Welcome to Hazleton ("Illegal" Immigrants Beware): Local Employment Immigration Ordinances and What the Federal Government Must Do About It
Year: 2007
Type: article
Abstract: Karla Mari McKanders* INTRODUCTION 3 I. TAKING MATTERS INTO THEIR OWN HANDS: MUNICIPALITIES REGULATING IMMIGRATION 6 A. “Third World Cesspool”: Hazleton’s Story 8 B. California Impetus for Municipal Legislation: The Progression of Municipal Legislation 12 II. FEDERAL ENCOURAGEMENT TO REGULATE WHERE THE FEDERAL GOVERNMENT FALLS SHORT 14 A. Federal Encouragement 14 B. Hazleton’s Unconstitutional Immigration and Reform Act Versus the Federal Immigration Reform and Control Act 18 III. CHALLENGING STATUTES: PREEMPTION FRAMEWORK 20 A. Preemption Doctrine 20 B. Preemptive Language in the Immigration Reform and Control Act 24 1. Plenary Powers Doctrine: Congress Has Unfettered Discretion to Broadly Regulate Immigration 26 2. Immigration Law and Regulations are Too Complex for Municipal and Federal Law to Coexist 29 IV. IMPLICATIONS OF MUNICIPAL ORDINANCES ON IMMIGRATION REGULATION 35 A. Discrimination Against Documented Workers Results When Local Government Attempts to Regulate the Employment of Undocumented Workers 35
Source: bepress Legal Repository
Author: Karla Mari McKanders
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W3124123479