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21 U. Pa. J. Const. L. 1051 (2018-2019)
Immigration to Blue Cities in Red States: The Battleground between Sanctuary and Exclusion

handle is hein.journals/upjcl21 and id is 1063 raw text is: IMMIGRATION TO BLUE CITIES IN RED STATES: THE BATTLEGROUND BETWEEN SANCTUARY AND EXCLUSION Karla Mari McKanders* ABSTRACT An ongoing intrastate immigration regulation battle between cities, municipalities, and states with the Trump Administration intervening with litigation and executive orders has dominated the immigration federalism landscape. Some state, cities, and localities have passed sanctuary laws and policies seeking to protect immigrant communities by not inquiring into an individual's immgration status, while other states have begun to pass exclusionary anti-sanctuary laws, sanctioning non-compliance with federal immigration laws. The Trump Administration's policies, along weith the resulting litigation, place immigration federalism in an unprecedented context. This Symposium Article interrogates the concept of immigration federalism examining the political and ideological contours of state and local exclusionay and sanctuary laws highlighting new issues that have surfaced under the TrumpAdministration'spolicies. This Article utilizes the red state and blue city intrastate federalism conflicts within the State of Tennessee to highlight the political dynamics that govern the passing of state and local exclusionan and sanctuar laws. The new landscape of exclusionary and sanctuay laws has increasingly emphasized a red state and blue city political divide. In this context, thic Article argues that recent immigration federalism standoffs center around political divisions which fail to engage in principled evaluations of which level of government federal state, or local- should be the locus of immigration regulation. TABLE OF CONTENTS INTRODUCTION ............................................... 1052 I. IMMIGRATION FEDERALISM AND THE TRUMP ADMINISTRATION.. 1054 II. BLUE CITY RESISTANCE TO THE ADMINISTRATION AND RED STATE POLICIES................................................ 1056 A. Sanctuary as a Form ofResistance ................... ...... 1056 B. State and Local Intrastate Immigration Federalism Battles................. 1057 III. COURT BATTLES AND IMPLICATIONS OF CONTINUED SUB-FEDERAL REGULATION............................................ 1063 CONCLUSION .............................................. ..... 1069 1051 * Clinical Professor of Law at Vanderbilt University Law School. Special thanks to my research assistants Rachel M. Stuckey, Sadie Shourd, andJoshua D. Minchin.