With a Little Help from Our Feds: Understanding State Immigration Enforcement Policy Adoption in American Federalism

Since 2001, state governments have adopted 287(g) cooperative immigration enforcement agreements with the federal government that authorize their law enforcement personnel to assist in detaining violators of civil federal immigration law. Employing a theoretical framework drawn from theories of policy adoption, intergovernmental relations, and immigration research, we test which state‐level political, sociodemographic, geographic, and economic determinants influence states to enter into such a cooperative agreement. In addition to finding that the partisanship of a state's governor, a state's effort on public welfare, and an increase in a state's percentage of Hispanics are related to the adoption of a cooperative immigration enforcement policy, we found evidence of “steam valve federalism” working not at the state level as Spiro (1997) first theorized but at the local level. When a state's localities adopt immigration enforcement agreements with the federal government, the state itself is far less likely to adopt their own. Understanding the reasons states would adopt this type of policy sheds light on current trends in state immigration policy and their effect on future state/federal intergovernmental relations.     

The Ryan White Act in Dallas

Virtually every locality affected by the AIDS epidemic has had to confront changes in the demographics of the disease, shifts in federal priorities, and medical advances in AIDS treatment. Creating a consistent federal policy has proven difficult because the epidemic manifests itself differently in virtually every locality it invades. As a result, some local caseloads increasingly are dominated by intravenous drug users and others by gay men. In recognition of this reality, the primary federal program to fund AIDS services relies on local decisionmakers to make allocation decisions for serving the needs of their caseload. Under the Ryan White Comprehensive AIDS Resources Emergency (CARE) Act of 1990, local Health Services Planning Councils were assigned the task of creating an effective continuum of care for persons with HIV I AIDS and were empowered with the task of allocating federal funds to accomplish that objective. In some cases creating and fostering an effective continuum of care proved to be an essentially noncontroversial managerial task, while in other localities political turmoil and rampant self-interest served as barriers to program effectiveness. This article explores the relationship between local political culture and the development of AIDS programs in Dallas County, Texas. Specifically, we compare the provision of AIDS services in Dallas before passage of the Ryan White Act in 1990, how these services were affected by the Ryan White program, and the experiences since the reauthorization of the Ryan White Act in 1996.     

MANDATING AS A POLICY ISSUE – THE DEFINITIONAL PROBLEM*

Mandating of state policies by agencies of the federal government and of local government policies by both state and federal agencies has emerged in recent years as an important policy issue. This conceptualization of mandating behavior offers a typology based upon (1) substantive aspects of the mandate; (2) the method by which a mandate is imposed; and (3) the mode of application. Problems associated with different types of mandates suggest multidimensional effects of intergovernmental relations on state and local policy formulation and Implementation.     

Smart Growth Policy Choice: A Resource Dependency and Local Governance Explanation

Smart growth is a planning and land use policy objective that generally focuses on where development should occur and how best to protect natural resources. What explains the adoption of smart growth policy by local government? This study focuses on a cooperative intergovernmental program that seeks to enhance local government abilities to work toward achieving state goals on sustainability. Extant research suggests that local interest group preferences shape policy decisions. However, much of the evidence on the influence of local interest groups on smart growth policy is presented within the coercive intergovernmental context. This article argues that resource dependency influences local decisions in pursuing a smart growth agenda when state incentives are provided. The findings suggest that fiscal capacity and the characteristics of local governing institutions are significant predictors in the decision to take part in an intergovernmental program. Business and neighborhood interest groups have a significant effect on policy adoption, as do local characteristics depending on the smart growth functional area.     

The Limited Effects of Federal Environmental Justice Policy on State Enforcement

The federal government adopted several measures during the mid-1990s to address concerns about race-based and class-based disparities in environmental protection. This article examines whether these measures affected the pattern of state enforcement of three federal pollution control laws. Using differences-in-differences models to estimate the effects of the federal policy adoption, I find evidence of increases in state enforcement of the Clean Air Act in large African-American communities, but declines in enforcement in communities with large poor and Hispanic populations. Similarly, there is evidence that state enforcement of the Clean Water Act decreased in poor and African-American communities, but there were no real changes in enforcement of facilities regulated under the Resource Conservation and Recovery Act. Collectively, the analysis suggests that the federal policy had minimal positive effects on state regulatory enforcement.     

