Some Federal-State Developments in Immigration Law

Arizona v. United States: A Limited Role for States in Immigration Enforcement

On June 25, 2012, the Supreme Court issued its much-anticipated decision in Arizona v. United States, ruling that some aspects of an Arizona statute intended to deter unlawfully present aliens from remaining in the state were preempted by federal law, but also holding that Arizona police were not facially preempted from running immigration status checks on persons stopped for state or local off...

Policy Innovation or Vertical Integration? A View of Immigration Federalism from the States

Since 2005, state legislatures have passed hundreds of immigration bills, and state officials have argued that their efforts attempt to solve immigration crises caused by federal inaction. The state–federal clash over immigration seems to confirm scholarship suggesting deepening lines of conflict in the federal system since the 1990s. The question remains, however, whether this explosion in sta...

State Challenges to Federal Enforcement of Immigration Law: Historical Precedents and Pending Litigation

States and localities can have significant interest in the manner and extent to which federal officials enforce provisions of the Immigration and Nationality Act (INA) regarding the exclusion and removal of unauthorized aliens. Some states and localities, concerned that federal enforcement disrupts families and communities, or infringes upon human rights, have adopted " sanctuary " policies lim...

State Challenges to Federal Enforcement of Immigration Law: From the Mid-1990s to the Present

Backgrounder April 2003 Officers Need Backup

In the midst of a war against Islamist terrorists, the United States remains woefully — and frighteningly — at risk. Even with the enactment of new laws such as the USA Patriot Act and the Enhanced Border Security and Visa Entry Reform Act and the reorganization of major parts of the federal government into a cabinet-level Department of Homeland Security, the American homeland is not secure. No...