Full Description
Since 2004, the United States has seen a flurry of state and local laws dealing with unauthorized immigrants. Though initially restrictionist, these laws have recently undergone a dramatic shift toward promoting integration. How are we to make sense of this new immigration federalism? What are its causes? And what are its consequences for the federal-state balance of power? In The New Immigration Federalism, Professors Pratheepan Gulasekaram and S. Karthick Ramakrishnan provide answers to these questions using a mix of quantitative, historical, and doctrinal legal analysis. In so doing they refute the popular 'demographic necessity' argument put forward by anti-immigrant activists and politicians. Instead, they posit that immigration federalism is rooted in a political process that connects both federal and subfederal actors: the Polarized Change Model. Their model captures not only the spread of restrictionist legislation but also its abrupt turnaround in 2012, projecting valuable insights for the future.
Contents
1. Introduction; 2. Setting the stage for the new immigration federalism; 3. Rise of restrictive legislation and demographic arguments of 'vital necessity'; 4. A political theory of immigration federalism: the polarized change model and restrictive issue entrepreneurs; 5. A shifting tide in 2012: pro-integration activists gain the upper hand; 6. Implications for legal theory on federalism and immigration law; 7. Immigration federalism is here to stay; Appendix A: statistical analysis of restrictive local ordinances; Appendix B: statistical analysis of restrictive state laws; Appendix C: statistical analysis of state immigrant integration laws.
