How States May Respond to Illegal Immigration
By Rob Natelson, SOURCE: Independence Institute
This essay was first published in the Jan. 8, 2024 Epoch Times.
As unauthorized foreigners continue to flood across the Southern border, state officials continue to cast about for solutions. In normal times, the federal government would remedy the problem. But these are not normal times: The administration of President Joe Biden actually seems to be aiding the influx.
State officials are hampered by a Supreme Court doctrine called “implied federal preemption.” The courts use this doctrine to void some state laws as contradicting federal statutes, even when the federal statutes do not explicitly override them.
For example, the Arizona legislature adopted four measures to address illegal immigration. They were consist...