Abstract
In Chamber of Commerce v. Whiting, the U.S. Supreme Court decided that state governments could mandate compulsory enrollment in the otherwise voluntary federal E-Verify program. Though it deals primarily with employment of unauthorized workers, this case raises broader questions of the role of federalism in the current immigration regime. State and local entities continue to engage in immigration regulation because of their dissatisfaction with the federal approach and because of the impacts felt at the community levels. Looking to both the history of subfederal predominance and the current de facto tolerance of subfederal involvement provide perspective on the benefits of a system that contemplates a larger subfederal role. Using that as a launching point, this Comment proposes a new juridical approach in the hopes of allowing for greater subfederal involvement while protecting federal and individual interests.
