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New paper with an important criminal justice take on Arizona?s SB1070 immigration law

By Douglas A. Berman

Two of my favorite Arizona professors, Jack Chin and Marc Miller, have this important new piece on some of the criminal justice implications of Arizona's new immigration law.  The piece is titled "Cracked Mirror: State Regulation of Immigration through Criminal Law," and here is the abstract: While the Supreme Court has held that regulation of immigration is an exclusively federal power, some claim that pursuant to ?cooperative enforcement?, states can enact statutes that are ?mirror images? of federal criminal immigration laws. This theory, that federal criminalization enhances state power to enact consistent laws, led to Arizona?s SB1070 as well as legislation in several other states. Through cooperative enforcement measures, it is proposed, states can create regimes encouraging undocumented non-citizens to self-deport under threat of prosecution...continue to full post

Full post as published by Sentencing Law and Policy on July 27, 2010 (boomark / email).