Immigration Law by Proxy: The Case of Colorado’s Human Smuggling Crime

9 Pages Posted: 5 May 2015

Date Written: May 5, 2015

Abstract

Despite the federal government’s well known expansive reach in creating and enforcing immigration law, the states retain substantial authority to play an important role in migrants’ lives. Through their traditional powers to adopt criminal statutes and police their communities, states can indirectly — but intentionally — inject themselves into the incidents of ordinary life as a migrant. Colorado’s human smuggling statute, currently being challenged before the state supreme court, illustrates this type of state regulation of migration. This essay addresses the statute’s reach, its shaky constitutional footing, and places it in a broader context in which states criminalize immigration-related activity.

Suggested Citation

García Hernández, César Cuauhtémoc, Immigration Law by Proxy: The Case of Colorado’s Human Smuggling Crime (May 5, 2015). Denver University Law Review, Vol. 92, p. 41, 2015, U Denver Legal Studies Research Paper No. 15-21, Available at SSRN: https://ssrn.com/abstract=2602896

César Cuauhtémoc García Hernández (Contact Author)

Ohio State University College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

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