111 Iowa L. Rev. 763 (2026)
Abstract
The twenty-first century is set to see a departure from traditional enforcement of U.S. immigration policy. In recent years, states have forced courts to more clearly define the constitutional bounds of federalism. But since the Supreme Court decided Arizona v. United States in 2012, several states have pushed the principle that immigration law falls squarely under the powers of the federal government by sending their National Guard to the southern border. In doing so, the border becomes a hodgepodge of militarized units without the specific skill set to facilitate border crossings. Migrants, both legal and illegal, also become stigmatized in their communities. This Note analyzes how future proceedings in federal courts will be critical to regaining the pride and strength from being “a nation of immigrants.” Additionally, this Note will argue how careful legislative planning may prevent states from exploiting loopholes that allow them to take federal policy matters into their own hands.