Federalism: Do States Have the Right to Restrict Illegal Immigration?

Essay by cofdawnnUniversity, Master'sA-, December 2003

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Federal law regulates immigration to the United States but they expect the States to pay for the immigrants once they are here, without being able to set their own limitations. In the end of the twentieth century immigrants came in record numbers, mostly effecting California, Texas and New York. California's border with Mexico provides entry into the United States for thousands of illegal immigrants every year. They cross rivers on foot or travel in the trunks of cars, hoping to get across. Once across, illegal immigrants have access to low-paying jobs, free public education, and are eligible for many of the same health benefits available to poor U.S. citizens. An estimated 43 percent of the nation's illegal immigrants are in California. In November 1994, Californians passed an initiative, Proposition 187, cutting off some health and social services, including access to public education to illegal aliens and their children. That initiative was put on "hold" by a federal court, but the vote helped set the stage for a national debate on immigration and major legislation in Congress Consequently, when the House of Representatives considered changing America's policy toward immigrants, California's congressional delegation dominated the debate.

The bill simplifies deportation proceedings and imposes new penalties on people who try to stay in this country illegally. It also establishes a voluntary federal verification hotline for five states with large immigrant populations, allowing employers to check the resonant status of prospective employees. The bill prohibits states from offering federal welfare benefits to illegal immigrants and allows states to deny them public education. According to supporters of the bill, the new provisions will cut illegal entry into this country by half within the next five years. The U.S. Supreme Court ruled (in the case of "Plyer vs. Doe") that excluding children who are illegal immigrants...