Principles of Federalism and Convictions for Immigration Purposes

36 Immigration and Nationality Law Review 3 (2016)

43 Pages Posted: 28 May 2017 Last revised: 30 Jun 2017

Date Written: 2016

Abstract

In this article, I argue that while Congress possesses broad plenary authority to pass legislation concerning immigration, recent U.S. Supreme Court precedent — most notably the Court’s 2013 decision in United States v. Windsor — signals a rare moment when the judiciary may be receptive to a constitutional challenge to the Immigration and Nationality Act's federal conviction definition.

Suggested Citation

Torrey, Philip, Principles of Federalism and Convictions for Immigration Purposes (2016). 36 Immigration and Nationality Law Review 3 (2016), Available at SSRN: https://ssrn.com/abstract=2974136

Philip Torrey (Contact Author)

Harvard Law School ( email )

6 Everett Street
Suite 3105
Cambridge, MA 02138
United States

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