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- Title
DEVOLUTION OR EVOLUTION? THE INCREASING ROLE OF THE STATE IN IMMIGRATION LAW ENFORCEMENT.
- Authors
Venbrux, Greg K.
- Abstract
Immigration reform emerged as a hot topic of contemporary political discourse following the terrorist attacks of September 11, 2001. This debate has often centered on addressing the perceived lack of manpower in the enforcement of federal immigration laws, Recent bills, including the Clear Law Enforcement for Criminal Alien Removal Act (CLEAR Act) and the Homeland Security Enhancement Act (HSEA), include provisions that would authorize state and local officials to arrest, investigate, and participate in the detection and removal of unlawfully present non-citizens. This comment addresses the transitional state of U.S. immigration policy as it shifts from being the exclusive domain of the federal government to a collaborative effort among federal, state, and local police authorities. The historical background of federal power over immigration law under the plenary power doctrine is discussed, followed by an analysis of the recent expansion of state roles in immigration law enforcement. In addition, this paper includes a brief analysis of various proposals, such as the CLEAR Act and the HSEA, that would expand the role of state and local police in the enforcement of immigration law.
- Subjects
UNITED States; IMMIGRATION law; SEPTEMBER 11 Terrorist Attacks, 2001; LEGAL status of undocumented immigrants; FEDERAL government; LOCAL government
- Publication
UCLA Journal of International Law & Foreign Affairs, 2006, Vol 11, Issue 2, p307
- ISSN
1089-2605
- Publication type
Article