Intrastate federalism in Australia

The article applies a distinction often used in the study of Canadian federalism—intra‐versus interstate federalism—to the Australian federal system. The intrastate federalism model focuses on the representation of state, regional and local interests directly within central government institutions. On the surface the model appears to have little applicability to Australia. However, the examination of selected Commonwealth institutions and arenas, primarily the cabinet and party system, indicates that intrastate practices may in fact be much more pronounced in Australia than what is generally supposed. There are networks of influence at work outside the confines of standard intergovernmental arenas, networks that at times can be used to advantage by state governments or by state or local interests, at other times by the Commonwealth to enhance centralised control or even to undermine the status of state governments as legitimate actors within the Australian federal system.     

Election Administration Reform and State Choice: Voter Identification Requirements and HAVA

This research examines factors that have influenced state choices about methods of voter identification practices in the current environment of election administration reform. State voter identification practices have been an active area of state policy action since 2000. Rival explanations for state adoption of voter identification requirements are analyzed for three national election cycles following the 2000 presidential election. State voter identification practices are classified according to levels of relative stringency and in terms of variation from federal requirements for voter identification under the Help America Vote Act of 2002. State decisions to adopt more stringent forms of voter identification are significantly influenced by intrastate factors including Republican Party control of state government, traditionalist state political culture, and greater levels of racial/ethnic diversity. Federal review of election practices under the Voting Rights Act is positively associated with more moderate approaches to voter identification but is not significant over this time period.     

Policy development and engagement: perspectives and insights from key stakeholders involved in the creative industries in north Queensland,Australia

Like many western nations, the Australian government invests significant resources in creative industries at federal, state and local levels. While the majority of investment exists in the southern part of Australia, the current federal government has drawn attention to the need to develop the vast northern area of the country. North Queensland is the most populated area of northern Australia, hence key to this broader vision for the country. This case study therefore presents findings from interviews with key stakeholders involved in the development and/or promotion of cultural policy in north Queensland, including participants working at national, state and local levels. The findings are significant and point to four issues of ongoing relevance: the impact of policy and associated engagement issues, reductions in government funding, the fragmented nature of the creative industries, and the particular challenges facing north Queensland in terms of the northern Australia vision.     

Multilevel Instruments for Infrastructure Investment: Evaluating State Revolving Funds for Water

In recent decades, the federal government has introduced complex, multilevel state‐operated revolving loan fund programs as an instrument for promoting state and local investment in national infrastructure priorities while limiting direct federal involvement in implementation. A federally funded state revolving fund (SRF) program combines features of a categorical matching grant to states and a subsidized loan program to localities, both of which should lower the effective price of infrastructure investment and therefore promote higher levels of infrastructure investment. However, little evidence exists to date on whether these programs stimulate new subnational spending or instead displace spending that would have occurred otherwise. We evaluate the stimulus effects of SRFs by examining the two largest such programs, the Clean Water and the Drinking Water SRF Programs. Analyzing 17 years of state‐level panel data, we find evidence that the flow of federal funds to states under the SRF programs stimulates new local investment in wastewater infrastructure, but not in drinking water infrastructure. In discussing several possible explanations for these divergent results, we argue for further research that emphasizes the intergovernmental features of this financing tool.     

Federal Aid and Rural County Highway Spending: A Review of the 1980

The Reagan/Bush Administrations cut back federal support for state and local governments during the 1980s, causing total real resources available to finance local roads and bridges to increase very slowly between 1977 and 1989. The effect of federal aid on spending for infrastructure has been subject to debate for many years. Some studies have indicated that federal aid is stimulative, while others report that federal aid substitutes for local resources. This article examines the effect of state and federal aid on county highway spending. The analysis demonstrates that, in 1987, federal aid was stimulative but state aid was not. In light of changes brought about by the Surface Transportation Efficiency Act of 1991 (ISTEA), we can expect federal aid to have a stronger relationship with local highway spending.     

