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Taking Immigration Federalism Seriously
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Peter H. Schuck
Published/Copyright:
October 12, 2009
Largely because of the immense shadow cast by the plenary power doctrine, immigration policy is overwhelmingly the domain of federal law. This article casts doubt on some of the premises of this legal centralism, including the myth of greater state hostility to immigrants and calls on Congress to delegate greater authority to the states in several areas of immigration policy: employment-based admissions, enforcement, and employer sanctions. A concluding section analyzes the legal standards that states must meet in order to overcome federal preemption challenges to their immigration-related statutes.
Keywords: immigration; federalism
Published Online: 2009-10-12
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
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- The Politics of Immigration Reform
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- Navigating an American Minefield: The Politics of Illegal Immigration
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- Immigration & Immigration Reform in the United States: An Outsider's View
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- Review
- Review of Reflections on the Revolution in Europe: Immigration, Islam, and the West
- Review of America and Its Critics: Virtues and Vices of the Democratic Hyperpower
- A Rebuttal to O'Connor
Articles in the same Issue
- Introduction
- The Politics of Immigration Reform
- Article
- Navigating an American Minefield: The Politics of Illegal Immigration
- Immigration Reform: Strategies for Legislative Action
- Immigration & Immigration Reform in the United States: An Outsider's View
- Taking Immigration Federalism Seriously
- Why "Comprehensive Immigration Reform" Is Not Comprehensive
- Defining the Circle of We: American Identity and Immigration Policy
- Immigration, Diversity, and Welfare Chauvinism
- Making Change: A Six-Month Review
- Do the Strategists Know Something We Don't Know? Campaign Decisions in American Elections
- Review
- Review of Reflections on the Revolution in Europe: Immigration, Islam, and the West
- Review of America and Its Critics: Virtues and Vices of the Democratic Hyperpower
- A Rebuttal to O'Connor
