Thread: The Constitutionality of State and Local Laws Targeting Immi

The Constitutionality of State and Local Laws Targeting Immigrants: Saturday Evening Review
What power do state and local governments have to regulate or enforce laws relating to immigration? This question is a recurring one, even as the federal government attempts immigration reform.

In her new article, The Constitutionality of State and Local Laws Targeting Immigrants,
available on ssrn here and forthcoming in University of Arkansas Little Rock Law Review, Professor Karla Mari McKanders of University of Tennessee (photo below), argues that

The practice of employing state and municipal laws to exclude immigrants should be discontinued. . . . . If states and localities are permitted to enact immigration laws, our country will have fifty different iterations of pro- and anti- immigrant laws. This will also cause state and local governments across the country to compete with each other to see who can pass laws to exclude immigrants from their states, so they will not have to address any issues that come along with migration and integrating immigrants into their communities. This will essentially result in a downward spiral of states with laws that exclude (a race to the bottom) as states and localities attempt to enact laws which result in immigrants relocating or self-deporting.


McKanders analyzes the various (and contrary) federal decisions, noting that the federal courts take two main positions: (1) when states act pursuant to their police powers, state laws that affect immigration are not per se preempted; and (2) the INA establishes a comprehensive scheme that preempts state and local laws that target or affect immigrants. She concentrates on Chicanos Por La Causa, Inc. v. Napolitano, 544 F.3d 976 (9th Cir. 200, and Lozano v. City of Hazleton, 496 F. Supp. 2d 477, 540-41 (M.D. Pa. 2007), but also discusses the important Eleventh Circuit case Young Apartments, Inc. v. Town of Jupiter, 529 F.3d 1027 (11th Cir. 200, as well as several others.





This paper was prepared for a Symposium at University of Arkansas-Little Rock on “cause lawyering,â€

The practice of employing state and municipal laws to exclude immigrants should be discontinued. . . . . If states and localities are permitted to enact immigration laws, our country will have fifty different iterations of pro- and anti- immigrant laws. This will also cause state and local governments across the country to compete with each other to see who can pass laws to exclude immigrants from their states, so they will not have to address any issues that come along with migration and integrating immigrants into their communities. This will essentially result in a downward spiral of states with laws that exclude (a race to the bottom) as states and localities attempt to enact laws which result in immigrants relocating or self-deporting



Oh I see.....as opposed to the downward spiral manifesting itself in CA right now..... resulting from laws and policies not "excluding" illegal immigrants, right?

I swear, these people need to quit writing this stuff when they're high

The practice of employing state and municipal laws to exclude immigrants should be discontinued. . . . . If states and localities are permitted to enact immigration laws, our country will have fifty different iterations of pro- and anti- immigrant laws. This will also cause state and local governments across the country to compete with each other to see who can pass laws to exclude immigrants from their states, so they will not have to address any issues that come along with migration and integrating immigrants into their communities. This will essentially result in a downward spiral of states with laws that exclude (a race to the bottom) as states and localities attempt to enact laws which result in immigrants relocating or self-deporting.

Well, it's not too hard to see that she's pro amnesty and open borders. I guess she forgot the read the part where states have the right to protect their own borders.

State and local governments control their own purse strings, and if they pass an ordinance on students to qualify for community colleges or universities, they can put whatever stipulations on the terms of acceptance they want, because the state or community will help pay for the school.
This pseudo-scholar has apparently failed to realize the connection between the power of the state and the balanced buget requirements they all have, and for which they must make laws. In the college example, they can stipulate that no state aid will be given to multi-billionaires and no one screams discrimination.

The practice of employing state and municipal laws to exclude immigrants should be discontinued. . . . . If states and localities are permitted to enact immigration laws, our country will have fifty different iterations of pro- and anti- immigrant laws. This will also cause state and local governments across the country to compete with each other to see who can pass laws to exclude immigrants from their states, so they will not have to address any issues that come along with migration and integrating immigrants into their communities. This will essentially result in a downward spiral of states with laws that exclude (a race to the bottom) as states and localities attempt to enact laws which result in immigrants relocating or self-deporting.

What a frigging nut isn't that the point?? them self deporting? God grant me the serenity...etc. etc. I just can not handle these stupid people.

[quote="SOSADFORUS"][quote]The practice of employing state and municipal laws to exclude immigrants should be discontinued. . . . . If

What a frigging nut isn't that the point?? them self deporting? God grant me the serenity...etc. etc. I just can not handle these stupid people.[/quote]







I got you a present SoSad.......enjoy!!!








Gosh I just love that little Bunny!! She has told soooooo many soooooo much on my behalf

Originally Posted by azwreath

Originally Posted by SOSADFORUS

The practice of employing state and municipal laws to exclude immigrants should be discontinued. . . . . If

What a frigging nut isn't that the point?? them self deporting? God grant me the serenity...etc. etc. I just can not handle these stupid people.[/quote]







I got you a present SoSad.......enjoy!!!








Gosh I just love that little Bunny!! She has told soooooo many soooooo much on my behalf

I agree, smart bunny!!