Immigration Federalism as Ideology: Lessons from the States

Lina Newton
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Lina Newton: Political Science Department, Hunter College, CUNY, 695 Park Avenue, New York, NY 10065, USA

Laws, 2015, vol. 4, issue 4, 1-26

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.

Keywords: immigration federalism; state immigration laws; symbolic politics (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2015
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