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Aliens In A Foreign Field: Examining Whether States Have The Authority To Pass Legislation In The Field Of Immigration Law, Jonathan Futrell
Aliens In A Foreign Field: Examining Whether States Have The Authority To Pass Legislation In The Field Of Immigration Law, Jonathan Futrell
Mercer Law Review
There is no question that immigration regulation is primarily a national issue. The federal government regulates when people can come into the country, how long they can stay, and what they can do while they are here. The United States Supreme Court has continually reaffirmed Congress's plenary power to create and regulate immigration laws. Any comprehensive immigration reform law must come from Congress. The recent laws passed by Arizona, Georgia, and Alabama cannot be classified as immigration reform laws. Instead, these are immigration "related" laws. The question then becomes just how far can the states go in passing laws that …