I believe that this entrenchment presents a serious challenge for those who wish to fight Trump’s immigration policies via the courts—especially after the ruling in Trump v. Hawaii. Moreover, Trump’s opponents would be naïve to discount the lethal precedential combination of plenary federal power and preemption.
This two-part blog seeks to briefly trace the origins of modern immigration law, examine the failure of state-based immigration policies during the Obama administration, and predict the likelihood of success for state resistance against Trump’s crackdown on immigration.