Strange Neighbors CITIZENSHIP AND MIGRATION IN THE AMERICAS General Editor: Ediberto Román Tierra y Libertad: Land, Liberty, Run for the Border: Vice and Virtue and Latino Housing in U.S.-Mexico Border Crossings Steven W. Bender Steven W. Bender No Undocumented Child Left Behind: Those Damned Immigrants: America’s Plyler v. Doe and the Education of Hysteria over Undocumented Immigration Undocumented Schoolchildren Ediberto Román Michael A. Olivas Strange Neighbors: The Role of Marginal Workers: How Legal Fault States in Immigration Policy Lines Divide Workers and Leave Edited by Carissa Byrne Hessick Them without Protection and Gabriel J. Chin Ruben J. Garcia Strange Neighbors The Role of States in Immigration Policy Edited by Carissa Byrne Hessick and Gabriel J. Chin a NEW YORK UNIVERSITY PRESS New York and London NEW YORK UNIVERSITY PRESS New York and London www.nyupress.org © 2014 by New York University All rights reserved References to Internet websites (URLs) were accurate at the time of writing. Neither the author nor New York University Press is responsible for URLs that may have expired or changed since the manuscript was prepared. Library of Congress Cataloging-in-Publication Data Strange neighbors : the role of states in immigration policy / edited by Carissa Byrne Hessick and Gabriel J. Chin. pages cm. —  (Citizenship and migration in the Americas) Includes bibliographical references and index. ISBN 978-0-8147-3780-4 (hardback) 1.  Emigration and immigration law—United States. 2.  Emigration and immigration law—United States—States. 3.  Exclusive and concurrent legislative powers—United States. 4.  States’ rights (American politics)  I. Hessick, Carissa Byrne, editor of compilation. II. Chin, Gabriel J. (Gabriel Jackson), 1964- editor of compilation. KF4819.S765 2014 325.73—dc23                                                             2013049128 New York University Press books are printed on acid-free paper, and their binding materials are chosen for strength and durability. We strive to use environmentally responsible suppliers and materials to the greatest extent possible in publishing our books. Manufactured in the United States of America 10 9 8 7 6 5 4 3 2 1 Also available as an ebook For Becca, Sarah, and Sue. For John and Frances Qualteri, first-generation Americans who passed their love of this country on to their family. This page intentionally left blank Contents Acknowledgments ix Introduction 1 Gabriel J. Chin and Carissa Byrne Hessick I. The Recent Spate of State and Local Immigration Regulation 1. Measuring the Climate for Immigrants: 21 A State-by-State Analysis Huyen Pham and Pham Hoang Van 2. How Arizona Became Ground Zero in the War on 40 Immigrants Douglas S. Massey II. Historical Antecedents to the Modern State and Local Efforts to Regulate Immigration 3. “A War to Keep Alien Labor out of Colorado”: 63 The “Mexican Menace” and the Historical Origins of Local and State Anti-Immigration Initiatives Tom I. Romero II III. A Defense of State and Local Efforts 4. Reinforcing the Rule of Law: What States Can 99 and Should Do to Reduce Illegal Immigration Kris W. Kobach >> vii viii << Contents 5. The States Enter the Illegal Immigration Fray 130 John C. Eastman IV. A Critical Evaluation of the New State Regulation 6. Broken Mirror: The Unconstitutional Foundations 167 of New State Immigration Enforcement Gabriel J. Chin and Marc L. Miller 7. The Role of States in the National Conversation 198 on Immigration Rick Su 8. Post-Racial Proxy Battles over Immigration 229 Mary Fan About the Contributors 259 Index 263 Acknowledgments This book would not have been possible without the hard work and support of many individuals. First and foremost, we would like to thank Marc Miller and Toni Massaro. Their collaboration on our early work about Arizona’s S.B. 1070 laid the groundwork for many of the ideas we have included in this volume. We are also deeply indebted to Ediberto Román. His advice and encouragement as the editor of the Citizen- ship and Migration in the Americas series has been invaluable. Many thanks to Andy Hessick for reading drafts and providing very helpful suggestions. Jennifer Angeles, Nina-Marie Bell, Linda Cooper, Glenda McGlashan, Carol Ward, and Gina Wilson provided key administrative assistance. Arizona State University’s Sandra Day O’Connor College of Law was very supportive of this project. In addition to financial support, the school’s willingness to sponsor a conference on the role of the states in immigration policy and enforcement in October of 2010 was invaluable. Several of the distinguished authors who contributed chapters to this volume spoke at that conference, and the interest and enthusiasm gen- erated by the conference helped spark the idea of creating this volume. Many people at the law school helped tremendously in the organization and execution of that conference, including Janie Magruder, Amanda Breaux, Charles Calleros, Doug Sylvester, Chris Baier, and Shelli Soto. And Dean Paul Berman deserves special thanks for his enthusiastic support. The University of Arizona James E. Rogers College of Law and the University of California, Davis School of Law are also grate- fully acknowledged, in particular former dean Larry Ponoroff; dean >> ix