Papers, Please: Does the Constitution Permit the States a Role in Immigration Enforcement?Harvard Journal of Law & Public Policy (2012)
This Essay explores the legal challenges two immigration bills, Arizona’s 2010 S.B. 1070 and Alabama’s 2011 H.B. 56, and addresses how the Department of Justice (DOJ) fundamentally misunderstands the nature of state sovereignty and federalism, and concludes that, with the possible exception of one provision of the Arizona law, the states are acting well within their authority to protect the health, safety, and welfare of their residents without intruding on the plenary power over immigration and naturalization that the U.S. Constitution vests in Congress.
- state sovereignty,
- separation of powers,
- plenary power
Citation InformationJohn C. Eastman, Papers, Please: Does the Constitution Permit the States a Role in Immigration Enforcement?, 35 HARV. J. L. & PUB. POL’Y 569 (2012).