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Unforgiving of Those Who Trespass against U.S.

dc.contributor.authorMcKanders, Karla Mari
dc.date.accessioned2019-02-01T21:43:15Z
dc.date.available2019-02-01T21:43:15Z
dc.date.issued2011
dc.identifier.citation12 Loyola Journal of Public Interest Law 331 (2011)en_US
dc.identifier.urihttp://hdl.handle.net/1803/9368
dc.descriptionarticle published in a law journalen_US
dc.description.abstractSince around 2005, states and localities have been using criminal trespass laws to target undocumented immigrants for unlawful presence. Specifically, in April 2010, Arizona passed SB 1070: Support Our Law Enforcement and Safe Neighborhoods Act. SB 1070 creates crimes involving trespassing by “illegal aliens” and harboring or concealing unlawful aliens. This paper argues that state trespass laws that criminalize unlawful presence of immigrants are unconstitutional regulations of immigration and are a preempted exercise of state power. In evaluating the constitutionality of state trespass laws that criminalize immigration status, this paper proceeds in three parts. The first part of the paper details how as a sovereign nation, U.S. laws have excluded undesirable categories of people from admission and have attempted to criminalize specific immigration violations. The second part explains and critiques the sections of SB 1070 that create separate state criminal offenses for violating federal immigration laws - namely unlawful presence or criminal trespass. The third part analyzes the constitutionality of the criminal provisions of SB 1070 that make it a state crime to be unlawfully present in the state in relation to specific provisions of the INA and federal immigration policy. The paper concludes that state trespass laws that criminalize unlawful presence of immigrants and attempt to delegate immigration enforcement to state officials are unconstitutional regulations of immigration and are therefore a preempted exercise of state power.en_US
dc.format.extent1 PDF (35 pages)en_US
dc.format.mimetypeapplication/pdf
dc.language.isoen_USen_US
dc.publisherLoyola Journal of Public Interest Lawen_US
dc.subjectundocumented immigrantsen_US
dc.subjectstate trespass lawsen_US
dc.subjectSB 1070en_US
dc.subject.lcshlawen_US
dc.subject.lcshimmigration lawen_US
dc.titleUnforgiving of Those Who Trespass against U.S.en_US
dc.title.alternativeState Laws Criminalizing Immigration Statusen_US
dc.typeArticleen_US
dc.identifier.ssrn-urihttps://ssrn.com/abstract=1762747


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