Wednesday, May 13, 2015
Immigration Article of the Day: Immigration Law by Proxy: The Case of Colorado’s Human Smuggling Crime by César Cuauhtémoc García Hernández
Immigration Law by Proxy: The Case of Colorado’s Human Smuggling Crime by César Cuauhtémoc García Hernández, Capital University Law School; University of Denver Sturm College of Law May 5, 2015 Denver University Law Review, Vol. 92, p. 41, 2015 U Denver Legal Studies Research Paper No. 15-21
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.