Abstract

http://ssrn.com/abstract=1894900
 
 

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State and Local Regulation of Immigration: The Need for a Bilateral (Reciprocal) Ratchet


David P. Weber


Creighton University - School of Law

July 25, 2011

ILSA Journal of International & Comparative Law, Vol. 18, No. 3, 2013

Abstract:     
The Spanish version of this paper can be found at http://ssrn.com/abstract=2271258.

This essay proposes a broader approach regarding pro-immigrant subfederal regulation in order to level the current legislative playing field. This essay examines the three 2011 Supreme Court actions on immigration in Whiting, Martinez and Hazleton. Under the current preemption approach, supported by many who reasonably fear unharnessed subfederal discrimination against immigrants, Congress has granted states the right to act in this field exclusively in a pro-enforcement direction. Rather than allow only pro-enforcement proposals, a more flexible approach in examining how to view preemption should be used to grant states the ability to generate more adaptable, varied approaches to the issue of unauthorized immigration.

Number of Pages in PDF File: 31

Keywords: federalism, preemption, pre-emption, immigration, s.b. 1070, sb 1070, state, local, subfederal, regulation, Whiting, Martinez, Hazleton, L.B. 48, Fremont, Arizona

JEL Classification: K14, K23, K42

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Date posted: July 25, 2011 ; Last revised: June 4, 2013

Suggested Citation

Weber, David P., State and Local Regulation of Immigration: The Need for a Bilateral (Reciprocal) Ratchet (July 25, 2011). ILSA Journal of International & Comparative Law, Vol. 18, No. 3, 2013. Available at SSRN: http://ssrn.com/abstract=1894900 or http://dx.doi.org/10.2139/ssrn.1894900

Contact Information

David P. Weber (Contact Author)
Creighton University - School of Law ( email )
2500 California Plaza
Omaha, NE 68178
United States
402 280 3334 (Phone)
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