of your weather. here's your local three-day

forecast. >> what kind of town are we in? >> a small farming community. population about 3,600, give or take a few. >> and the police chief here started here in july of 1989. >> you have seen the evolution of this town. >> seen the changes, yes. >> a few decades ago undocumented immigrants started hearing there was work to be had in long prairie, minnesota. >> this is one of the biggest employers in town. >> yes. >> they built this new here. when i started here, everybody employed there was white. now that's not the case anymore. >> people don't like change, but change is going to happen. >> not everyone is rolling out the welcome mat. >> we noticed a bar downtown with a guy with a sign that said stop the invasion. what do you make of that guy?

>> i don't know. no comment. he doesn't like me, either. >> do you worry about what that says about the city? >> that sign has been up there for i don't know how long. i think nobody pays attention to it anymore. >> the mayor didn't want to pay attention to it as we walked past the irish bar. >> i guess this is what we were talking about. >> a little bit. >> you didn't want to spend too much time there? you warned us about it. if a couple migrant workers go in there to have a beer, what would happen? >> it's not good. >> really? >> there is a bar that has a sign that says stop the invasion. how do you react to that? >> i am appalled. >> do you see a connection between that sign in the window and the reason why maybe nothing has changed when it comes to immigration laws? >> i do.

it's the vocal minority. >> coming up -- >> iowa republican congressman is under fire. >> we head to northwestern iowa. >> for everyone who is a valedictorian there is another 100 who are hauling 75 pounds of marijuana across the desert. >> to see who keeps congressman steve king's district alive. >> the argument i just wonder if anybody ever questions that. hey, who are you? oh, hey jeff, i'm a car thief... what?! i'm here to steal your car because, well, that's my job. what? what?? what?! (laughing) what?? what?! what?! [crash] what?! haha, it happens. and if you've got cut-rate car insurance, paying for this could feel like getting robbed twice. so get allstate... and be better protected from mayhem... like me. ♪

we carry flowers that signifyn why we want to end the disease. and we walk so that one day, there will be a white flower for alzheimer's first survivor. join the fight at alz.org/walk. ♪ think you need to pay prestige prices for better skin results?

try olay regenerist. the rich, hydrating cream is formulated with vitamin b3 and peptides to plump skin cells, brighten, and visibly smooth wrinkles. in fact, just 1 jar has the hydrating power of 5 jars of the prestige cream. for visible results without prestige prices, try olay regenerist with a money back guarantee. and complete your routine with the olay eye collection. brand power. helping you buy better. mno kidding.rd.

but moving your internet and tv? that's easy. easy?! easy? easy. because now xfinity lets you transfer your service online in just about a minute with a few simple steps. really? really. that was easy. yup. plus, with two-hour appointment windows, it's all on your schedule. awesome. now all you have to do is move...that thing. [ sigh ] introducing an easier way to move with xfinity. it's just another way we're working to make your life simple, easy, awesome. go to xfinity.com/moving to get started.

weerp rr driving through the fourth congressional district of iowa. this is home to steve king, the congressman who has made headlines for years about his anti-immigrant views. >> there is another 100 out there that weigh 130 pounds and have calves the size of cantaloupes because they are hauling 75 pounds of marijuana across the desert. >> i wonder if anyone ever questions that. >> steve king's district here in iowa has 39 counties. in 31 of those counties, the

population has actually decreased. in fact, two counties with the highest percentage of latino population are in steve king's district. the only people really moving into these areas in this part of iowa are latino immigrants, either undocumented or documented. ♪ ♪ >> i am the associate director. we are the host of -- there are

hundreds of people who come to this festival. some estimates range even up to a thousand. the majority are from mexico. we don't know for sure how many people are undocumented. there is definitely a very big portion of the visitors here today. my mom she ended up in this little town and saw there was a lot of latinos. so she decided to open a mexican store. we all were born in mexico. i came to the u.s. when i was 10 years old. >> she says iowa feels like home

to her. it's a place that's very secure, very family oriented. both of the baseball teams playing are from mexico. they all kind of know each other and live here in iowa. this is the second year for this baseball league. who's playing. her husband, her son, nephews. her son just got a double off the outfield wall. what kind of work do you guys do? my husband works in construction.

