Abstract
Arizona’s Support Our Law Enforcement and Safe Neighborhoods Act, popularly known as SB 1070, is the first state law to directly challenge the federal government’s claim of plenary power over enforcement of its immigration law. Arizona’s law is justifiably famous (or notorious) for that accomplishment. But every milestone has its history. This chapter is about that history, specifically the history of Arizona’s efforts to inform the federal government of its concerns as a border state coping with unauthorized immigration.
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Notes
- 1.
A Google search that linked all of the following terms—“frustrated” and “Arizona” and “SB 1070” and “federal government”—produced 62,000 hits.
- 2.
For example, California Governor Pete Wilson submitted a fifty-page document for the record titled “The Unfair Burden” that detailed the costs of unauthorized immigration to the state.
- 3.
- 4.
According to the National Conference of State Legislatures (2011) in 2010 forty-six states and the District of Columbia passed 208 immigration-related laws and adopted 138 resolutions—reflecting a slight rise in activity from 2009.
References
Berman PS (2009) The new legal pluralism. Ann Rev Law Soc Sci 5:225–242
Calavita K (1996) The new politics of immigration: ‘balanced budget conservatism’ and Prop. 187. Soc Probl 43:284–305
Chavez JM, Provine DM (2009) Race and the response of state legislatures to unauthorized immigrants. Ann Am Acad Political Soc Sci 623:78–92
Conlan T (2006) From cooperative to opportunistic federalism: reflections on the half-century anniversary of the commission on intergovernmental relations. Public Adm Rev 66:663–676
Cover R (1981) The uses of jurisdictional redundancy: interest, ideology, and innovation. William Mary Law Rev 22:639–682
Daniels R (2004) Guarding the golden door: American immigration policy and immigrants since 1882. Hill and Wang, New York
Decker SH, Lewis PG, Provine DM, Varsanyi MW (2009) On the frontier of local law enforcement: local police and federal immigration law. In: McDonald W (ed) Immigration, crime and justice. Emerald, Bingley, pp 261–276
Derthick M (2001) Keeping the compound republic. Brookings Institute Press, Washington
Dinan J (2010) State government influence in the congressional policy process: the case of health care legislation in the 111th congress. American Political Science Association, 2010 Annual Meeting Paper. Available at SSRN: http://ssrn.com/abstract=1643301
Filindra A, Tichenor DJ (2008) Beyond myths of federal exclusivity: regulating immigration and noncitizens in the states. American Political Science Association, 2008 Annual Meeting Paper
Fleury-Steiner B, Longazel J (2010) Neoliberalism, community development, and anti-immigrant backlash in Hazleton, Pennsylvania. In: Varsanyi MW (ed) Taking local control: immigration policy activism in US cities and states. Stanford University Press, Pal Alto, pp 73–93
Gillette CB (1997) The exercise of trumps by decentralized governments. Va Law Rev 83:1347–1435
Hsieh HF, Shannon SE (2005) Three approaches to qualitative content analysis. Qual Health Res 15:1277–1288
Hopkins D (2010) Politicized places: explaining where and when immigrants provoke local opposition. Am Political Sci Rev 104:40–60
Jordan M (2009) Donors send millions to defend Arizona law. The Wall Street J. Retrieved 19 April 2011, from http://online.wsj.com/article/SB10001424052702304248704575574461341942940.html
Immigration and Customs Enforcement (2009) News releases: ICE announces standardized 287(g) agreements with 67 state and local law enforcement partners. Retrieved 18 April 2011, from http://www.ice.gov/news/releases/0910/091016washingtondc.htm
Jacobson RD (2008) The new nativism: Proposition 187 and the debate over immigration. University of Minnesota Press, Minneapolis
Laver M, Benoit K, Garry J (2003) Extracting policy positions from political texts using words as data. Am Political Sci Rev 97(2):311–331
Massey DS, Sanchez MR (2010) Brokered boundaries: creating immigrant identity in anti-immigrant times. Sage, New York
McDonald WF (1997) Crime and illegal immigration: emerging local, state, and federal partnerships. National Inst Justice J :2–10
Medrano L (2011) With lawsuit, Arizona tries to stare down Obama on illegal immigration. Christian Science Monitor. Retrieved 11 February 2011, from http://www.csmonitor.com
