The Constitutional Dimension of Immigration Federalism

In Farmers Branch, Texas, the city council enacted a measure to fine landlords who rent their premises to unauthorized migrants,' and in Arizona, the state legislature passed a law imposing stiff penalties on employers who intentionally or knowingly hire unauthorized migrants. In San Francisco, the board of supervisors passed a measure that bars law enforcement officers from inquiring into the immigration status of an individual in the course of a criminal investigation. In Alabama and Florida, state officials have entered into agreements with the federal government permitting state law enforcement officers to arrest and detain non-citizens on immigration charges. Other examples of non-federal involvement in immigration abound.

Although these efforts vary in type and political orientation, increased state and local involvement in immigration-often referred to as "immigration federalism"--is one of the most important developments in immigration policy.