Immigration Article of the Day: Putting States Out of the Immigration Law Enforcement Business by Kevin J. Fandl
Putting States Out of the Immigration Law Enforcement Business by Kevin J. Fandl, Harvard Law & Policy Review.
Abstract: This article contends that states should exercise caution when considering legislation on immigration law enforcement. Rather, most enforcement powers should remain with the federal government, which is not only legally empowered to manage immigration enforcement, but is also the logical locus of authority over an issue that affects the nation as a whole.
This article explains the key historical aspects of the debate between state and federal control over immigration law enforcement. It highlights the preemption aspects of the recent significant federal cases challenging state and local enforcement laws. Finally, the article suggests that the trend in federal courts has increasingly been toward more federal control of immigration law and an unwillingness to allow states to take immigration enforcement into their own hands. These recent decisions reaffirm the federal government’s supremacy over immigration enforcement decisions and clarify the minimal role that states should play in enacting their own immigration regulations.
KJ