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Immigration Posses: U.S. Immigration Law and Local Enforcement Practices

Kevin J. Fandl
American University Washington College of Law; George Mason University - School of Public Policy



Journal of Legislation, Forthcoming

Abstract:     
The failure of the United States Congress to pass comprehensive immigration legislation at a time when the issue of immigration has reached a boiling point has created an overwhelming demand by citizens for local reform. States have responded by enacting hundreds of laws that regulate immigration at the state-level. This creates significant tension both between states with conflicting laws, which creates havens in some states and rampant enforcement in others, and between states and the federal government, which is ultimately responsible for regulating immigration law. This article examines the history of immigration legislation since the founding of the United States and looks at where the federal and state governments are today in meeting citizen demand for reform. It explores the relationship between state and federal enforcement of immigration law. And finally, it provides recommendations for effective reform and insights into why the current approach is likely to fail.

Keywords: immigration, preemption, constitutional law, enforcement

JEL Classifications: J61, K42, K10

Accepted Paper Series

Date posted: June 18, 2008 ; Last revised: June 18, 2008

Suggested Citation

Fandl, Kevin J., Immigration Posses: U.S. Immigration Law and Local Enforcement Practices (2008). Journal of Legislation, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1147051


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Contact Information

Kevin J. Fandl (Contact Author)
American University Washington College of Law ( email )
4801 Massachusetts Avenue N.W.
Washington, DC 20016
United States
HOME PAGE: http://mason.gmu.edu/~kfandl
George Mason University - School of Public Policy ( email )
4400 University Drive
Fairfax, VA 22030-4444
United States
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