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I dont see any of the cases you cited as precedent for various reasons, the most clear of which is that they were adjudicated BEFORE Congress acted to regulate immigration, starting in the late 19th century.
What the Court has said since then is that Congress alone has the power to regulate immigration.
Enacting a state law criminalizing illegal immigration is regulating....beyond enforcing the federal law.
But whatever the case, IMO, the federal courts should make the determination.
Last edited by Redux; 06-29-2010 at 03:11 PM.
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