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The New Immigration Federalism

The New Immigration Federalism
Author: Pratheepan Gulasekaram
Publisher: Cambridge University Press
Total Pages: 305
Release: 2015-09-15
Genre: Law
ISBN: 1316395634
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Since 2004, the United States has seen a flurry of state and local laws dealing with unauthorized immigrants. Though initially restrictionist, these laws have recently undergone a dramatic shift toward promoting integration. How are we to make sense of this new immigration federalism? What are its causes? And what are its consequences for the federal-state balance of power? In The New Immigration Federalism, Professors Pratheepan Gulasekaram and S. Karthick Ramakrishnan provide answers to these questions using a mix of quantitative, historical, and doctrinal legal analysis. In so doing they refute the popular 'demographic necessity' argument put forward by anti-immigrant activists and politicians. Instead, they posit that immigration federalism is rooted in a political process that connects both federal and subfederal actors: the Polarized Change Model. Their model captures not only the spread of restrictionist legislation but also its abrupt turnaround in 2012, projecting valuable insights for the future.

The New Immigration Federalism

The New Immigration Federalism
Author: Stella Burch Elias
Publisher:
Total Pages: 0
Release: 2013
Genre:
ISBN:
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The Supreme Court's recent rulings in Arizona v. United States (2012) and Chamber of Commerce v. Whiting (2011) mark a watershed in immigration law and doctrine. Because the Supreme Court held that state and local indirect enforcement measures are no longer permissible, some scholars have argued that this signals the end of state and local engagement in immigration regulation. I believe, to the contrary, that Arizona and Whiting portend a new direction for immigration federalism, with increased emphasis on states' and localities' opportunities to promulgate immigrant-inclusionary measures. This “new immigration federalism” encompasses dynamic and interactive multi-governmental rulemaking pertaining to immigrants and immigration, including rulemaking intended to foster immigrant inclusion. By analyzing recent initiatives for immigration law reform, including Senate Bill 744, the “Border Security, Economic Opportunity, and Immigration Modernization Act,” the Obama Administration's Deferred Action for Childhood Arrivals Program, the “Illegal Immigrant Relief Act” lawsuits in Pennsylvania and Texas, the non-cooperation (“sanctuary”) ordinances passed in California and Illinois, numerous state “DREAM Act” initiatives for immigration youth, current legal challenges to immigration enforcement statutes in Alabama, Arizona, Utah, Indiana, Georgia, and South Carolina, and numerous immigrant-inclusionary measures enacted by state legislatures since the Court's Arizona opinion, this Article proposes that such developments are best understood within the coherent framework of the new immigration federalism. This new immigration federalism, grounded in immigrant-inclusionary rulemaking, has the potential to inform, complement, and occasionally contradict federal efforts at comprehensive immigration reform.

Immigration Regulation in Federal States

Immigration Regulation in Federal States
Author: Sasha Baglay
Publisher: Springer Science & Business Media
Total Pages: 252
Release: 2014-03-18
Genre: Social Science
ISBN: 9401786046
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The book examines the phenomenon of immigration federalism: its main characteristics, why and how it has developed, its implications for immigration systems (in general) and non-citizens’ rights (in particular). The book introduces the reader to theoretical perspectives on immigration federalism through three sets of literature – federalism, governance and non-citizens’ rights – that provide a necessary framework for understanding immigration federalism’s multiple facets and impacts. It also offers an analysis of immigration federalism through case studies of six jurisdictions: Australia, Canada, Germany, Switzerland, the EU and the US. Despite increased sub-national activity in immigration regulation in several federal states, very little research has been dedicated so far to comparing how federal states deal with immigration federalism. Comparative studies on the human rights implications of immigration federalism have received even less attention. This book seeks to fill the gap in this area and is an important contribution to the field, providing the reader with a better understanding of the complex issues surrounding immigration federalism and its impact on non-citizens.

'Sanctuary' Laws

'Sanctuary' Laws
Author: Barbara E. Armacost
Publisher:
Total Pages: 0
Release: 2016
Genre:
ISBN:
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The policy of “immigration federalism” has justified granting state and local police officers greatly increased responsibilities for enforcing immigration laws, but the devolution of power has also generated enormous controversy. Supporters argue that the vast number of local police and their knowledge of local conditions can substantially assist federal immigration enforcement. Critics say that the policy has caused serious problems, including increased racial profiling and more pretextual arrests for minor crimes, and that the resulting alienation of immigrant communities has reduced public safety. The controversy is not just academic, as more than 270 local jurisdictions have adopted policies designed to resist immigration federalism. Some argue that these laws have only one purpose: to thwart federal enforcement and shelter illegal immigrants. National legislators have proposed legislation to squelch local resistance by cutting federal funds to those localities. Such responses are, however, fundamentally inconsistent with the very theory of federalism. The widespread resistance to immigration federalism is a state/local-inspired reaction to the serious, if unintended consequences of localized immigration policing. A true immigration federalist should view such local resistance not as mere opposition to quash, but as a “new immigration federalism,” a source of insight into the on-the-ground problems with current immigration policies. This article argues that the policies enacted as part of the local resistance movement point the way both to specific solutions, and to a better - and more theoretically sound - immigration federalism. This “new immigration federalism” is already having an effect on federal immigration policy.

Citizenship Reimagined

Citizenship Reimagined
Author: Allan Colbern
Publisher: Cambridge University Press
Total Pages: 457
Release: 2020-10-22
Genre: Law
ISBN: 110884104X
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States have historically led in rights expansion for marginalized populations and remain leaders today on the rights of undocumented immigrants.

Welcoming New Americans?

