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Federalism: Immigration

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Roy Gonzalez

on 24 October 2013

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Transcript of Federalism: Immigration

Federalism: Immigration
Federal Power
Homeland Security Act
$589 billion invested 2001-2011 to fund programs like
U.S Immigration and Customs Enforcement (ICE)
U.S Citizenship and Immigration Services (USCIS)
U.S Customs and Border Protection (CBP)

State Power
Background Info
1607 - Beginning of Colonial Immigration; English Settlers Arrive in America
1619 - Importation of African Slaves Begins
1656 - Anti-Quaker Immigration Popular but Quakers still Immigrate
For a period of several years, beginning with 1656, the records of the Massachusetts Bay Colony, and indeed of all of the New England Colonies, except Rhode Island, are filled with legislation designed to prevent the coming of the Quakers and the spread of their 'accursed tenets.' imprisonment, banishment, and in a few instances capital punishment, were the order of the day.'
1740 - British Parliament Enacts the Plantation Act, Which Serves as Model for Future US Naturalization Acts
1808 - Foreign Slave Trade Becomes Illegal; 50,000 Slaves Become First "Illegal Aliens" in the US
1814-1850 - Native Americans Exempted from Naturalization and Forced from Tribal Land; Slave Populations in Ceded Land Increase Dramatically
Native American Assimilation: The cultural assimilation of Native Americans was an assimilation effort by the United States to transform Native American culture to European
Feb. 1862 - President Lincoln Acts to Prohibit the "Coolie Trade"
legislation outlawed any shipment of Chinese subjects known as 'coolies' abroad to be held to service or labor.
Chinese Exclusion Act of 1882- It was one of the most significant restrictions on free immigration in U.S. history, prohibiting all immigration of Chinese laborers and soon led to the end of Chinese immigration all together
1891 - Congress Establishes the First Federal Administrative Agency for the Regulation of Immigration

States Regulation of Immigration: means a state law or local ordinance that makes a determination who should or should not stay in the country and the conditions under which a legal entrant may remain
state laws regarding immigration are permissible only if acceptable federally on a case by case basis. (SCOTUS)
Current Events
Subsidiarity: the party closest to the problem or in need is the best positioned group to remedy the problem or alleviate the need versus federal power.
Hines v. Davidowitz 312 US 52 (1941)
~ gave rights to the states in respect to the Supremacy Clause of the constitution.
Manigault v. Spring: 199 US, 28, 478, 43-2
state and local policy, powers "an exercise of sovereign of the government to protect the lives, wealth, health, morals, comfort and general welfare of the people"
Important Court Cases
Arizona v. United States (Jan 28, 2012)
allows law enforcement to check registration or documents of detainees before releasing.
(United States v. Whiting)
States Issues
Foreign Affairs
NLRB and Mexican Agreement
U.S agreed to give Mexican workers the same labor rights as American citizens despite legal status

Current Federal and State Powers
The Supreme Court has given the federal government exclusive control over immigration regulation.
State legislatures can add their own reform for their own state, but it can't interfere with federal law.
Federal Regulation of Immigration: means the U.S. Congress has control over all immigration-related regulations, while the White House is in charge of enforcing immigration laws
Supremacy Clause (Article IV Clause 2):based on the constitution and is the supreme law of the land
Preemption: state law may not interfere with Federal law
Necessary and Proper Clause:
The Congress has the power to make all Laws which shall be necessary and proper for carrying into execution because of the Enumerated Powers
California Immigration reform (Gov. Brown)
Arizona Senate Bill 1070
Gang of Eight

Population Opinion
Conservatives want power to lie within the states
Most Democrats and Liberals believe the power should rest in the federal government
General population opinion varies from state to state

Ex. California wants reform to come from the federal government
States Legislators for Legal Immigration
representatives from 30+ states trying to eliminate incentives for undocumented residents.
States have different needs regarding immigration, which makes federal policies hard to push due to the varying nature of states and the inconclusive results that can happen when legislations are implemented.
17th Century
: Beginning of Colonial Immigration

: importation of African Slaves Begin

: Anti-Quaker Immigration

18th Century
1814-1850: Native American Issues.
exempted from naturalization
salve population in ceded land increase dramatically
Native American assimilation
Feb of 1862: President Lincoln Acts to prohibit the "Coolie" Trade
(Chinese Exclusion Act of 1882)
1891: Congress establishes the First Federal Administrative for the Regulation of Immigration
Lani: Believes that immigrations laws, for the most part, are fine. Doesn't believe police officers should pull over people in order to find out their living status. States should have the right to regulate immigration laws, because it impacts each state differently. Each illegal immigrant should be document therefore the system in which an immigrant could get a visa should be improved, but not make it impossible for people in other countries to become a citizen.
Increased Spending On Deportation
Naturalization process
Quota system
Congress Insufficiences Within the Last Decade
Full transcript