Wednesday, January 18th, 2017

Immigration Preemption after United States v. Arizona

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"In the last several years, state and local governments have passed laws that attempt to “get tough on undocumented migrants.” The Supreme Court recently addressed one of these measures in United States v. Arizona, and the Court may soon be considering another. The United States Court of Appeals for the Fifth Circuit will soon announces its en banc opinion in the case Villas at Parkside Partners v. City of Farmers Branch. The case concerns a law that directs the building inspector of Farmers Branch—a Dallas-Fort Worth suburb—to “‘verify with the federal government’ whether every noncitizen occupant of rental housing is ‘an alien lawfully present in the United States.’” If the building inspector finds that an occupant is not lawfully present, he or she must revoke that occupant’s “occupancy license,” which triggers potential