Origins of State Housing Policy in Canada: the Case of the Central Mortgage Bank

In the literature, Canadian federal housing policy is most often considered to be a post-Second World War phenomenon and to have been effectively initiated, at least in an institutional sense, with the establishment of Central Mortgage and Housing Corporation (chmc) in 1945 (Bettison, 1975; Hatch. 1975; Rose, 1980). It is generally accepted that the state was led to intervene in the private housing market as a result of an unprecedented demand from returning servicemen. This demand was heightened by increasing levels of disposable income and exacerbated by reduced levels of housing production during the war. In this scenario. the state is seen to have been responding to a specific market crisis; the response resulted in the creation of various agencies, most notably cmhc, and in National Housing Act amendments, virtually all of which took place in the post-war era. The ‘market-crisis’ perspective to the study of federal housing policy tends to overlook the initiation of state monetary and credit system management during the 1930s and its implications for the form of state intervention in housing during the 1940s and beyond. I wish to make a case here for pushing back the study boundaries to at least the early 1930s in conjunction with a brief examination of the Central Mortgage Bank (cmb). The argument is that the essential ‘actors’ in the determination of housing policy at the federal level (i.e. the Department of Finance, the institutional lenders [particularly the insurance companies], and the provinces) came to be delineated in the 1930s around the issue of debt management in the wake of widespread mortgage default, especially in the rural districts of the prairie provinces. The cmb, although never becoming active, is seen here as the first substantial collaboration between the state and finance capital in the area of residential mortgage lending practices. It represents an additional facet of state monetary and credit system management that proceeded apace with the formation of the Bank of Canada in 1935.     

Performance Goal Achievement in Fiscal Federalism: The Influence of State Partisan Environments and Regulatory Regimes

With tight budgets and hyper‐partisan interactions within and between the states and federal government, attention is being paid to the implementation of federal programs. This is particularly important because, as the recently implemented American Recovery and Reinvestment Act suggests, state administrators are often the implementers of federal policy. This study integrates the fiscal federalism literature with that on implementation and bureaucratic response to examine the effect that within‐state factors have on the degree of performance goal achievement in federally funded, state implemented programs. The findings suggest that, when implementing federal programs, state administrators face conflicting political incentive structures and policy‐specific capacity and capability deficits that influence their motivation and ability to achieve performance goals.     

Public Policy and Intergovernmental Relations: Measuring Perceived Change(s) in National Influence-The Effects of the Federalism Decade

Federal grants-in-aid have been a major instrument for the exercise of national influence on the states. This research investigates empirically the degree of perceived national influence (PNI) exerted through the grant process during the 1970s and 1980s. Respondents were state administrators heading agencies that received federal grants. Surveys at four points in time across the two decades produced a unidimensional measure of PNI. PNI levels were notably higher in the 1970s than in the 1980s. Two competing explanations were offered to account for the decline: (a) intergovernmental institutional policy changes promoted by the Ronald Reagan administration from 1981 through 1988, and (b) symbolic and rhetorical advocacy of an altered (reduced) national role in relation to the states. Both factors appear to have contributed to sharp decline in PNI between the mid-1970s and the mid-1980s.     

Moderating Local Capacity: Exploring EO 12372's Intergovernmental Review Effects on Federal Grant Awards

This article asks whether the Reagan Executive Order (EO) 12372 matters for intergovernmental fiscal relations today. To address this question, federal grant receipts from programs that are, and programs that are not, covered by EO 12372 are compared by examining the differential effects of political and local administrative capacity on each. Grant receipts are examined by coding federal grant award data from 1993 to 2003 using Catalog of Federal Domestic Assistance reference numbers. In the case state, Kentucky, Area Development Districts are the regional functionaries for the state single point of contact clearinghouse, by virtue of which status they review proposals for federal funding originating in, or affecting, their districts. Since federal award decisions take clearinghouse information into account on grant programs covered by EO 12372, differences in the effects of local capacity on receipt of grants covered and not covered by the EO are expected. Methodology used in this post‐only analysis is pooled cross‐sectional time series analysis with panel corrected standard errors. Results focus attention on the differential effects of government administrative and political capacity as they apply to federal grants covered, and not covered, by the EO.     

Matching Rates and Mandates: Federalism and Children's Medicaid Enrollment

An important focus of the federalism literature has been on analyzing the responses of lower levels of government to the financial incentives of intergovernmental grant programs. But grant conditions and mandates are also important features of grant programs, and these have received considerably less attention in the literature. This article examines the implementation of federal Medicaid mandates during the 1980s and 1990s to explicitly compare the relative responses of the states to matching rate incentives and statutory mandates. Using individual-level information on program enrollment to measure policy implementation, the results indicate that the federal mandates led to large changes in children's Medicaid enrollment. In contrast, the effects of the federal matching rate were much more limited. Moreover, the statutory mandates not only raised the average level of enrollment but also reduced the degree of policy variation across the states. While the current pattern of federal Medicaid matching payments reduces policy variation to some extent, these effects are modest compared to the impacts of the mandates. Mandates are a more powerful instrument for national policymakers than the comparatively weak fiscal incentives provided by matching rates.     

