State Efforts To Deter Unauthorized Aliens
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Author | : Michael John Garcia |
Publisher | : DIANE Publishing |
Total Pages | : 27 |
Release | : 2010-09 |
Genre | : Social Science |
ISBN | : 1437933203 |
On April 23, 2010, Arizona enacted S.B. 1070, which is designed to discourage and deter the entry or presence of aliens who lack lawful status under fed. immigrat. law. It requires state and local law enforce. officials to facilitate the detection of unauthor. aliens in their daily activities. The enactment of S.B. 1070 has sparked significant legal and policy debate. Contents: (1) Background; (2) Major Provisions of S.B. 1070; (3) Overview of Preemption: State Enforce. of Immigrat. Law; Criminalization of Immigrat.-Related Conduct; Criminalizing Hiring of Persons Picked on Roadways; Criminalizing Alien Smuggling; Criminalizing Viol. of Fed. Alien Reg¿n. Require.; Criminalizing the Solicitation or Performance of Work by Unauthorized Aliens; (4) Racial Profiling Issues.
Author | : Michael John Garcia |
Publisher | : BiblioGov |
Total Pages | : 30 |
Release | : 2013-07 |
Genre | : Arizona |
ISBN | : 9781289212636 |
In recent decades, Congress has increasingly focused federal immigration policy on the daily incidents of alien residency. Concomitantly, Congress has enlarged the opportunities for states to become involved in enforcing immigration law. S.B. 1070 is in the vanguard of testing the legal limits of these increased opportunities, though H.B. 2162 modified some of its more legally ambitious efforts. To a large extent, the legal fate of Arizona's attempts to supplement federal immigration enforcement efforts may depend on how its individual provisions are implemented. Until then, it may be difficult to determine whether Arizona's assertion of concurrent authority to affect unauthorized immigration is regarded as complementing federal efforts or as being counterproductive to them. At least some other states and localities that see themselves as heavily impacted by unauthorized immigration likely will join Arizona on any new ground that S.B. 1070 establishes. And this potential for diverse and possibly fragmented immigration enforcement doubtless will be among the many issues considered by the courts as legal challenges to S.B. 1070 proceed.
Author | : Michael John Garcia |
Publisher | : |
Total Pages | : 24 |
Release | : 2010 |
Genre | : Arizona |
ISBN | : |
In recent decades, Congress has increasingly focused federal immigration policy on the daily incidents of alien residency. Concomitantly, Congress has enlarged the opportunities for states to become involved in enforcing immigration law. S.B. 1070 is in the vanguard of testing the legal limits of these increased opportunities, though H.B. 2162 modified some of its more legally ambitious efforts. To a large extent, the legal fate of Arizona's attempts to supplement federal immigration enforcement efforts may depend on how its individual provisions are implemented. Until then, it may be difficult to determine whether Arizona's assertion of concurrent authority to affect unauthorized immigration is regarded as complementing federal efforts or as being counterproductive to them. At least some other states and localities that see themselves as heavily impacted by unauthorized immigration likely will join Arizona on any new ground that S.B. 1070 establishes. And this potential for diverse and possibly fragmented immigration enforcement doubtless will be among the many issues considered by the courts as legal challenges to S.B. 1070 proceed.
Author | : |
Publisher | : DIANE Publishing |
Total Pages | : 28 |
Release | : 2009 |
Genre | : Emigration and immigration law |
ISBN | : 1437981305 |
This report discusses the constitutional issues raised by state and local laws intended to deter the presence of unauthorized aliens by limiting their access to housing, employment, and public benefits, as well as the implications that federal civil rights statutes might have for the implementation and enforcement of these laws. It also discusses recent federal court cases addressing the constitutionality of such measures.
Author | : Andorra Bruno |
Publisher | : DIANE Publishing |
Total Pages | : 26 |
Release | : 2010-10 |
Genre | : Law |
ISBN | : 1437932908 |
Contents: (1) Introduction; (2) Demographics of Unauthorized Population: Period of Arrival; Region of Birth; States of Residence; Demographic and Family Characteristics; Labor Force Participation; (3) Current Law: Restrictions on Unauthorized Aliens: Inadmissibility; Removal; Penalties; U.S. Employment; Other Restrictions; Relief for Unauthorized Aliens: Cancellation of Removal; Adjustment of Status; Registry; Asylum; (4) Policy Options: Departure of Unauthorized Aliens: Removal; Attrition Through Enforcement; Legal Status for Unauthorized Aliens: Updating INA Provisions; Establishing New Mechanisms: Targeted Population; Establishing New Mechanisms: General Population; (5) Conclusion. Charts and tables.
Author | : Kate M. Manuel |
Publisher | : |
Total Pages | : |
Release | : 2016 |
Genre | : Emigration and immigration law |
ISBN | : |
States and localities can have significant interest in the manner and extent to which federal officials enforce provisions of the Immigration and Nationality Act (INA) regarding the exclusion and removal of unauthorized aliens. Some states and localities, concerned that federal enforcement disrupts families and communities, or infringes upon human rights, have adopted 'sanctuary' policies limiting their cooperation in federal efforts. Other states and localities, in contrast, concerned about the costs of providing benefits or services to unauthorized aliens, or such aliens settling in their communities, have adopted measures to deter unauthorized aliens from entering or remaining within their jurisdiction. In some cases, such states or localities have also sued to compel federal officials to enforce the INA and other relevant laws.
