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Unpublished Paper
Explaining the Rise of State and Local Immigration Laws
ExpressO (2012)
  • Pratheepan Gulasekaram, Santa Clara University School of Law
Abstract
This Article provides a systematic empirical investigation of the genesis of state and local immigration regulations, discrediting the popular notion that they are caused by uneven demographic pressures across the country. Instead, we find systematic evidence for the significance of political contexts such as the strength of political parties in states and localities. The story we tell in this paper is both political and legal: understanding immigration politics uncovers vital truths about the recent rise of subnational involvement in a policy arena courts and commentators have traditionally ascribed to the federal government. This recognition of the political dynamics of immigration law, we argue, fundamentally alters judicial, scholarly, and public evaluations of immigration federalism.
Keywords
  • immigration,
  • federalism,
  • politics,
  • state and local laws,
  • preemption,
  • demographics,
  • illegal immigration
Disciplines
Publication Date
April 26, 2012
Citation Information
Pratheepan Gulasekaram. "Explaining the Rise of State and Local Immigration Laws" ExpressO (2012)
Available at: http://works.bepress.com/pratheepan_gulasekaram/1/