"Sanctuary Cities" and Local Citizenship

摘要: "San Francisco has become less like its [sanctuary city] self-image and more many other cities in the United States: deeply conflicted over how to cope with fallout of illegal immigration." (1) Introduction I. Four Dimensions Citizenship Local A. Defining B. II. San Francisco's Ordinance Historical Background The Bologna Lawsuit C. Recent Changes III. as Legal Status Rights Public Engagement D. Identity Conclusion INTRODUCTION Citizenship's location is generally understood reside primarily nation-state. (2) Accordingly, term citizenship (3) typically evokes membership a particular country. Yet, concept one only bounded by national borders long given way recognition that there are places--both outside within nation-state--where also located. (4) Indeed, scholars have noted, sub-federal sub-state spaces such sites where citizenship, particularly local or membership, been articulated, constructed, contested. (5) Critically, construction larger space which dominates, presents complex legal, theoretical, political, policy concerns. (6) Among these issues potential conflict between rights privileges attendant membership. (7) Perhaps no area law best illustrates tension than immigration law, when examining scope rights, non-citizens. At outset, ability non-citizens gain full States governed federal government through plenary power Congress regulate law. (8) Specifically, Immigration Nationality Act ("INA") subsequent amendments. (9) established terms conditions upon may be admitted, (10) removed, (11) eligible for legal permanent residence, (12) apply naturalization. (13) Collectively, provisions INA help define some determine process ultimately members polity. Sub-federal governments pass laws inclusionary (14) exclusionary (15) non-citizens, those who without authorized status undocumented immigrants, fundamentally affect congressionally prescribed For instance, policies provide municipal identification cards all residents, including (16) convey government's intent formally recognize include them citizens. (17) By contrast, deny immigrants entry into residential leases (18) signal their exclude unauthorized from borders, therefore classify nonmembers (19) As examples illuminate, both categories laws--inclusionary exclusionary--affect shape meaning States. This Article explores ways sanctuary illustrate tensions citizenship. this examines "sanctuary cities" arguably constructed located jurisdictions. Recognizing takes first step towards analyzing what implications, if any, places might on examined fully future. …