ABSTRACT

This chapter analyzes current controversies of immigration federalism within the larger historical, political, and legal framework of immigration federalism in the United States. These issues have continued to affect mainstream political discourse and command the attention of the Supreme Court in high-profile cases which have occurred in the context of popular political movements, extended congressional gridlock, and a large undocumented population. It argues that we are currently during a new phase in immigration federalism; but, that it has likely been institutionalized in ways that are not easily undone even if there is any future comprehensive immigration reform.