Title: 'There Be No Shelter Here': Anti-Immigrants Housing Ordinances and Comprehensive Reform
Abstract: This Note examines anti-immigrant housing ordinances (AIOs). Part I of this Note examines the most well-known AIOs – the Hazleton-style ordinances and legal theories used to challenge them. This is followed by a discussion of the less conspicuous “maximum occupancy” or “overcrowding” ordinances, changes to definitions of family, and the few successful challenges against these AIOs. Part II reviews the previous legal theories used to challenge AIOs and their relative effectiveness, including preemption doctrine. Unlike previous scholarship this Note concludes that preemption doctrine provides relatively stable ground on which to base a challenge against the most well-known AIOs. Challenges to occupancy ordinances, however, are not as successful. Part III offers alternative legal and public policy approaches to dealing with immigration and housing, such as increased protection for specific classes and decreased federal involvement in the housing sector. In particular, the Note argues that AIOs are best confronted with the recognition that there are roles to play for all levels of government. Part IV provides the Note’s conclusion: AIOs, in both of their forms, are best confronted by acknowledging that federal, state, and local governments each have a distinct role to perform in immigration law.
Publication Year: 2010
Publication Date: 2010-09-03
Language: en
Type: article
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