| venepe said: @badgenome Sorry to burst your bubble but the Supremacy Clause argument for this law is not in the context of conflict, it is rather in the issue of preemption (and the injuction to the law was made on this point). Especifically, implied preemption, which states that where Congress has a occupied the subject area to the preclusion of state laws because of the nature of the federal interest or the pervasiveness of the federal regulatory scheme. Now, if you want to debate this issues with me you are welcome to do it. Although I will disclose to you that I am an immigration attorney practicing in California. |
Congress can't really be said to occupy the field in this case for a number of reasons, and especially not when the feds rely so heavily on states to help them enforce immigration law. And again, the Supreme Court has upheld the right of states to make laws in regard to immigration status, as in De Canas v. Bica.
