The Role of Congress, President and the Supreme Court in Defining Immigration Policy in the United States

Authors

  • Anna Ludwikowski Zelnick & Erickson

DOI:

https://doi.org/10.12797/AdAmericam.14.2013.14.07

Abstract

In the absence of comprehensive immigration reform in the US, many states and local governments have attempted to enact their own immigration policies. In 2010, Arizona legislature passed the Support Our Law Enforcement and Safe Neighborhoods Act (referred to as SB‑1070, the version introduced in Arizona’s senate) to decrease illegal immigration within the state.
A few months before the presidential elections of 2012, two issues – healthcare and immigration – became the main focus of Barack Obama’s second presidential campaign, especially because the US Supreme Court agreed to review the constitutionality of both acts: federal law – Patient Protection and Affordable Care Act, and state law – SB‑1070. The decisions of the Supreme Court were eagerly anticipated and, quite surprisingly, they brought the president a double victory in June 2012.
The Supreme Court confirmed that states lack the power to regulate immigration issues and create their own immigration policy. Its ruling preserved federal control over immigration. However, in light of the inability of Congress to pass a comprehensive immigration law, we may expect a gridlock resulting in temporary measures aimed to solve the most crucial problems with executive orders of the president, or further changes in enforcement policy.

PlumX Metrics of this article

Author Biography

Anna Ludwikowski, Zelnick & Erickson

is an associate attorney at the law firm of Zelnick & Erickson, P.C. in Woodbridge, VA. She is admitted to the New York Bar and the District of Columbia Bar. She holds Master of Laws degree (LL.M.) from the George Washington University in Washington D.C. and Ph.D. degree in Law from University of Szczecin, Poland. She served a guest lecturer at the GWU, on various aspects of business immigration law. She also lectured at the Jagiellonian University and was awarded a Fulbright grant to do research and teach in Poland in 2011. She published several books and articles on the American legal system.

References

Barnes, Ed. “Costs of Illegal Immigration Rising Rapidly in Arizona, Study Finds.” FoxNews.com. Web. 29 Dec. 2012. http://www.foxnews.com/us/2010/05/17/immigration‑costs‑rising‑rapidlty‑new‑study‑says.

Chin, Gabriel, Johnson, Kevin. “Profiling’s enabler: High court ruling underpins Arizona immigration law.” The Washington Post 13 July 2010. Web. 29 Dec. 2012. http://www.washingtonpost.com/wp‑dyn/content/article/2010/07/12/AR2010071204049.html.

Chin, Gabriel, Byrne Hessick, Carissa, Massaro, Tony, Miller, Marc, “A Legal Labyrinth: Issues Raised by Arizona Senate Bill 1070.” Arizona Legal Studies, August 2010: 17‑18.

Comprehensive Immigration Reform. ImmigrationAmerica.org. Web. 29 Dec. 2012. http://www.immigrationamerica.org/component/content/article/11‑homepage‑articles/21‑comprehensive‑immigration‑reform.

Dinan, Stephen.“Homeland Security suspends immigration agreements with Arizona police.” The Washington Times. Web. 29 Dec. 2012. http://www.washingtontimes.com/news/2012/jun/25/homeland‑security‑suspends‑immigration‑agreements‑/.

Gardbaum, Stephen A. Congress’s Power to Preempt the States. 33 Pepp. L. Rev. 39, 41, 2005‑2006.

Hensley, JJ, Wagner, Dennis. “SB 1070 ruling expected to have little effect on law enforcement.” Azcentral.com. Web. 29 Dec. 2012. http://www.azcentral.com/news/politics/articles/2012/06/10/20120610law‑enforcement‑ready‑move‑forward‑senate‑bill.html#ixzz20IYxVOzX.

Kurzban, Ira. Immigration Law Sourcebook. 13 ed. Washington DC: American Immigration Council, 2012.

Lee, Alan. “Arizona v. United States A Decision For Immigrant Rights.” ILW.COM. Web. 29 Dec. 2012. http://www.ilw.com/articles/2012,0702‑Lee.shtm.

Moffett, Dan. “Eric Holder Has Battled State Lawmakers, Congress.” About.com. Web. 29 Dec. 2012. http://immigration.about.com/od/immigrationlawandpolicy/a/Eric‑Holder‑Has‑Battled‑State‑Lawmakers‑Congress.htm.

Nakamura, Davi, Bahrampour Tara. “Obama prioritizing immigrant issues.” The Washington Post 4 Jan. 2013: A11.

“Obama Plans to push Immigration Reform by End of January.” Fox News Latino. Web. 3 Jan. 2013. http://latino.foxnews.com/latino/politics/2013/01/03/obama‑plans‑to‑push‑immigration‑reform‑by‑end‑january.

Oral Arguments before the Supreme Court. Alderson Reporting Company. Web. 30 Dec 2012. http://www.supremecourt.gov/oral_arguments/argument_transcripts/11‑182.pdf.

Preston, Julia, Cushman, John Jr. “Obama to Permit Young Migrants to Remain in the US.”

NYTimes.com. Web. 29 Dec. 2012. http://www.nytimes.com/2012/06/16/us/us‑to‑stop‑deporting‑some‑illegal‑immigrants.html?pagewanted=all.

Rasmussen Reports. Rasmussenreports.com. Web. 29 Dec. 2012. http://www.rasmussenreports.com/public_content/politics/current_events/immigration/nationally_60_favor_letting_local_police_stop_and_verify_immigration_status.

Rodriguez, Cindy. “Latino vote key to Obama’s re‑election.” CNN.com. Web. 6 Jan. 2013. http://www.cnn.com/2012/11/09/politics/latino‑vote‑key‑election/index.html.

Track Immigration, Track Reports, Inc. Web. 29 Dec. 2012. http://trac.syr.edu/immigration/reports/272/#review.

US Department of Homeland Security, DHS Press Release. Web. 7 Jan. 2013. http://www.dhs.gov/ynews/releases/20120612‑napolitano‑announces‑deferred‑action‑process‑for‑young‑people.shtm.

Downloads

Published

2013-12-29

How to Cite

Ludwikowski, A. “The Role of Congress, President and the Supreme Court in Defining Immigration Policy in the United States”. Ad Americam, vol. 14, Dec. 2013, pp. 99-111, doi:10.12797/AdAmericam.14.2013.14.07.

Issue

Section

Articles