{"id":352797,"date":"2022-08-19T07:42:48","date_gmt":"2022-08-19T12:42:48","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/immigration\/immigration-laws-and-resources\/federal-vs-state-immigration-laws.html"},"modified":"2023-09-12T16:46:12","modified_gmt":"2023-09-12T21:46:12","slug":"federal-vs-state-immigration-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/immigration\/immigration-laws-and-resources\/federal-vs-state-immigration-laws.html","title":{"rendered":"Federal vs. State Immigration Laws"},"content":{"rendered":"\n
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Federal vs. State Immigration Laws<\/h1>\n\n
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\n By Eric Harvey, J.D.<\/a> | Legally reviewed by Meagan Neil, Esq.<\/a>\n | Last reviewed\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Federal immigration law\u2014primarily governed by Congress and enforced by federal agencies\u2014controls most aspects of immigration, including visas, citizenship, and enforcement. States can pass laws that affect immigrants within their borders, but these laws must operate within federal limits and cannot conflict with federal authority under the Supremacy Clause.<\/p>\n\n <\/div>\n\n\n\n

While some states expand benefits and protections for immigrants and others impose restrictions, federal courts often review these laws to ensure they do not overstep constitutional boundaries.<\/p>\n

The rules established in 1952 with the passage of the\u00a0Immigration and Nationality Act (INA) <\/a>established the framework the government follows today. But the Immigration Reform and Control Act (IRCA)<\/a>\u00a0of 1986 plays a part in curbing illegal immigration. It denied welfare benefits to immigrants without proper documentation. It also strengthened sanctions against employers who hire them.<\/p>\n

The U.S. Congress controls all immigration-related regulations. But the White House is in charge of enforcing immigration laws. The INA dictates most aspects of federal immigration law, including visas and other parts of citizenship status.\u00a0U.S. Citizenship and Immigration Services (USCIS)<\/a>\u00a0manages most immigrant-related matters.<\/p>\n

Immigration rules at both the state and federal level continue to evolve. Anyone facing an immigration issue should speak with a local immigration attorney<\/a>\u00a0for up\u2011to\u2011date guidance.<\/span><\/p>\n

Jurisdiction and the Supremacy Clause<\/h2>\n

The U.S. Supreme Court has consistently upheld the federal government’s jurisdiction over immigration law. SCOTUS has overruled attempts by state legislatures to single out immigrants. The Supremacy Clause of the U.S. Constitution<\/a> generally means that federal laws trump state laws.<\/p>\n

But there are exceptions to this. While states must remain within specific parameters, they have relative degrees of latitude in their laws. States have certain freedoms in determining the laws of their own jurisdictions. For example,\u00a0California<\/a> provides more generous benefits to immigrants. It is a “sanctuary state.” But\u00a0Texas<\/a> has been notoriously unfavorable to immigrants, restricting benefits migrants can access.\u00a0<\/p>\n

Many states have passed legislation that limits immigrants’ access to public benefits<\/a>. Many have directed state and local police to check the legal immigration statuses of arrestees. Lawmakers pressing for immigration-related state laws typically cite security concerns, limited resources, and a lack of federal enforcement.<\/p>\n

Are such state laws constitutional? While state lawmakers have articulated a genuine interest in limiting illegal immigration, there is no clear line in the sand. See\u00a0State Immigration Laws<\/a>\u00a0for a regularly updated, state-by-state directory.<\/p>\n

Immigration Laws at the State Level<\/h2>\n

Perhaps the most notorious state attempt to regulate immigration is\u00a0Arizona’s S.B. 1070<\/a>, which became law in 2010. The\u00a0U.S. Dept. of Justice (DOJ)<\/a>\u00a0stated in a brief that Arizona lawmakers “crossed a constitutional line” with the new law. A federal judge blocked four of the most controversial elements. These included a requirement that police check the immigration status of anyone they stop or suspect is in the state illegally.<\/p>\n

Other states have passed laws with similar police directives, including\u00a0Oklahoma<\/a>\u00a0and\u00a0Utah<\/a>.<\/p>\n

State immigration laws also impact how immigrants interact with state systems and benefits. For example, many state laws:<\/p>\n