you're here undocumented. she says speaking publicly and showing her face isn't anything that she's afraid of. field of dreams. you dreamed as a child of living in iowa? >> i wanted those clean streets,

friendly people, green grass everywhere. when i came here, i said this is where i'm staying. this is what i've always wanted. >> as being the only citizen in your family, you've seen your family basically slowly disappear from iowa. >> yeah. >> what's that been like? >> sad. my step dad and my younger brother, they both got deported. the hardest one i think was when my mom got detained and on my birthday she sent me a birthday card. i guess i never talked about that. >> hard to talk about? bh why is that so hard? >> your parents aren't around. her and my step dad were detained. on mother's day she wasn't there. >> three uncles, an aunt, step father. >> brother.

>> and a number of friends. >> yeah. this is my step dad. and he lived here also most of his life just like my mom. these are actually some of the drawings that my step dad would send to me when he was detained for the immigration. this is my brother. he is the youngest. so he is going to be 25. and he came to the u.s. when he was 5. and he got deported about a year ago. he barely knows how to speak spanish, because i guess growing up since i knew how to speak english he didn't think he needed to learn spanish. >> you have had so many family members who have been deported. what does that mean this area has missed out on? >> they worked in the egg packaging plant for many years. my mom's restaurant had to close because no one would cook.

she would post hiring and nobody would apply. >> given everything that steve king has said about immigrants, he was actually born here in this town, storm lake. when we return -- >> i asked him to come. >> the challenge for us is outside entities. so communities around us who don't understand the value of diversity -- >> like your congressman? >> we take an in depth look at the most diverse city in congressman steve king's district. >> there is a job at tyson called the bum cutter. and you want your kid to be -- no. >> you can smell it, too. >> i just say you're smelling money. >> that's because of immigrants? >> solely because of immigrants. [ alarm beeping ] wake up! there's a lot that needs to get done today. small things. big things.

too hard to do alone things. day after day, you need to get it all done. and here to listen and help you through it all is bank of america. with the expertise and know-how you need to reach that blissful state of done-ness. so let's get after it. ♪ everything is all right what would you like the power to do?® ♪ all right

given everything that steve king has said about immigrants, he was actually born here in this town, storm lake. since he was born and left, this city has actually become one of the most diverse places in the entire state of iowa. storm lake is home to a pulletser prize winning

reporter. he has been reporting with his family since 1990. >> it's already on the des moines register. >> he has written a book about the changes. he is quite the character. >> our anglo readers are dying steadily. our new readers are all named jorge, not named john and mary. >> storm lake is home to nearly 15,000 people. just drive down the main street and get a sense of how things have changed. there is a mexican store there and a mexican bakery. this is a place with all of the different flavors and creations that many of these immigrants who have moved here to iowa used to have back home in mexico or central america. anywhere between 500 and 800 times a week someone walks in and pick up this phone. it's essentially a money

transfer to relatives in mexico or central america. over the course of a few days, nearly $15,000 was transferred using these phones in this bakery. you said in your book that while much of rural iowa is emptying out of people and s operations our town is revitalized by immigrants. >> solely by immigrants. most little school districts are in danger of closing. storm lake are trying to figure out where to put all these kids. stacy cole is very active. she just took over as superintendent about a year ago. >> we are about 84% students of color. >> 84%. >> 84%, yes. >> i'm sure most people think is white iowa. >> someone said really? in storm lake iowa? many are migrant students. many are refugees. >> the undocumented immigrants that live in this community now,

are they living in the shadows here? >> yes. the police chief tells me about it. >> this is a mobile home park. >> is this an area where freshly arrived immigrants -- >> yes. >> he came here from east st. louis. >> you can view a variety of national studies, nonpartisan, bipartisan studies that put out data that say immigrants can make crime at a lower rate than native born americans and undocumented immigrants commit crimes at a lower rate than that. have you seen that play out here? >> i have seen that play out. last year in 2018, our annual report, we were more diverse now than we have in the history of this city. we experienced a 27-year low in serious crime. you have folks living in the shadows, and we certainly do, that are fraid to come forward when victimized and afraid to be