Michaels R (2009) Global legal pluralism. Ann Rev Law Soc Sci 5:243–262
National Conference of State Legislators (2011) State laws related to immigration and immigrants. Retrieved 3 April 2011, from http://www.ncsl.org/default.aspx?tabid=19897
Nelson G (2011) Gov. Brewer Presses Campaign Against Feds. Arizona Republic, p Z 10
Neuman GL (1993) The lost century of American Immigration Law (1776–1875). Columbia Law Rev 84:1061–1073
Nevins J (2010) Operation gatekeeper and beyond: the war on “illegals” and the remaking of the U.S.–Mexico boundary, 2nd edn. Routledge Press, New York
Newton L (2008) Illegal, alien, or immigrant: the politics of immigration reform. New York University Press, New York
Newton L, Adams BE (2009) State immigration policies: innovation, cooperation or conflict? Publius J Fed 39(3):408–431
Nintzel J (2011) Pearce: ‘SB 1070 is Constitutionally Sound’. Tucson Weekly. Retrieved 18 April 2011, from http://www.tucsonweekly.com/TheRange/archives/2011/04/11/pearce-sb-1070-is-constitutionally-sound
Nugent JD (2009) Safeguarding federalism: how states protect their interest in national policymaking. University of Oklahoma Press, Norman
Olivas MA (2007) Immigration-related state and local ordinances: preemption, prejudice, and the proper role for enforcement. Univ Chic Legal Forum :27–57
Parlow M (2007) A localist’s case for decentralizing immigration policy. Denver Univ Law Rev 84:1061–1073
Pew Research Center (2010) Public supports Arizona Law. Retrieved 12 May 2010, from http://pewresearch.org/pubs/1591/public-support-arizona-immigration-law-poll
Provine DM (2009) Justice as told by judges: the case of litigation over anti-immigrant legislation. Stud Soc Justice 3(2):231–245
Provine DM, Doty BE (2012) The criminalization of immigrants as a racial project. J Contemp Crim Justice 27(3):261–277
Ramakrishnan SK, Wong T (2010) Immigration policies go local: the varying responses of local governments to low-skilled and undocumented immigration. In: Varsanyi MW (ed) Taking local control: immigration policy activism in US cities and states. Stanford University Press, Pal Alto, pp 73–93
Regan PM (2008) Opposition to the REAL ID act at the state level: privacy, immigration, or unfunded mandates? American Political Science Association, 2008 Annual Meeting Paper
Rodriguez CM (2008) The significance of the local in immigration regulation. Mich Law Rev 106:567–642
Rough G (2011) Arizona seeking pacts with other states to defy feds. Arizona Republic, pp A1, A5
Schuck PH (2007) Taking immigration federalism seriously. The University of Chicago Law Forum, pp 57–92
Skerry P (1995) Many borders to cross: is immigration the exclusive responsibility of the federal government? Publius 25:71–85
Spiro PJ (1994) The states and immigration in an era of demi-sovereignties. Va J Int Law 121:121–178
Spiro PJ (2001) Federalism and immigration: models and trends. Int Soc Sci J 53:67–73
Terrazas A (2011) Immigrants in new-destination states. Migration Information Source. Retrieved 18 April 2011, from http://www.migrationinformation.org/USFocus/display.cfm?ID=826
Varsanyi MW, Lewis PG, Provine DM, Decker S (2012) A multilayered jurisdictional patchwork: immigration federalism in the United States. Law Policy J 34(2):138–158
Verhovek SH (1994) Texas plans to sue U.S. over illegal aliens costs. The New York Times. Retrieved 18 April 2011, from http://query.nytimes.com/gst/fullpage.html?res=9904E0D7173BF934A15756C0A962958260
Wechsler H (1954) The political safeguards of federalism: the role of the states in the composition and selection of the national government. Columbia Law Rev 54:543–601
Wells M (2004) The grassroots reconfiguration of U.S. immigration policy. Int Migr Rev 38:1308–1347
Wishnie MJ (2001a) Laboratories of bigotry? devolution of the immigration power, equal protection, and federalism. N Y Univ Law Rev 76:493–521
Wishnie MJ (2001–2003) Introduction: immigration and federalism. N Y Univ Ann Surv Am Law 58:283
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McDowell, M., Provine, D.M. (2013). SB 1070: Testing the “Frustration” Hypothesis. In: Magaña, L., Lee, E. (eds) Latino Politics and Arizona’s Immigration Law SB 1070. Immigrants and Minorities, Politics and Policy. Springer, New York, NY. https://doi.org/10.1007/978-1-4614-0296-1_5
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