Taking Immigration Federalism Seriously

Bibliographic Data

ID13057797
AuthorsPeter H Schuck (Yale University, corresponding author)
Year2009
Volume7
Issue3
Pages4
Publication date2009-10-12
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueThe Forum (JOURNAL)
Journal identifiersISSN: 2194-6183 • E-ISSN: 1540-8884
PublisherDe Gruyter (PUBLISHER • DE)
DOI10.2202/1540-8884.1321
OpenAlexW2067250899
LanguageEN
Citations received10

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

Doctrine · Federal law · Federalism · Immigration · Immigration law · Jurisprudence · Law and economics · Legislation · Political science · Politics · Power (physics · Sociology · Discrimination and Equality Law · Immigration Law and Human Rights · Law · Legal Systems and Judicial Processes

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Open DOISci-HubOpen Access