31 Pages Posted: 25 Jul 2011 Last revised: 4 Jun 2013
Date Written: July 25, 2011
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.
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
Suggested Citation: 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: https://ssrn.com/abstract=1894900 or http://dx.doi.org/10.2139/ssrn.1894900