NewYorkUniversity
LawReview
Current Issue

Volume 82, Number 6

December 2007

In the Shadow of Article I: Applying a Dormant Commerce Clause Analysis to State Laws Regulating Aliens

Erin F. Delaney

State laws regulating aliens are increasing in number and scope. Yet the current doctrinal approaches to assessing the constitutionality of these laws fail to provide a predictable or desirable framework for distinguishing between permissible and impermissible state regulation of aliens. This Note, by analogizing to the Dormant Commerce Clause doctrine, aims to offer another approach to reviewing state laws regulating aliens—one that takes into consideration the state-to-state dimension of the national interests at stake in immigration law and policy, and that may provide a better means of addressing animus-based state laws.