The New Immigration Federalism
Cambridge University Press, 9/15/2015
EAN 9781107111967, ISBN10: 110711196X
Hardcover, 280 pages, 23.5 x 15.7 x 2 cm
Language: English
Since 2004, the United States has seen a flurry of state and local laws dealing with unauthorized immigrants. Though initially restrictionist, these laws have recently undergone a dramatic shift toward promoting integration. How are we to make sense of this new immigration federalism? What are its causes? And what are its consequences for the federal-state balance of power? In The New Immigration Federalism, Professors Pratheepan Gulasekaram and S. Karthick Ramakrishnan provide answers to these questions using a mix of quantitative, historical, and doctrinal legal analysis. In so doing they refute the popular 'demographic necessity' argument put forward by anti-immigrant activists and politicians. Instead, they posit that immigration federalism is rooted in a political process that connects both federal and subfederal actors: the Polarized Change Model. Their model captures not only the spread of restrictionist legislation but also its abrupt turnaround in 2012, projecting valuable insights for the future.
1. Introduction
2. Setting the stage for the new immigration federalism
3. Rise of restrictive legislation and demographic arguments of 'vital necessity'
4. A political theory of immigration federalism
the polarized change model and restrictive issue entrepreneurs
5. A shifting tide in 2012
pro-integration activists gain the upper hand
6. Implications for legal theory on federalism and immigration law
7. Immigration federalism is here to stay
Appendix A
statistical analysis of restrictive local ordinances
Appendix B
statistical analysis of restrictive state laws
Appendix C
statistical analysis of state immigrant integration laws.