The Summer of ’10: Federal Power, Local Autonomy, and the Struggle over Immigration Policy

Origins at eHistory

This summer, Arizona's efforts to implement a controversial new local immigration statute fueled passions and mobilized all sides of the immigration debate. For the moment, the law remains in limbo after the United States filed suit and the U.S. District Court enjoined the most significant provisions of the new law. As Americans struggle to define a twenty-first century immigration policy, Yale Law Professor Michael J. Wishnie examines the long history of disagreements over immigration measures between the federal government and the states (and among the states). The history tells us, Wishnie finds, that many punitive state laws are likely to be struck down by the courts. But, the local conflicts themselves will likely pressure Congress to reform the U.S.'s antiquated immigration statutes.