Law Commons^™

Sanctuary Policies & Immigration Federalism: A Dialectic Analysis, Pratheepan Gulasekaram, Rose Villazor

Faculty Publications

This Article explores the doctrinal and theoretical challenges confronting San Francisco's non-cooperation ordinance, and similar subfederal actions. It does so using a non-conventional but useful method of engaging in a dialectic exchange. In using the dialectic structure, we take our cue from Professor Stephen Legomsky's elegant use of the device in his recent article on the meaning of undocumented status. As he noted, the format has been "under-utilized" in legal scholarly literature. More scholars should use this method, he contended, because it helps to reveal the diametrically opposed positions of various groups concerning aparticular issue. Importantly, a dialectic conversation facilitates …