1 Challenges to Federal Immigration Regulation: The Possible Consequences of State Imposed Employer Sanctions

The 2006 state legislative season saw record levels of immigrant-related legislation introduced and passed across the nation. As of August 2006, more than 80 of the 560 pieces of legislation introduced in state legislatures concerned various aspects of immigrant employment. Nine states passed a total of seventeen bills regulating different aspects of employment for immigrants. However, many provisions of these state bills are preempted by the federal Immigration Reform and Control Act (IRCA) of 1986, thereby possibly rendering portions of the state legislation unenforceable. This paper will examine the growing trend of symbolic legislation in the states, the effect on the immigrants and employers in states who passed employment-related legislation, and the effect of symbolic state legislation on the United States. My research will fill a current void in policy research regarding the impact of symbolic legislation on the federal-state relationship currently at work in immigration issues