This Article develops a framework for analyzing claims brought by the states with large immigration populations against the federal government. The Article looks at the question of federal plenary power over immigration matters and examines state lawsuits seeking federal reimbursement for the costs of services for illegal immigrants. Illegal immigration problems are addressed in terms of trusts between the states and the federal government. The Author argues that the courts should draw from jurisprudence in other areas of government trust, such as trusts over coastal waters and Indian trusts, when deciding state claims for reimbursement of costs imposed by illegal immigration.
Trusts Betrayed: The Absent Federal Partner in Immigration Policy,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol33/iss2/7