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  • The Supremacy Clause of the U.S. Constitution generally means that federal laws trump state laws. States can choose what benefits they do or don’t give to immigrants. Perhaps the most notorious state attempt to regulate immigration is Arizona's S.B. 1070, which became law in 2010. The U.S. Dept. of Justice (DOJ) stated in a brief that Arizona lawmakers "crossed a constitutional line" with the new law.
  • “Any state with such a policy would not be in compliance with the State Plan requirements, applicable statutes, and their own assurances, and could be subject to enforcement action, including suspension and termination.”
  • Most immigration-related legislation since then has amended various sections of the INA. There are many different organizations that are in charge of each part of immigration
  • the legislative branch of the federal government of the United States — develops and passes legislation, which the president signs into law, and federal agencies (executive branch) implement legislation.
  • 119 In the context of immigration detainers, the issue arises as to whether or not state and local government compliance with detainer requests is voluntary or mandatory. It would seem, however, that modern Tenth Amendment jurisprudence would forbid the federal government from mandating state and local government compliance with ICE detainers.
  • states are refusing to help with local reform and deporting undocumented immigrants, making it hard for government to regulate it the way that they want to.
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