active in their community, it lends to a less-safe community. >> does that mean creating an atmosphere where undocumented immigrants feel comfortable calling you up? >> absolutely. this is the tyson turkey plant and the pork plant is across the highway. >> two major plants. >> these are two major employers. >> 2,000 plus jobs. >> talk about storm lake as being an industrial protein center. >> 15,000 hogs a day are killed in storm lake. twice as many turkeys. this is tyson's busiest and most profitable pork plant here. >> what happens here in storm lake -- >> is feeding the rest of the nation. >> we kill 15,000 pigs a day here. >> i think he is a little low. you can smell it, too. >> i just say you're smelling

money. >> these people need workers. >> they have competitive pork plants going up about 50 miles east and 50 miles west, all of which are scrambling to get up and open or to add second shifts. >> you asked the question about how can rural iowa meet its potential and make itself whole. have you found an answer to that question? >> yes. i think the answer is here in the community that figured out you can find your next school teacher and police officer in the little brown kid in the third grade. >> i opened up a cafe. >> were your parents and uncle undocumented when they came? >> yeah. >> you were the son of undocumented immigrants opening your own business now. >> i was, yes.

there you are. >> you serve on the city council here in storm lake. why did you want to run for city council? >> there was no latinos on the city council. there was no immigrants in the city council. >> why don't people like steve king, the congressman from this district, and people who vote for him, understand what it is you're talking about? >> well, because for steve king it works. fear works. they've created this culture fear to win political elections. they hear their own president saying they are all a bunch of drug runners and thieves. who are they going to believe? >> the challenge for us is outside entities. so communities around us who don't understand the value of diversity -- >> like your congressman? >> no comment. >> when you talk to people on a rational level, they say yeah we do need those people working slaughtering hogs in storm lake. we have to get our pork chops

somewhere and the white people just won't do the job anymore. >> that's not really debatable. >> not with an engineering degree from iowa state university. you're not going to cut the bung hole out of a hog. there is a job called the bung cutting. you want your kid to be a bung cutter? no. >> up next. do you worry that by speaking out publicly it will get you in more trouble? >> the undocumented workers revealing their identity. and fighting back against the president of the united states. (male announcer) now's the time... to tune... fix fletching... and practice until your groups are tight and consistent. it's time to get your season off to the right start. so head to bass pro shops and cabela's archery gear up sale.

come check out the newest gear from archery's top brands, with huge savings so you can stock up on the gear you need. plus get your bow outfitted, tuned and sited right in the store. bass pro shops and cabela's. your adventure starts here. i was on the fence about changing from a manual to an electric toothbrush. but my hygienist said going electric could lead to way cleaner teeth. she said, get the one inspired by dentists, with a round brush head. go pro with oral-b. oral-b's gentle rounded brush head removes more plaque along the gum line. for cleaner teeth and healthier gums. and unlike sonicare, oral-b is the first electric toothbrush brand accepted by the ada for its effectiveness and safety. what an amazing clean! i'll only use an oral-b! oral-b. brush like a pro. would shakespeare have chosen just "some pens?"s. methinks a tul pen would serve m'lady well. thanks! and a unicorn notebook! get everything on your list. this week's doorbuster - notebooks for 10¢, 10¢ in store or online

from the advisors at office depot officemax. i get to select my room from the floor plan... when i book at hilton.com free wi-fi... ...and the price match guarantee. so with hilton there is no catch. yeah the only catch is i'm never leaving. no i'm serious, i live here now. book at hilton.com and get the hilton price match guarantee. ♪ think you need to pay prestige prices for better skin results? try olay regenerist. the rich, hydrating cream is formulated with vitamin b3 and peptides to plump skin cells, brighten, and visibly smooth wrinkles. in fact, just 1 jar has the hydrating power of 5 jars of the prestige cream. for visible results without prestige prices, try olay regenerist with a money back guarantee. and complete your routine with the olay eye collection. brand power. helping you buy better.

