Putting States Out of the Immigration Law Enforcement Business

Harvard Law and Policy Review, vol. 9.2 (Forthcoming)

Fox School of Business Research Paper No. 15-044

26 Pages Posted: 20 Jan 2015 Last revised: 16 Dec 2016

See all articles by Kevin J. Fandl

Kevin J. Fandl

Temple University - Fox School of Business and Management

Date Written: 2015

Abstract

With more than 11 million unlawfully present immigrants living in the United States in 2014, a recent surge of migrants from violence-stricken countries, and a painfully slow economic recovery, states are rightfully concerned about the impact on their economy, culture and communities. In most matters of economic and cultural import, absent any discrimination, states make their own rules. But not so with immigration. The impact of unlawful immigration on state economies and communities is real, but jurisprudence over the last 150 years has tied the hands of state legislatures attempting to address this impact. I will argue that keeping states out of the immigration law enforcement business is wise public policy. I will examine the role of states in the enforcement of immigration law in light of a string of recent federal cases addressing state and local immigration enforcement laws. I will critique the questionable state justifications for new enforcement powers and explain how they already have adequate powers to protect their job markets and secure their communities against the potential impact of unlawful immigration. I will conclude with brief recommendations for ongoing public policy on immigration law enforcement.

Suggested Citation

Fandl, Kevin J., Putting States Out of the Immigration Law Enforcement Business (2015). Harvard Law and Policy Review, vol. 9.2 (Forthcoming); Fox School of Business Research Paper No. 15-044. Available at SSRN: https://ssrn.com/abstract=2552543

Kevin J. Fandl (Contact Author)

Temple University - Fox School of Business and Management ( email )

Philadelphia, PA 19122
United States
2027255305 (Phone)

HOME PAGE: http://www.globallegaled.com

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