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ImmigrationProf Blog
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New Immigration Articles

By immigrationprof

Immigration Posses: U.S. Immigration Law and Local Enforcement Practices Kevin J. Fandl (George Mason University – School of Public Policy; American University Washington College of Law Journal of Legislation). Abstract: The failure of the United States Congress to pass comprehensive immigration legislation at a time when the issue of immigration has reached a boiling point has created an overwhelming demand by citizens for local reform. States have responded by enacting hundreds of laws that regulate immigration at the state-level. This creates significant tension both between states with conflicting laws, which creates havens in some states and rampant enforcement in others, and between states and the federal government, which is ultimately responsible for regulating immigration law. This article examines the history of immigration legislation since the founding of the United States and looks at where the federal and state governments are today in meeting citizen demand for reform. It explores the relationship between state and federal enforcement of immigration law. And finally, it provides recommendations for effective reform and insights into why the current approach is likely to fail.

Gonzales, Katrina C. Note. Undocumented immigrants and workers’ compensation: rejecting federal preemption of the California Workers’ Compensation Act. 41 UC Davis L. Rev. 2001-2033 (2008).

Magliocca, Gerard N. Indians and invaders: the Citizenship Clause and illegal aliens. 10 U. Pa. J. Const. L. 499-526 (2008).

Markowitz, Peter L. Straddling the civil-criminal divide: a bifurcated approach to understanding the nature of immigration removal proceedings. 43 Harv. C.R.-C.L. L. Rev. 289-351 (2008).

Rodriguez, Adrian J. Note. Punting on the values of federalism in the immigration arena? Evaluating operation linebacker, a state and local law enforcement program along the U.S.-Mexico border. 108 Colum. L. Rev. 1226- 1267 (2008).

A New Year and the Old Debate: Has Immigration Reform Reformed Anything? Editor’s note by Hugh Hewitt; Articles by Bill Piatt, Marisa S. Cianciarulo, student Merian N. Alrashid, Mitchell L. Wexler, Herbert A. Igbanugo, Dyan Williams, Maria J. Nape, Stacy Caplow and Robert C.L. Moffat. 13 NEXUS 1-121 (2007-2008).

KJ