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Full-Text Articles in Law
Reverse-Commandeering, Margaret Hu
Reverse-Commandeering, Margaret Hu
Margaret Hu
Although the anti-commandeering doctrine was developed by the Supreme Court to protect state sovereignty from federal overreach, nothing prohibits flipping the doctrine in the opposite direction to protect federal sovereignty from state overreach. Federalism preserves a balance of power between two sovereigns. Thus, the reversibility of the anti-commandeering doctrine appears inherent in the reasoning offered by the Court for the doctrine’s creation and application. In this Article, I contend that reversing the anti-commandeering doctrine is appropriate in the context of contemporary immigration federalism laws. Specifically, I explore how an unconstitutional incursion into federal sovereignty can be seen in state immigration …
The Normative & Historical Cases For Proportional Deportation, Angela M. Banks
The Normative & Historical Cases For Proportional Deportation, Angela M. Banks
Faculty Publications
Is citizenship status a legitimate basis for allocating rights in the United States?
In immigration law the right to remain in the United States is significantly tied to citizenship status. Citizens have an absolutely secure right to remain in the United States regardless of their actions. Noncitizens’ right to remain is less secure because they can be deported if convicted of specific criminal offenses. This Article contends that citizenship is not a legitimate basis for allocating the right to remain. This Article offers normative and historical arguments for a right to remain for noncitizens. This right should be granted to …
Immigrant Workers, Human Capital Investment And The Shape Of Immigration Reform, Audrey Singer
Immigrant Workers, Human Capital Investment And The Shape Of Immigration Reform, Audrey Singer
Brookings Scholar Lecture Series
President Obama's speech in Las Vegas last month kicked off Congressional debates on immigration policy. While border security and illegal immigration are still high profile and thorny issues, slow economic growth following the Great Recession has helped to shift the focus to how the United States can change policy to better suit economic needs. Where do immigrants fit into the labor force, how can they fit better, and what is the likely shape of future policy changes?
Stateless In The United States: Current Reality And A Future Prediction, Polly J. Price
Stateless In The United States: Current Reality And A Future Prediction, Polly J. Price
Faculty Articles
Statelessness exists in the United States-a fact that should be of concern to advocates of strict immigration control as well as those who favor a more welcoming policy. The predominant reasons for statelessness include the presence of individuals who are unable to prove their nationality and the failure of their countries of origin to recognize them as citizens. Migrants with unclear nationality, already a problem for the United States, obstruct efforts to control immigration by the deportation of unauthorized aliens. These existing problems of national identity will increase exponentially if birthright citizenship in the United States is amended to exclude …
Reverse-Commandeering, Margaret Hu
Reverse-Commandeering, Margaret Hu
Faculty Scholarship
Although the anti-commandeering doctrine was developed by the Supreme Court to protect state sovereignty from federal overreach, nothing prohibits flipping the doctrine in the opposite direction to protect federal sovereignty from state overreach. Federalism preserves a balance of power between two sovereigns. Thus, the reversibility of the anti-commandeering doctrine appears inherent in the reasoning offered by the Court for the doctrine’s creation and application. In this Article, I contend that reversing the anti-commandeering doctrine is appropriate in the context of contemporary immigration federalism laws. Specifically, I explore how an unconstitutional incursion into federal sovereignty can be seen in state immigration …