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Immigration To Blue Cities In Red States: The Battleground Between Sanctuary And Exclusion, Karla M. Mckanders
Immigration To Blue Cities In Red States: The Battleground Between Sanctuary And Exclusion, Karla M. Mckanders
Vanderbilt Law School Faculty Publications
This commentary interrogates the concept of immigration federalism, examining the political and ideological contours of state and local sanctuary laws in the context of both state and the Trump Administration's exclusionary policies. I utilize the intrastate federalism conflicts within the State of Tennessee to highlight the political dynamics that govern the passing of state and local sanctuary laws analyzing new issues that have surfaced under the Trump Administration. In this context, the commentary argues that recent immigration federalism standoffs center around political divisions which fail to engage in principled evaluations of which level of governmentfederal, state, or local--should be the …
Foreign Affairs Federalism: A Revisionist Approach, Daniel Abebe, Aziz Z. Huq
Foreign Affairs Federalism: A Revisionist Approach, Daniel Abebe, Aziz Z. Huq
Vanderbilt Law Review
In April 2010, the Arizona legislature enacted the Support Our Law Enforcement and Safe Neighborhoods Act. Commonly known as SB 1070, the law created a slate of new criminal offenses and arrest powers covering aliens within Arizona's borders. SB 1070 proved divisive. It inspired copycat legislation in several states, provoked sharp criticism from the legal academy, and-most relevant here- catalyzed a lawsuit by the U.S. Department of Justice seeking a preliminary injunction against the state law on the ground that it was preempted by federal law. Initially, the federal government's litigation prospects seemed dim. One term before SB 1070 reached …
The Constitutionality Of State And Local Laws Targeting Immigrants, Karla M. Mckanders
The Constitutionality Of State And Local Laws Targeting Immigrants, Karla M. Mckanders
Vanderbilt Law School Faculty Publications
This paper addresses current immigration issues across the country, specifically in Arkansas, and how lawyers can seek to achieve social justice for immigrants. There currently has been a lot of activity and discussion surrounding state and local laws targeting immigrants. Central to this discussion has been whether states and localities are constitutionally permitted to enact immigration laws and whether state and local actions upset the current immigration system and how, if at all, their actions affect documented and undocumented immigrants' rights. When states and localities pass immigration related laws, the main concern is whether federal, state or local governments are …
The Constitutional Dimension Of Immigration Federalism, Clare Huntington
The Constitutional Dimension Of Immigration Federalism, Clare Huntington
Vanderbilt Law Review
In Farmers Branch, Texas, the city council enacted a measure to fine landlords who rent their premises to unauthorized migrants,' and in Arizona, the state legislature passed a law imposing stiff penalties on employers who intentionally or knowingly hire unauthorized migrants. In San Francisco, the board of supervisors passed a measure that bars law enforcement officers from inquiring into the immigration status of an individual in the course of a criminal investigation. In Alabama and Florida, state officials have entered into agreements with the federal government permitting state law enforcement officers to arrest and detain non-citizens on immigration charges. Other …
Welcome To Hazelton - Illegal Immigrants Beware, Karla M. Mckanders
Welcome To Hazelton - Illegal Immigrants Beware, Karla M. Mckanders
Vanderbilt Law School Faculty Publications
On July 13, 2006, the city of Hazleton made national news as the first municipality in the country to pass ordinances against illegal immigrants. The majority of municipal legislation that passed regulated the employment of undocumented workers. The ordinances resulted from municipal perceptions that the federal government has failed to enact and enforce comprehensive immigration legislation. Thereafter, several states and municipalities across the country passed ordinances against illegal immigration. Since then, the federal courts have been inundated with lawsuits challenging the validity of municipal ordinances.
This article delves into the profound impact that municipal ordinances that sanction businesses for employing …