Lewis & Clark Law Review
First Page
991
Abstract
Federal supremacy over immigration enforcement is a primary tenet of U.S. immigration law. Despite this, states are now routinely, and often successfully, blocking executive immigration policy in federal court. One such case is United States v. Texas, in which the states argue that the Biden administration’s enforcement priority guidelines inflict significant injury on the states while also violating statutory mandates and the Administrative Procedure Act. This Note analyzes United States v. Texas and concludes that the states’ arguments constitute an act of reverse-commandeering that usurps executive enforcement and policymaking power. The result is a state-held de facto veto, wielded through the courts, over federal immigration policy.
Recommended Citation
Kristine Quint,
Fault Lines of Immigration Federalism: United States v. Texas and the Reverse-Commandeering of Immigration Enforcement Power,
27
Lewis & Clark L. Rev.
991
(2023).
Available at:
https://lawcommons.lclark.edu/lclr/vol27/iss3/7