Author | : United States. Department of Justice |
Publisher | : |
Total Pages | : |
Release | : 1988 |
Genre | : Justice, Administration of |
ISBN | : |
Author | : Congressional Research Service |
Publisher | : Createspace Independent Publishing Platform |
Total Pages | : 24 |
Release | : 2017-04-06 |
Genre | : |
ISBN | : 9781545196731 |
The federal government is vested with the exclusive power to create rules governing which aliens may enter the United States and which aliens may be removed. However, the impact of alien migration, whether lawful or unlawful, is arguably felt most directly in the communities where aliens reside. State and local responses to unlawfully present aliens within their jurisdictions have varied considerably, particularly as to the role that state and local police should play in enforcing federal immigration law. While some states and municipalities actively participate in or cooperate with federal immigration enforcement efforts, others have actively opposed federal immigration authorities' efforts to identify and remove certain unlawfully present aliens within their jurisdictions. Entities that have adopted such policies are sometimes referred to as "sanctuary" jurisdictions. There is no official, formal, or agreed-upon definition of what constitutes a "sanctuary" jurisdiction, and there has been debate as to whether the term applies to particular states and localities. Moreover, state and local jurisdictions might have varied reasons for opting not to cooperate with federal immigration enforcement efforts, including for reasons not necessarily motivated by disagreement with federal policies, such as concern about potential civil liability or the costs associated with assisting federal efforts. Having said that, traditional sanctuary policies are often described as falling under one of three categories. First, so-called "don't enforce" policies generally bar the state or local police from assisting federal immigration authorities. Second, "don't ask" policies generally bar certain state or local officials from inquiring into a person's immigration status. Third, "don't tell" policies typically restrict information sharing between state or local law enforcement and federal immigration authorities. This report provides examples of various state and local laws and policies that fall into one of these sanctuary categories. The report also discusses federal measures designed to counteract sanctuary policies. For instance, Section 434 of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) and Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) were enacted to curb state and local restrictions on information sharing with federal immigration authorities. Additionally, the report discusses legal issues relevant to sanctuary policies. In particular, the report examines the extent to which states, as sovereign entities, may decline to assist in federal immigration enforcement and the degree to which the federal government can stop state measures that undermine federal objectives in a manner that is consistent with the Supremacy Clause and the Tenth Amendment. Indeed, the federal government's power to regulate the immigration and status of aliens within the United States is substantial and exclusive. Under the doctrine of preemption, derived from the Supremacy Clause, Congress may invalidate or displace state laws pertaining to immigration. This action may be done expressly or impliedly, for instance, when federal regulation occupies an entire field or when state law interferes with a federal regulatory scheme. However, not every state or local law related to immigration is preempted by federal law, especially when the local law involves the police powers to promote public health, safety, and welfare reserved to the states via the Tenth Amendment. Further, the anti-commandeering principles derived from the Tenth Amendment prohibit the federal government from directing states and localities to implement a federal regulatory program, like immigration.
Author | : Bryan Roberts |
Publisher | : Council on Foreign Relations |
Total Pages | : 76 |
Release | : 2013-05-01 |
Genre | : Political Science |
ISBN | : 0876095562 |
The authors examine U.S. efforts to prevent illegal immigration to the United States. Although the United States has witnessed a sharp drop in illegal border crossings in the past decade alongside an enormous increase in government activities to prevent illegal immigration, there remains little understanding of the role enforcement has played. Better data and analyses to assist lawmakers in crafting more successful policies and to support administration officials in implementing these policies are long overdue.
Author | : Andorra Bruno |
Publisher | : |
Total Pages | : 18 |
Release | : 2014 |
Genre | : Emigration and immigration law |
ISBN | : |
The unauthorized immigrant (illegal alien) population in the United States is a key and controversial immigration issue. Competing views on how to address this population have been, and continue to be, a major obstacle to enacting immigration reform legislation. Over the years, a range of options has been offered for addressing the unauthorized resident population. It is unknown, at any point in time, how many unauthorized aliens are in the United States; what countries they are from; when they came to the United States; where they are living; and what their demographic, family, and other characteristics are. Demographers develop estimates about unauthorized aliens using available survey data on the U.S. foreign-born population and other methods. These estimates can help inform possible policy options to address the unauthorized alien population. In most cases, the ultimate goal is to reduce the number of aliens in the United States who lack legal status. In recent years, a variety of proposals have been put forth to grant some type of legal status to some portion of the unauthorized population. Some of these options would use existing mechanisms under immigration law to grant legal status. Others would establish new legalization programs. Some would benefit a particular subset of the unauthorized population, such as students or agricultural workers, while others would make relief available more broadly.