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Immigration Federalism as Ideology: Lessons from the States

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  • Lina Newton

    (Political Science Department, Hunter College, CUNY, 695 Park Avenue, New York, NY 10065, USA)

Abstract

Over the last decade states passed hundreds of immigration bills covering a range of policy areas. This article considers the recent state legislative surge against scholarly treatments of immigration federalism, and identifies the symbolic politics in state lawmaking. The analysis combines a historical treatment of key court decisions that delineated boundaries of state and federal immigration roles with a legislative analysis of over 2200 immigration bills passed between 2006 and 2013, to identify the numerous ways in which national immigration policy shapes state measures. It argues that recent laws must be considered against symbolic federalism which privileges state sovereignty and justifies social policy devolution by advancing frames of intergovernmental conflict, state-level policy pragmatism, and federal ineffectiveness.

Suggested Citation

  • Lina Newton, 2015. "Immigration Federalism as Ideology: Lessons from the States," Laws, MDPI, vol. 4(4), pages 1-26, November.
    • Handle: RePEc:gam:jlawss:v:4:y:2015:i:4:p:729-754:d:59424
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    References listed on IDEAS

    as
    1. Lina Newton & Brian E. Adams, 2009. "State Immigration Policies: Innovation, Cooperation or Conflict?," Publius: The Journal of Federalism, CSF Associates Inc., vol. 39(3), pages 408-431, Summer.
    2. Patrick S. Roberts, 2008. "Dispersed Federalism as a New Regional Governance for Homeland Security," Publius: The Journal of Federalism, CSF Associates Inc., vol. 38(3), pages 416-443, Summer.
    3. Priscilla M. Regan & Christopher J. Deering, 2009. "State Opposition to REAL ID," Publius: The Journal of Federalism, CSF Associates Inc., vol. 39(3), pages 476-505, Summer.
    4. Gary Reich & Jay Barth, 2012. "Immigration Restriction in the States: Contesting the Boundaries of Federalism?," Publius: The Journal of Federalism, CSF Associates Inc., vol. 42(3), pages 422-448, July.
    Full references (including those not matched with items on IDEAS)

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