Welcoming New Americans?
Author: Abigail Fisher Williamson
Publisher: University of Chicago Press
Total Pages: 402
Release: 2018-08-28
Genre: Political Science
ISBN: 022657265X
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Even as Donald Trump’s election has galvanized anti-immigration politics, many local governments have welcomed immigrants, some even going so far as to declare their communities “sanctuary cities” that will limit cooperation with federal immigration authorities. But efforts to assist immigrants are not limited to large, politically liberal cities. Since the 1990s, many small to mid-sized cities and towns across the United States have implemented a range of informal practices that help immigrant populations integrate into their communities. Abigail Fisher Williamson explores why and how local governments across the country are taking steps to accommodate immigrants, sometimes despite serious political opposition. Drawing on case studies of four new immigrant destinations—Lewiston, Maine; Wausau, Wisconsin; Elgin, Illinois; and Yakima, Washington—as well as a national survey of local government officials, she finds that local capacity and immigrant visibility influence whether local governments take action to respond to immigrants. State and federal policies and national political rhetoric shape officials’ framing of immigrants, thereby influencing how municipalities respond. Despite the devolution of federal immigration enforcement and the increasingly polarized national debate, local officials face on balance distinct legal and economic incentives to welcome immigrants that the public does not necessarily share. Officials’ efforts to promote incorporation can therefore result in backlash unless they carefully attend to both aiding immigrants and increasing public acceptance. Bringing her findings into the present, Williamson takes up the question of whether the current trend toward accommodation will continue given Trump’s anti-immigrant rhetoric and changes in federal immigration policy.

Shifting Boundaries

Shifting Boundaries
Author: Alexis M. Silver
Publisher: Stanford University Press
Total Pages: 256
Release: 2018-03-27
Genre: Social Science
ISBN: 1503605752
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As politicians debate how to address the estimated eleven million unauthorized immigrants residing in the United States, undocumented youth anxiously await the next policy shift that will determine their futures. From one day to the next, their dreams are as likely to crumble around them as to come within reach. In Shifting Boundaries, Alexis M. Silver sheds light on the currents of exclusion and incorporation that characterize their lives. Silver examines the experiences of immigrant youth growing up in a small town in North Carolina—a state that experienced unprecedented growth in its Latino population in the 1990s and 2000s, and where aggressive anti-immigration policies have been enforced. Drawing on ethnographic fieldwork and in-depth interview data, she finds that contradictory policies at the national, state, and local levels interact to create a complex environment through which the youth must navigate. From heritage-based school programs to state-wide bans on attending community college; from the failure of the DREAM Act to the rescinding of Deferred Action for Childhood Arrivals (DACA); each layer represents profound implications for undocumented Latino youth. Silver exposes the constantly changing pathways that shape their journeys into early adulthood—and the profound resilience that they develop along the way.

Federalism and the Making of America

Federalism and the Making of America
Author: David Brian Robertson
Publisher: Routledge
Total Pages: 351
Release: 2013-03-01
Genre: History
ISBN: 1136974296
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Though Americans rarely appreciate it, federalism has profoundly shaped their nation’s past, present, and future. Federalism—the division of government authority between the national government and the states—affects the prosperity, security, and daily life of every American. In this nuanced and comprehensive overview, David Brian Robertson shows that past choices shape present circumstances, and that a deep understanding of American government, public policy, political processes, and society requires an understanding of the key steps in federalism’s evolution in American history. The most spectacular political conflicts in American history have been fought on the battlefield of federalism, including states’ rights to leave the union, government power to regulate business, and responses to the problems of race, poverty, pollution, abortion, and gay rights. Federalism helped fragment American politics, encourage innovation, foster the American market economy, and place hurdles in the way of efforts to mitigate the consequences of economic change. Federalism helped construct the path of American political development. Federalism and the Making of America is a sorely needed text that treats the politics of federalism systematically and accessibly, making it indispensible to all students and scholars of American politics. Chosen as one of Choice's Outstanding Academic Titles for 2012.

Local Citizenship in a Global Age

Local Citizenship in a Global Age
Author: Kenneth A. Stahl
Publisher: Cambridge University Press
Total Pages: 273
Release: 2020-05-14
Genre: Law
ISBN: 1107156467
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Presents a distinctly local idea of citizenship that, with the advance of globalization, often conflicts with national citizenship.

Policing Immigrants

Policing Immigrants
Author: Doris Marie Provine
Publisher: University of Chicago Press
Total Pages: 218
Release: 2016-06-14
Genre: Political Science
ISBN: 022636321X
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The United States deported nearly two million illegal immigrants during the first five years of the Obama presidency—more than during any previous administration. President Obama stands accused by activists of being “deporter in chief.” Yet despite efforts to rebuild what many see as a broken system, the president has not yet been able to convince Congress to pass new immigration legislation, and his record remains rooted in a political landscape that was created long before his election. Deportation numbers have actually been on the rise since 1996, when two federal statutes sought to delegate a portion of the responsibilities for immigration enforcement to local authorities. Policing Immigrants traces the transition of immigration enforcement from a traditionally federal power exercised primarily near the US borders to a patchwork system of local policing that extends throughout the country’s interior. Since federal authorities set local law enforcement to the task of bringing suspected illegal immigrants to the federal government’s attention, local responses have varied. While some localities have resisted the work, others have aggressively sought out unauthorized immigrants, often seeking to further their own objectives by putting their own stamp on immigration policing. Tellingly, how a community responds can best be predicted not by conditions like crime rates or the state of the local economy but rather by the level of conservatism among local voters. What has resulted, the authors argue, is a system that is neither just nor effective—one that threatens the core crime-fighting mission of policing by promoting racial profiling, creating fear in immigrant communities, and undermining the critical community-based function of local policing.