Chapter

The Integrated Regime of Immigration Regulation

Cristina M. Rodríguez

in Writing Immigration

Published by University of California Press

Published in print January 2011 | ISBN: 9780520267176
Published online March 2012 | e-ISBN: 9780520950207 | DOI: http://dx.doi.org/10.1525/california/9780520267176.003.0003
The Integrated Regime of Immigration Regulation

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This chapter turns to the matter of state and federal mechanisms for regulating migration, citing Arizona's controversial law requiring that “the police check the documents of anyone they stop or detain whom they suspect of being in the country illegally.” During the first three months of 2010, legislators in 45 states introduced 1,180 bills and resolutions relating to immigration; 102 laws have passed compared with 222 in all of 2009. The chapter argues that while the involvement of states and localities in immigration regulation has long been considered legally aberrant, in practice, subfederal activity represents a crucial component of a comprehensive regulatory regime. It explores how the overemphasis on conceptual and regulatory uniformity obscures the potential of policy diversity and federal-state cooperation to address the social and political challenges presented by immigration. It also considers the obligations each level of government owes to the other, as well as how mechanisms of oversight and accountability can be implemented to ensure that the federal-state balance of power remains stable and functional.

Keywords: Arizona; immigration; laws; regulation; cooperation; accountability; oversight; balance of power

Chapter.  7228 words. 

Subjects: Migration Studies

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