U.S. Environmental Policy Implementation on Tribal Lands: Trust,Neglect, and Justice

This study investigates the implementation of U.S. environmental protection laws under American Indian tribal governance. The landmark laws of the 1970s that form the core of America's environmental policy regime made no mention of American Indian tribal lands, and the subsequent research literature on environmental policy has given them little attention. The U.S. Environmental Protection Agency has primary implementation responsibility for environmental protection laws on tribal lands, which offers a unique opportunity to study direct federal implementation apart from typical joint state–federal implementation. Further, because Indian reservations are homes to a disproportionately poor, historically subjugated racial group, analysis of environmental programs on tribal lands offers a unique perspective on environmental justice. We analyze enforcement of and compliance with the Clean Water Act (CWA) and Safe Drinking Water Act (SDWA) to compare the implementation of environmental policy on tribal lands with nontribal facilities. Analysis reveals that, compared with nontribal facilities, tribal facilities experience less rigorous CWA and SDWA enforcement and are more likely to violate these laws.     

Federalism and Entrepreneurship: Explaining American and Canadian Innovation in Pollution Prevention and Regulatory Integration

Conventional wisdom provides an increasingly strong endorsement of far-reaching decentralization and delegation of authority to bureaucratic agents as the most likely mechanisms to attain such central environmental policy goals as pollution prevention, cross-media regulatory integration, and development of reliable measures of environmental outcomes. Canada would appear an unusually fertile context for such Innovation, given its far-reaching deference to individual provinces and their environment ministries in environmental policy. Comparative analysis of select sub national governments in Canada and the United States suggests that the states in general are far ahead of their provincial counterparts in most of these areas of innovation. Despite all the opprobrium heaped on the American environmental policy system, a combination of federal policy tools and state policy entrepreneur ship appear to contribute directly to this innovation in some states and are almost completely absent in the Canadian system. These findings suggest a need for careful study of the mix of intergovernmental policy tools and principal-agent relations most likely to realize desired environmental policy goals.     

Regional Forest Agreements: Resolving Resource Conflicts or Managing Resource Politics?

Regional Forest Agreements (RFAs) are the latest institutional response to conflict over the allocation, use and management of forests in Australia. RFAs involve a process of resource assessment leading to a long-term agreement between federal and state governments. This paper examines the approach to assessment being used in RFAs with reference to the literature on the practice of resource and environmental assessment and the changing shape of intergovernmental relations in Australia. It concludes that RFAs have not succeeded in resolving conflict over forestry, as was intended, but have successfully managed forest politics, both between governments and in the broader policy community.     

Triggers for Late Twentieth Century Reform of Australian Coastal Management

This paper identifies four triggers that underpinned the late 20th century reform of coastal management in Australia. These have operated across federal, state and local levels of government. The triggers are global environmental change, sustainable development, integrated resource management, and community awareness of management issues and participation in decision making. This reform has been driven by international and national forces. A number of inquiries into coastal management in Australia culminated in the production of a national coastal policy in 1995. This has led to fundamental changes in coastal management and to the recognition of the inevitability of changes in coastal systems. Federal policies and programs are being translated into action at the state and local government levels through a variety of funding mechanisms and programs. These involve capacity building, a memorandum of understanding between all levels of government, an enhanced role for state advisory or co‐ordinating bodies, and an increased role for public participation.     

Competitive Pressures and the Emergence of Mothers' Aid Programs in the United States

Do states compete in providing (or not providing) welfare services? Do competitive pressures shape state welfare program adoption? Even though interstate competition is viewed by some to be a ubiquitous feature of the American federal system and welfare state, there is mixed evidence as to whether such pressures have influenced cash assistance policy in the United States. Although evidence exists of competitive pressures in contemporary welfare program decisions, such pressures have not been found in examinations of early state welfare programs. To reconcile this seeming contradiction, I examine the impact of neighboring state behavior on the emergence of state Mothers’ Aid cash assistance programs during the early part of the twentieth century. Linking theory of intergovernmental competition to program diffusion, I argue that competitive pressures may play a greater role as programs evolve past the circumstances of initial adoption to decisions about program maintenance. Contrary to previous research, I find that state decisions regarding Mothers’ Aid were responsive to similar decisions in neighboring states. Further, there is evidence that women's political organizations were important to Mothers’ Aid adoption but not to how states subsequently structured those programs.