By ALEXANDRA FILINDRA A dissertation submitted to the Graduate School-New Brunswick ...

311 Pages·2009·2.75 MB·English

E P L U R IB U S U N U M ? F E D E R A L IS M , IM M IG R A T IO N A N D T H E R O L E O F T H E A M E R IC A N S T A T E S

By
ALEXANDRA FILINDRA
A dissertation submitted to the

Graduate School-New Brunswick
Rutgers, The State University of New Jersey
in partial fulfillment of the requirements
for the degree of
Doctor of Philosophy
Graduate Program in Political Science
written under the direction of

Daniel Tichenor
and approved by
__________________________
__________________________
__________________________
__________________________

New Brunswick, New Jersey
October 2009
ABSTRACT OF THE DISSERTATION
E Pluribus Unum? Federalism, Immigration and the Role of the American States
By ALEXANDRA FILINDRA

Dissertation Director:
Daniel Tichenor

ABSTRACT:
Unlike the assumptions contained in the federal plenary power doctrine, immigration policy in
the United States is the result of conflict, collaboration and intense interaction between the
states and the federal governments. Since the 19th century, immigration policy making has
exhibited familiar patterns: when state and federal objectives have been aligned, states act as
backers of federal policy, often using their legislative authority to strengthen federal
immigration law. When preferences diverge, states become powerful lobbyists who can use
their legislative authority to keep immigration-related issues on the top of the federal agenda.
Large, electorally rich states are particularly effective pressure agents. Electoral and political
concerns often lead the federal government to yield to state pressure and implement
immigration reforms (often restrictive) that are consistent with state preferences.
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c k n o w le d g e m e n t s

The year 2009 marks the 20th anniversary of my first visit to the United States. I arrived
on an exchange student visa, as a high school senior at Milton Academy, a boarding school in
Boston, in August of 1989. This year also marks my return to the study of immigration. My first
foray into the subject was my senior project for Mrs. Dye’s AP American History class, the first
twenty page paper I ever wrote in English. Twenty years in the making, this study is somewhat
longer than that first high school paper.
Milton Academy and the American Field Service (AFS) gave me my first chance to study
in the United States, and for that I am most grateful. Bryn Mawr College and Rutgers University
also believed in me in the most generous ways and I am thankful for the financial support and
the great learning experience I had at both places. However, this particular work would not
have been possible without the enthusiastic support of Dan Tichenor on whose office door I
showed up one day in February 2007 with an idea for a project. Even though he did not really
know me as a student, he nonetheless supported the project wholeheartedly. Jane Junn was
another early supporter who read drafts and asked endless questions- a strict but fair and
enthusiastic judge. I will never forget the hours she spent on the phone with me helping me put
together the presentation for a job talk at Brown University taking time from her Thanksgiving
holiday. Dan Kelemen, a good friend, has been on my case to “finish the darn degree” for about
a decade. Although I abandoned the European Union in favor of the United States, he has not
held a grudge. He has been a great supporter and friend in more ways than one, reading various
drafts, offering copious comments and notes and editing my Brown presentation while cooking
a Thanksgiving turkey. Janice Fine has also been a friend and supporter in this journey,
providing books and ideas of great value. Many thanks to Rogers Smith of the University of
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Pennsylvania for agreeing to be an outside reader for this project and for his support. His work
has been a source of inspiration.
This work and my professional development as an academic have benefited greatly from
discussions that took place at the immigration research lunch meetings that Dan Tichenor and
Jane Junn organized in 2007 and 2008. In this interdepartmental setting, I met extraordinary
researchers and learned a lot. Many thanks to Christine Brenner who took me under her wing
at the WPSA Conference and introduced me to a number of people working in the immigration
field. Catherine Lee has been another source of support and inspiration and another one who
spent time over her Thanksgiving break to help with my presentation. I am most grateful. I am
also thankful to Linda Bosniak, Robyn Rodriguez, Ira Gang, Miriam Hazan and all other members
of the group who read drafts and supported the project. Your contributions have been
invaluable.
This study would not have been possible without the support of my friends. Melinda
Kovacs has been there for me every step of the way since the time we were studying for our
comprehensive exams in the previous century. I cherish her friendship, her critical analysis of
my work and her mean chicken paprikash. Carolyn Craig was there in good times and bad,
listening to so many variations of the main idea that she’s definitely lost count. I am most
grateful for her friendship. Dionyssis Mintzopoulos has been there for me –as my friend and my
family- for almost two decades. He was there this time, reading drafts and doing statistical
analyses. I will always thank him for his support.
Good friends and graduate school colleagues have also been instrumental in shaping
this project. Benji Peters, Helen Delfeld, Meredith Staples read early chapters and offered ideas
along with multiple glasses of wine. I am grateful for their genuine care and enthusiasm. I must
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also thank Yustina Saleh who taught me all the statistics I know and offered endless emotional
support. The gracious and energetic Danielle Marganoff helped with editing and formatting this
manuscript- an invaluable contribution.
In the course of this journey, I have benefited greatly from the support and practical
assistance of my colleagues at Harris Interactive. Joan Sinopoli has been a friend, a mentor and
an enthusiastic backer of my plans to finish the Ph.D. She’s a great role model and a wonderful
boss. So is Judy Ricker who cut through bureaucratic red tape for me to help me in the final
stages of the process. I thank them both. Well Howell and Don Meyer offered their statistical
expertise and taught me a lot of practical statistics- I am grateful.
A most heartfelt thank you is reserved for Phyllis Marganoff who believed in me at a
time when I had little faith in myself and convinced me not only that I could do this but that it
would be good for my soul to do it. She was right! She has been there all the way and I will
never forget that. She is another amazing role model and I am lucky to have met her.
Throughout this process, I have relied heavily on the support of my family in Greece.
My mother and sister have been there in spirit and on the phone throughout the many trials and
tribulations of my life, always proud of me and ready to support me in every way. I love them
for that.

