Wednesday, September 28, 2022

Immigration Article of the Day: 2021 Survey of Illinois Law: Ending Immigration Detention and Expanding Immigrant Protections by Cindy Galway Buys

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2021 Survey of Illinois Law: Ending Immigration Detention and Expanding Immigrant Protections by Cindy Galway Buys, Southern Illinois University Law Journal, Forthcoming

Abstract

This article summarizes recent pro-immigrant legislation in Illinois and highlights a brewing federal circuit court split over limits on immigration detention by states. Part I of the article discusses the constitutionality of the Illinois Way Forward Act, which prohibits state and local governments from entering into contracts with the federal government to house immigrant detainees. The constitutionality of the Act was challenged in McHenry Co. v. Raoul, a case which is pending in the Seventh Circuit Court of Appeals as of this writing. The case raises issues of federalism, preemption, and anti-commandeering. Part II of the article summarizes other recent Illinois pro-immigrant legislation and the impact on present-day public policy issues.

KJ

https://lawprofessors.typepad.com/immigration/2022/09/immigration-article-of-the-day-2021-survey-of-illinois-law-ending-immigration-detention-and-expandin.html

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