Saturday, May 3, 2014
Immigration Article of the Day: Immigration and Cooperative Federalism: Toward a Doctrinal Framework by Ming Hsu Chen
Immigration and Cooperative Federalism: Toward a Doctrinal Framework by Ming Hsu Chen University of Colorado Law School; University of Colorado, Boulder - Political Science May 2, 2014 85 University of Colorado Law Review 101 (2014)
Abstract: What can the new federalism teach us about what is happening in immigration law? The changing relationship of federal-state government in the regulation of immigrants has led to the creation of “immigration federalism” as a field of scholarship. Most of this scholarly attention has been directed at resisting restrictionist legislation that encourages vigorous law enforcement against undocumented immigrants.In light of this shifting landscape, this Essay attempts to advance the discussion beyond the normative dimension of immigration federalism—whether states should be involved in the enterprise—to consider how states can be involved.