The state of Texas being a border state has a significant interest in immigration and border security, but what are the rules for what Texas can or cannot do under the umbrella of federalism? Can Texas for example build a border wall on their own or jail border crossers on trespassing charges? What about sanctuary policies, refugee admission and resettlement, DACA and State Dream Acts, providing health and welfare services, issuing driver’s licenses, or police enforcement? While the federal government has controlled immigration and border policy for the last 150 years, Congress and the Supreme Court have granted some limited powers to the states to regulate those immigrants residing within their borders, thus making the answer more unclear. This has prompted states like Texas to test the boundaries arguing that the federal government has failed in their responsibilities. States are claiming they must act to protect the health and welfare of their citizens and their economies. Let’s see what you think.
You may want to first explore the optional documents below to help with your research. Once you have done the research, answer the following topics within your paper.
Briefly explain the concept of federalism and the place of a state in a federal system.
Where does immigration fall in this system? Within the federal or state control historically? Explain your evidence and reasoning.
Could Congress act to provide more clarity in immigration law? Have they done so recently?
Does Texas have the authority to enforce immigration law and if so, how expansive, or broad is that authority? For example, is there a valid argument that immigration is a concurrent issue and might the 10th amendment to the U.S. Constitution apply? Or is there a valid argument that states are only enforcing current law by crafting legislation that supports and carries out federal policies?
Summarize: What is your final opinion on whether states should be allowed to draft their own immigration legislation? Finally, do you think the law is on your side? (Think of this way, just because we have an opinion on the law doesn’t mean the court, due to current law and case precedent/history, won’t decide differently at this moment in time.)
Optional Documents to Review:
Opinion: Texas and the Dangers of State Immigration EnforcementLinks to an external site.
Article: Texas Begins Jailing Border Crossers on Trespassing ChargesLinks to an external site.
Texas Tribune – UT Poll on Immigration and Border SecurityLinks to an external site.
Nation Conference of State Legislatures Immigration Policies Issues OverviewLinks to an external site.
NCSL State Laws Related to Immigration and ImmigrantsLinks to an external site.
Immigration Law Guide – Texas State Law LibraryLinks to an external site.
Ballotpedia: Texas Immigration InformationLinks to an external site.
Texas Tribune Immigration News PageLinks to an external site.
The rules: Remember, this needs to be at least two pages of solid, thoughtful material in order to even be considered for full credit. Students receiving full credit usually turn in papers of at least 2.5 pages. Have some fun with it but remember this is an academic paper. No cussing or slang, use proper grammar and proof-read before sending, use the spell-checker, do not end a sentence with a question mark (you are supposed to answer questions, not ask them), et cetera.
Do not put a heading at the top of your paper, as it does not count towards your page minimum. I know my name, the class and the date, and Canvas tells me your name. If you have a title you want to put up there then please do, but then start writing.
Type your paper in MS Word and uploaded in Canvas using Turnitin. This will allow your paper to be checked for plagiarism.
You may want to first explore the optional documents below to help with your research. Once you have done the research, answer the following topics within your paper.
Briefly explain the concept of federalism and the place of a state in a federal system.
Where does immigration fall in this system? Within the federal or state control historically? Explain your evidence and reasoning.
Could Congress act to provide more clarity in immigration law? Have they done so recently?
Does Texas have the authority to enforce immigration law and if so, how expansive, or broad is that authority? For example, is there a valid argument that immigration is a concurrent issue and might the 10th amendment to the U.S. Constitution apply? Or is there a valid argument that states are only enforcing current law by crafting legislation that supports and carries out federal policies?
Summarize: What is your final opinion on whether states should be allowed to draft their own immigration legislation? Finally, do you think the law is on your side? (Think of this way, just because we have an opinion on the law doesn’t mean the court, due to current law and case precedent/history, won’t decide differently at this moment in time.)
Optional Documents to Review:
Opinion: Texas and the Dangers of State Immigration EnforcementLinks to an external site.
Article: Texas Begins Jailing Border Crossers on Trespassing ChargesLinks to an external site.
Texas Tribune – UT Poll on Immigration and Border SecurityLinks to an external site.
Nation Conference of State Legislatures Immigration Policies Issues OverviewLinks to an external site.
NCSL State Laws Related to Immigration and ImmigrantsLinks to an external site.
Immigration Law Guide – Texas State Law LibraryLinks to an external site.
Ballotpedia: Texas Immigration InformationLinks to an external site.
Texas Tribune Immigration News PageLinks to an external site.
The rules: Remember, this needs to be at least two pages of solid, thoughtful material in order to even be considered for full credit. Students receiving full credit usually turn in papers of at least 2.5 pages. Have some fun with it but remember this is an academic paper. No cussing or slang, use proper grammar and proof-read before sending, use the spell-checker, do not end a sentence with a question mark (you are supposed to answer questions, not ask them), et cetera.
Do not put a heading at the top of your paper, as it does not count towards your page minimum. I know my name, the class and the date, and Canvas tells me your name. If you have a title you want to put up there then please do, but then start writing.
Type your paper in MS Word and uploaded in Canvas using Turnitin. This will allow your paper to be checked for plagiarism.
