Abstract:
Many states and localities are enacting their own immigration-related laws and ordinances. Such laws raise a number of constitutional issues, including federal preemption issues. What is the permissible scope of state and local action in this area? When are state and local immigration laws preempted by federal law? This bulletin explains general preemption principles and provides an analytical tool for determining whether proposed or enacted immigration-related laws may be preempted (and thus invalidated) by federal laws.