Immigrant Laws, Obstacle Preemption and the Lost Legacy of McCulloch

"With Congress’ perceived failure to enforce the immigration laws as a backdrop, this paper explores how the Supreme Court’s recent decision in Chamber of Commerce v.Whiting upholding the Legal Arizona Workers Act exposes some of the tensions and contradictions in modern preemption...

Patchwork Immigration Laws and Federal Enforcement Priorities

"Notwithstanding efforts by some to paint the decision as a victory for states’ rights, the Supreme Court’s decision in Arizona was largely a reaffirmation of federal supremacy with regard to the immigration power and a warning call to states to refrain from copycat laws. While it recognized...

Arizona Dreamin’: Patchwork Laws, Twilight Status, and Federal Enforcement Priorities

"It appears that President Obama’s decision to grant relief to the Dreamers was passed in anticipation of the Court’s decision in Arizona. The various opinions and the context in which the case was decided thus raise important issues regarding what is federal immigration “law”...

Obama's Ruby Slippers: Enforcement Discretion in the Absence of Immigration Reform

"This article explores how Deferred Action for Childhood Arrivals (DACA) emerged both from thwarted efforts at immigration reform and the Supreme Court’s highly anticipated decision in Arizona v. United States. I argue that DACA not only was adopted in response to repeated failed efforts to...

The (Aristotelian) Rhetoric of Immigration Reform

"While supporters of the DREAM Act and CIR offer powerful moral and policy arguments for providing a pathway to citizenship to many of the 11 million undocumented immigrants in the United States, opponents continue to make inroads by offering up the strongest rhetorical arguments. These rhetorical...

A Texas Border Militiaman Reconsiders The Mission

"For three years, Gilbert devoted almost all of his free time to chasing down undocumented immigrants in South Texas, a weekend warrior with a call of duty to secure the border. But Gilbert saw something in the brush that he hadn’t expected—ordinary human beings struggling, surviving...