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Immigrant Sanctuary As The 'Old Normal': A Brief History Of Police Federalism, Trevor George Gardner
Immigrant Sanctuary As The 'Old Normal': A Brief History Of Police Federalism, Trevor George Gardner
Scholarship@WashULaw
Three successive presidential administrations have opposed immigrant sanctuary policy, at various intervals characterizing state and local government restrictions on police participation in federal immigration enforcement as reckless, aberrant, and unpatriotic. This Article finds these claims to be ahistorical in light of the long and singular history of a field this Article identifies as “police federalism.” For nearly all of U.S. history, Americans within and outside of the political and juridical fields flatly rejected federal policies that would make state and local police subordinate to the federal executive. Drawing from Bourdieusian social theory, this Article conceptualizes the sentiment driving this longstanding …
Right At Home: Modeling Sub-Federal Resistance As Criminal Justice Reform, Trevor George Gardner
Right At Home: Modeling Sub-Federal Resistance As Criminal Justice Reform, Trevor George Gardner
Scholarship@WashULaw
Over the past two decades, state and local governments have crippled the federal war on marijuana as well as a series of federal initiatives designed to enforce federal immigration law through city and county police departments. This Article characterizes these and similar events as sub-federal government resistance in service of criminal justice reform. In keeping with recent sub-federal criminal reform movements, it prescribes a process model of reform consisting of four stages: enforcement abstinence, enforcement nullification, mimicry, and enforcement abolition. The state and local governments that pass through each of these stages can frustrate the enforcement of federal criminal law …