IN THE SHADOW OF ARTICLE I: APPLYING A DORMANT COMMERCE CLAUSE ANALYSIS TO STATE LAWS REGULATING ALIENS

State laws regulating aliens are increasing in number and scope. Yet the current doctrinal approaches to assessing the constitutionality of these laws fail to provide a predictable or desirable framework for distinguishing between permissible and impermissible state regulation of aliens. This Note,...

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Bibliographic Details
Published in:New York University law review (1950) 2007-12, Vol.82 (6), p.1821
Main Author: Delaney, Erin F
Format: Article
Language:English
Subjects:
Immigration
Immigration policy
Noncitizens
State laws
State regulation
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Summary:State laws regulating aliens are increasing in number and scope. Yet the current doctrinal approaches to assessing the constitutionality of these laws fail to provide a predictable or desirable framework for distinguishing between permissible and impermissible state regulation of aliens. This Note, by analogizing to the Dormant Commerce Clause doctrine, aims to offer another approach to reviewing state laws regulating aliens-one that takes into consideration the state-to-state dimension of the national interests at stake in immigration law and policy, and that may provide a better means of addressing animus-based state laws. [PUBLICATION ABSTRACT]
ISSN:0028-7881