Wednesday, January 18th, 2017

Preempting Immigration Detainer Enforcement Under Arizona v. United States

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"The power of the states to participate in immigration enforcement has been hotly debated. With its June 25, 2012 decision in Arizona v. United States, the Supreme Court dealt a hard blow against state involvement in immigration enforcement.

This article addresses the impact of Arizona’s preemption analysis on one particular kind of state participation in immigration enforcement: compliance with federal immigration detainers by prolonging detention of suspected immigration violators who would otherwise be released from custody. I consider whether states, while not required, may nonetheless choose to prolong detention in compliance with immigration detainers. Or is prolonged detention foreclosed completely by Arizona? 

Part I briefly discusses the immigration detainer’s role in immigration