David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Federal immigration law has evolved from a stepchild of foreign policy to a national legislative and regulatory scheme that intersects with the triumvirate of state power: criminal law, employment law, and welfare. Shifting the locus of immigration law out of the category of foreign affairs and into these domestic spheres casts immigration law into a world infused already with state and local regulation. This Article explores the way in which re-imagining immigration law as a domestic affair is bound to expand subnational control over immigration. Once immigration law is re-imagined as interwoven with these domestic areas of law, state and local governments will seek to regulate it concurrently with the federal government. Domesticating immigration law will as inevitably impact the judges and legislators who pass upon the lawfulness of that subnational involvement. When courts perceive the subnational rule as a regulation of foreign policy, the space permitted for local regulation narrows. When, however, courts view the subnational government as acting within its traditional spheres of power, the local rule stands a much greater chance of surviving. The domestication of immigration law is especially apparent in state and local efforts to address the criminalization of immigration law, or "crimmigration law." The rise of crimmigration law has transformed immigration law from something the federal government is uniquely positioned to control - foreign policy - to something states are experts in - law enforcement. This Article employs history, law and policy to critique the growing trend toward subnational reliance on criminal law to control immigration. It advocates a searching evaluation of the costs of subnational laws that single out noncitizens for criminal sanctions.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
Alessandro Spena (forthcoming). A Just Criminalization of Irregular Immigration: Is It Possible? Criminal Law and Philosophy:1-23.
Similar books and articles
Mathias Risse (2008). On the Morality of Immigration. Ethics and International Affairs 22 (1):25–33.
Matthew Lister (2010). Immigration, Association, and the Family. Law and Philosophy 29 (6):717-745.
Uma Narayan (1995). "Male-Order" Brides: Immigrant Women, Domestic Violence and Immigration Law. Hypatia 10 (1):104 - 119.
Sandra Guerra Thompson, Immigration Law and Long-Term Residents: A Missing Chapter in American Criminal Law.
Kris W. Kobach, Reinforcing the Rule of Law: What States Can and Should Do to Reduce Illegal Immigration.
Added to index2009-01-28
Total downloads11 ( #291,349 of 1,789,933 )
Recent downloads (6 months)1 ( #424,764 of 1,789,933 )
How can I increase my downloads?