Taking Immigration Federalism Seriously

Abstract

Largely because of the immense shadow cast by the plenary power doctrine, immigration policy is overwhelmingly the domain of federal law. This article casts doubt on some of the premises of this legal centralism, including the myth of greater state hostility to immigrants and calls on Congress to delegate greater authority to the states in several areas of immigration policy: employment-based admissions, enforcement, and employer sanctions. A concluding section analyzes the legal standards that states must meet in order to overcome federal preemption challenges to their immigration-related statutes.

Recommended Citation

Schuck, Peter H. (2009) "Taking Immigration Federalism Seriously," The Forum: Vol. 7 : Iss. 3, Article 4.
DOI: 10.2202/1540-8884.1321
Available at: http://www.bepress.com/forum/vol7/iss3/art4