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ABSTRACT OF THE DISSERTATION ................................................................................................... ii
Acknowledgements......................................................................................................................... iii
Table of Contents ............................................................................................................................ vi
List of Tables ................................................................................................................................... ix
List of Maps ...................................................................................................................................... x
List of Figures .............................................................................................................................. xi
Introduction ..................................................................................................................................... 1
The Puzzle of the Plenary Power Doctrine ................................................................................... 4
“Immigration” Policy or “Immigrant” Policy? The Problem of Definitions ................................ 12
The Non-Exclusivity of Immigration Policymaking: The Limits of the Plenary Power Doctrine 15
States as Actors in Immigration Policymaking: Collaboration, Conflict and Independent Action
................................................................................................................................................... 21
When Interests Coincide: States as Federal Collaborators ........................................................ 23
When Interests Diverge: States as Saboteurs of Federal Policy ................................................ 24
States as Independent Actors .................................................................................................... 26
Project Outline ........................................................................................................................... 28
Chapter 1: Federalism and Immigration Policy: The Limitations of Federalism Theories ............. 34
Formalistic and Structural Theories of Federalism and the Immigration Blind-spot ................ 41
Formalistic Approaches: Dual Federalism and the Delimited Spheres of Authority ............. 43
Cooperative Federalism and the Structural-Functional Perspective ..................................... 47
The Behavioral Approach to Federalism: The Theory of William Riker, Public Choice Theory
and Fiscal Federalism ................................................................................................................. 54
Federalism According to William Riker: External Threats & Political Bargains ...................... 56
Public Choice Theory .............................................................................................................. 59
Chapter 2: Horizontal Federalism and the Vagaries of Inter-State Competition .......................... 68
“Race to the Bottom”: Welfare Magnets Meet Immigrants ...................................................... 70
The Drivers of State Policy-Making ............................................................................................ 74
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Economic Explanations of Alienage Policies .......................................................................... 76
Racial/Social Diversity as a Cause of Restrictions on Immigrants .......................................... 78
Political Factors and their Influence on Policies for Immigrants ........................................... 81
Chapter 3: The Nationalization of Immigration Policy in the 19th Century: Intergovernmental
Competition for Europeans, Conflict over Chinese ....................................................................... 86
Federalism and Immigration in the Early Years of the Republic ................................................ 90
Inter-State Competition at Full-Swing: The Era of Mass Immigration ....................................... 94
California and the Chinese Exclusion: The State that Defied the Nation ................................ 102
The Chinese Exclusion at the National Scene: State-Federal Conflict ..................................... 110
Chapter 4: The State and Immigrant Professionals: Restrictions on High-End Alien Workers .... 128
States and the Protection of American Professionals from “Alien Invaders” ......................... 130
Restrictions on Immigrant Professionals during the Interwar Era........................................... 137
The Legal Justification of Immigrant Exclusion from the Professions ..................................... 151
Chapter 5: The Challenge of Mexican and Undocumented Immigration during the Great
Depression and the Early Post War Era ....................................................................................... 153
State-Federal Collaboration in the Mexican Repatriation Campaign of the 1920s-1930s ...... 159
World War II and the “Bracero” Debate: States and the Use of Undocumented Labor ........ 165
Operation Wetback: The Second Repatriation Program ......................................................... 182
Chapter 6: The New Challenges and New Destinations of Undocumented Immigration in the
Closing of the 20th and the Dawn of the 21st Century .................................................................. 187
Undocumented Immigration in the 1990s: The “Big Six” and Beyond .................................... 190
Concerns over IRCA: The Discrimination Factor ...................................................................... 195
State Efforts to Regulate Immigration: Legislative Activity in the States in the 1990s ........... 198
The New Immigrant Destinations of the New Century ............................................................ 202
Legislative Activity in the 21st Century ..................................................................................... 204
Virginia: A New Immigrant Destination with Old Immigration Rules ..................................... 207
Law Enforcement and Corrections Initiatives in Virginia: Pitting the State against Localities 212
Conclusion ................................................................................................................................ 217
Chapter 7: Who Pays for Immigrants? State-Federal Conflict over the Costs of Immigration in the
1990s ............................................................................................................................................ 218
The First Round of Legal Confrontation: New York Sues the Bush Administration ................. 224
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California Takes the Helm: Intergovernmental Bargaining...................................................... 227
Second Round of Legal Action: States Sue the Clinton Administration ................................... 234
Resolution to the Intergovernmental Conflict: The State Criminal Alien Assistance Program
(SCAAP) .................................................................................................................................... 247
Conclusion .................................................................................................................................... 249
Appendix 1: List of Terms............................................................................................................. 258
Bibliography ................................................................................................................................. 259
Curriculum Vita ............................................................................................................................ 300

