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Philip L. Torrey, Principles of Federalism and Convictions for Immigration Purposes, 36 Immigr. & Nat’lity L. Rev. 3 (2015).


Abstract: In this article, I argue that while Congress possesses broad plenary authority to pass legislation concerning immigration, recent U.S. Supreme Court precedent — most notably the Court’s 2013 decision in United States v. Windsor — signals a rare moment when the judiciary may be receptive to a constitutional challenge to the Immigration and Nationality Act's federal conviction definition.