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Legal Commentary

: JURIST - Hotline

Federal preemption not an issue in Arizona immigration law

By Brandy Ringer

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Jon Feere [Legal Policy Analyst, Center for Immigration Studies]: "States regularly assist the federal government in making sure federal laws and regulations in a whole host of areas are followed. The feds generally welcome the support. But when it comes to immigration, the Obama administration has signaled opposition to states that wish to provide assistance. The administration argues that states are preempted from getting involved in immigration policy, but this argument is overbroad and ultimately incorrect. Under the U.S. Constitution, states are preempted from unilaterally admitting an alien into the country and from unilaterally deporting an alien from the country, as Congress has the power to establish a "uniform Rule

Full post as published by JURIST - Hotline on November 05, 2010 (boomark / email).

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