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0.1 State involvement in Immigration Policymaking…………………………………………………………. 7
4.1 State Statutes Restricting Alien Employment in Various Professions in the Interwar
Era……………………………………………………………………………………………………………………………………. 141
4.2 State Statutes Restricting Alien Employment in Various Professions in the Early Post-
WWII Era…………………………………………………………………………………………………………………………… 148
5.1 The Evolution of the Bracero Program………………………………………………………………………… 172
5.2 Number of Foreign Migrants Workers by State in 1958………………………………………………. 186
6.1 Legal Permanent Resident (LPR) flow by State of Residence……………………………………….. 191
6.2 Undocumented Immigration Population by State of Residence, 1990-2000……………….. 193
6.3 Undocumented Immigrant Population by State of Residence, 1990-2000 (Second-tier
193
states)……………………………………………………………………………………………………………………………….
6.4 Immigration-related bills introduced and enacted by state, 1990-1999………………………. 199
6.5 Immigration-related bills introduced and enacted by state, 1990-1999 (Second-tier
200
states)……………………………………………………………………………………………………………………………….
6.6 Undocumented Immigrant Population by State of Residence, 2000-2008…………………… 203
6.7 Undocumented Immigrant Population by State of Residence, 2000-2008 (Second-tier
states)………………………………………………………………………………………………………………………………. 203
6.8 Immigration-Related Bills at State Level……………………………………………………………………… 204
6.9 Immigration-related bills introduced and enacted by state, 2000-2008…………………….… 205
6.10 Immigration-related bills introduced and enacted by state, 2000-2008 (Second-tier
states)………………………………………………………………………………………………………………………………. 205
6.11 State Immigrant-related Legislation Introduced & Enacted………………………………………. 206
7.1 Competing Immigration Policy Plans, Key Elements, 1994…………………………………………… 241

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4.1 States with Most Restrictions on Alien Professional Employment (1920s-1930s)…….... 136
4.2 States with Most Restrictions on Alien Professional Employment (1920s-1930s)……….. 136
5.1 States with Most Involvement in Mexican Repatriation (1929-1934)………………………….. 162

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