Presentation Title

Immigration Federalism: Sanctuaries and State Citizenship

Student Presenter(s) and Advisor

Hogan Aguayo, Lake Forest CollegeFollow

Location

Skybox

Abstract

This paper outlines a procedural exploration and defense of sanctuary city policy and inclusively minded policies directed towards undocumented immigrants. Using state rights arguments enshrined by the Tenth Amendment and Supreme Court precedent, I demonstrate the constitutionality of sanctuary cities. While "restrictionist" policies such as Arizona’s Senate Bill 1070 have been federally preempted, "integrationist" policies such as San Francisco’s sanctuary ordinances have been untouched by federal preemption and/or judicial oversight. I explore the preemption doctrine and explain why these two seemingly contradictory results are consistent with American constitutional law and practice.

Presentation Type

Individual Presentation

Start Date

4-10-2018 1:00 PM

End Date

4-10-2018 2:15 PM

Panel

Social Justice

Panel Moderator

Evan Oxman

Field of Study for Presentation

Politics, Latin American Studies, Social Justice, Legal Studies

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Apr 10th, 1:00 PM Apr 10th, 2:15 PM

Immigration Federalism: Sanctuaries and State Citizenship

Skybox

This paper outlines a procedural exploration and defense of sanctuary city policy and inclusively minded policies directed towards undocumented immigrants. Using state rights arguments enshrined by the Tenth Amendment and Supreme Court precedent, I demonstrate the constitutionality of sanctuary cities. While "restrictionist" policies such as Arizona’s Senate Bill 1070 have been federally preempted, "integrationist" policies such as San Francisco’s sanctuary ordinances have been untouched by federal preemption and/or judicial oversight. I explore the preemption doctrine and explain why these two seemingly contradictory results are consistent with American constitutional law and practice.