m6 a2

Assignment 2: Application—Analysis of the Preemption Doctrine, Immigration, and Access to Postsecondary Education

The United States has a long history of political and social conflict regarding immigration, which continues to be a hot topic. At the crux of the topic is a simple but difficult question—what resources should be used to educate what groups of students? In other words, at its core, the debate about immigration and education is about the distribution of resources.

In this assignment, you will demonstrate an understanding of the supremacy clause and the preemption doctrine and their application to immigration issues relevant to postsecondary and higher education institutions.

Tasks:

The supremacy clause of the US Constitution (Article VI, Clause 2) declares the Constitution and the laws of the United States to be the supreme laws of the land for a reason; immigration laws come under this classification. The 2004 decisions inEqual Access v. Merten illustrate the role standards play in preemption analysis. Many consider the case to be one that highlights the precarious position of state and local policies targeting immigration.

Given the recent wave of immigration-related local or state ordinances, do you think it is time to reevaluate the role of federal standards in ensuring equal access to postsecondary education?

When formulating your response, flesh out your opinion first and then find references (case law and legislation) to support your position. Explain your answer using references and resources.

Address the following in your response:

• The supremacy clause of the US Constitution
• The preemption doctrine
• An explanation or summary of Equal Access v. Merten
• Assessment of the need to reevaluate standards and an explanation of said assessment
• The sources of law (case law or policy) that were used to support your opinion

Submission Details:

• By Wednesday, June 17, 2015, save your report as M6_A2_Lastname_Firstname.doc and post it to the M6: Assignment 2 Dropbox.