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States & Federal Immigration Law - Limitation & Enforcement Policies (Hardcover)
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States & Federal Immigration Law - Limitation & Enforcement Policies (Hardcover)
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While the power to prescribe rules as to which aliens may enter the
United States and which aliens may be removed resides solely with
the federal government, the impact of alien migration -- whether
lawful or unlawful -- is arguably felt most directly in the
communities where aliens settle. State and local responses to
unlawfully present aliens within their jurisdictions have varied
considerably, particularly as to the role that state and local
police should play in enforcing federal immigration law. Some
states, cities, and other municipalities have sought to play an
active role in immigration enforcement efforts. However, others
have been unwilling to assist the federal government in enforcing
measures that distinguish between residents with legal immigration
status and those who lack authorisation under federal law to be
present in the United States. In some circumstances, these
jurisdictions have actively opposed federal immigration
authorities' efforts to identify and remove certain unlawfully
present aliens within their jurisdictions. This book discusses
legal issues related to state and local measures that limit law
enforcement cooperation with federal immigration authorities. It
provides a brief overview of the constitutional principles
informing the relationship between federal immigration authorities
and state and local jurisdictions, including the federal
government's power to preempt state and local activities under the
Supremacy Clause, and the Tenth Amendment's proscription against
Congress directly "commandeering" the states to administer a
federally enacted regulatory scheme. It also discusses various
types of measures adopted or considered by states and localities to
limit their participation in federal immigration enforcement
efforts; discusses the authority of state and local law enforcement
to assist in the enforcement of federal immigration law through the
investigation and arrest of persons believed to have violated such
laws; and describes federal statutes.
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