(In)visible Cities: Three Local Government Models and Immigration Regulation
Oregon Review of International Law, Vol. 10, p. 453, 2008
79 Pages Posted: 21 Feb 2009 Last revised: 12 Jun 2013
This article looks at the aporetic role of cities in the context of globalization. Cities are legally invisible on both the international and domestic level, yet they are playing increasingly important roles in areas such as anthropogenic climate change, human rights and immigration. This article looks at ways that cities in the U.S. have undertaken to regulate undocumented immigrants, heightening tensions between the federal government's role in regulating entry and deportation of noncitizens and the ability of state and local governments to specify rules for residents within their boundaries. This article uses three competing and overlapping models of local government power to analyze actions undertaken by the city of Hazleton, Pennsylania to impose penalties on landlords who don't verify the legal staus of tenants they rent to or employers who employ undocumented immigrants. Finally, this article argues that restructuring local government rules to help (rather than hurt) the integration of undocumented immigrants provides a chance for second-order immigration regulations to supplement, rather than thwart, federal immigration objectives.
Keywords: local government law, immigration, immigration federalism, noncitizen voting, Language regulation, Sanctuary cities
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