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Sanctuary Policies & Immigration Federalism: A Dialectic Analysis

42 Pages Posted: 21 Oct 2010  

Pratheepan Gulasekaram

Santa Clara University School of Law

Rose Cuison Villazor

University of California, Davis

Date Written: February 20, 2010

Abstract

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 where we, the authors, engage in a dialectic exchange. Through a fictional conversation, we present the opposing doctrinal views on whether San Francisco’s ordinance is preempted by 8 U.SC. § 1373.19 Agreeing that only one provision of the ordinance potentially faces a preemptive strike, we articulate the underlying doctrinal and theoretical issues facing sanctuary laws specifically and sub-federal immigration regulation generally. Ultimately, through our exchange, we develop how inclusionary measures such as sanctuary laws may survive preemption analysis and exclusionary measures such as bans on rental housing may be invalidated on preemption grounds. In addition, apropos to the focus of this symposium, we assess the impact of any potential comprehensive federal immigration reform on such policies.

Suggested Citation

Gulasekaram, Pratheepan and Villazor, Rose Cuison, Sanctuary Policies & Immigration Federalism: A Dialectic Analysis (February 20, 2010). Wayne Law Review, Vol. 55, No. 4, 2009. Available at SSRN: https://ssrn.com/abstract=1695211

Pratheepan Gulasekaram (Contact Author)

Santa Clara University School of Law ( email )

500 El Camino Real
Santa Clara, CA 95053
United States
408.554.4188 (Phone)

Rose Cuison Villazor

University of California, Davis ( email )

One Shields Avenue
Davis, CA 95616
United States

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