♪ ♪ let's go! ♪

they're bringing drugs. they're bringing crime. they're rapists. and some, i assume, are good people. you remember i made that speech and i was badly criticized? turned out i was 100% right. that's why i got elected. >> members only, trump national golf club. ever been there? >> i haven't. >> you have gotten really involved in this trump and undocumented worker. how did that happen? >> back in august, i had a woman come into my office. and tell me that she had an

immigration issue. what did you do at trump's club? >> i'm house keeping. >> she mentioned she was undocumented at the time and worked for the trump organization specifically for donald trump at his golf club. >> >> when you hear president trump talk about undocumented immigrants, how does it make you feel? >> i am scared when he ran for president because i know him. >> why were you scared? >> because whatever he wants he'll do it. >> do you worry you may speak out publicly and it will get you into more trouble? >> i just speak the true.

[ speaking spanish ] >> she mentions her friend, morales, this is part of her uniform as well? >> trump's national bedminister. >> who was currently working for the trump organization. >> the members of the white house communication expressed our sincere and appreciation for the outstanding manner which you provided support for the president of the united states in new jersey.

>> she says other undocumented workers who lost her their job and her speaking out, people were angry with her. >> the trump's family have said all of these workers have duped them into hiring them. do you believe that's the case? >> i don't believe it. the reason i don't believe it, this is one or two employees and maybe you can say well, the company is big enough and how would management know? we are talking about possibly hundreds of people. hundreds. i represent 38 of them. i met more. >> grounds keeper. >> housekeeping.

>> how long did you work for president trump? >> almost 40 years. -- 14 years >> the trump organization says it started to use this e-verify system whether someone is legally to work in the united states. >> this is an autograph picture of donald trump that the president gave to gabrielle. some of my clients have been working for over a decade. for the trump organization. >> this is a stack of countless paycheck that gabrielle earned over his 14 years working for donald trump and they all come from the trump's national golf club. now after the story is public, they decided to use e-verify. >> this is for first check from working for donald trump. >> here it says your federal income tax that was taken out and social security tax and medicare tax. in some cases management helps them obtain these documents that immigrants used to work in the united states.

that i don't know because i don't run it. every club in the united states probably has that. under the senseless rule of the current system, we are not able to give preference to a doctor, a researcher, a student who graduated number one in his class from the finest colleges in the world.

[ speaking spanish ]

[ speaking spanish ] see what it. what is that? that's azer? that's a chevy blazer? aww, this is dope. this thing is beautiful. i love the lights. oh man, it's got a mean face on it. it looks like a piece of candy. look at the interior. this is nice. this is my sexy mom car. i would feel like a cool dad. it's just really chic. i love this thing. it's gorgeous. i would pull up in this in a heartbeat. i want one of these. that is sharp. the all-new chevy blazer. speaks for itself. i don't know who they got to design this but give them a cookie and a star. ...when a plan stops being a plan and gets set into motion. today's merrill can help you get there with the people, tools, and personalized advice to help turn your ambitions into action.

what would you like the power to do? but allstate actually helps you drive safely... with drivewise. it lets you know when you go too fast... ...and brake too hard. with feedback to help you drive safer. giving you the power to actually lower your cost. unfortunately, it can't do anything about that. now that you know the truth... are you in good hands? [happy ♪irthday music] ♪

don't get mad, put those years to work with e*trade. xfinity mobile is a designed to save you money. whether you use your phone to get fit or to find the perfect gift, you'll use less data with a network that

automatically connects to millions of wifi hotspots and the best lte everywhere else. so you save hundreds of dollars a year on your wireless bill. xfinity mobile has the best network. best devices. best value. simple. easy. awesome. click, call or visit a store today. good evening. we begin tonight with breaking news on president trump's signature issue the border wall with mexico. he's using money from the pentagon to build it in the supreme court in a 5-4 vote gave him the green light at least while a lower court challenged it.

pamela brown joins us with reaction from the white house. i imagine the president has to be happy with the rule. >> he immediately hailed it as a big win for him. this is what he tweeted not long ago saying wow, big victory on the wall, the united states supreme court overturns lower court injunction allow southern border wall to proceed. big one for border security and the rule of law. this is a significant ruling by the supreme court along ideology lines and the president's favor allowing those from the defense department to be used to build the wall. you'll recall that the president directed those funds to be used for the wall after he didn't get what he wanted from congress. as you'll recall, that led to the longest government shutdown in u.s. history and the president ended it when he called for a national emergency. after that, groups immediately lower court agreed with the group's challenging it saying that congress has the power of