Additionally, this system of remittance regulation should be established through the federal authority, especially after the landmark 2012 Supreme Court case Arizona v. United States. The court rebuffed the state’s attempt to establish new legislation regarding illegal immigrants, finding the laws in violation of the supremacy clause. The clause empowers the federal authority over state and local ones, and that even “complementary” state legislation encroached on federal immigration powers. Immigration laws are not simply considered an extension of domestic policy, since immigrants come bearing other nation’s citizenship. Thus, immigration laws deal with how the United States treats foreign citizens and entities, not a state function but within federal foreign policy power (Guttentag 2013, pg. 11-18; Arizona v. United States, 2012, 567 U.S. 387). A state or another local entity attempting to enact this policy could face a court challenge in the face of a strong headwind of recent precedent.
As such, a system described would require Congressional legislation directing the Postal Service to create the remittance service with fee levels as detailed in the United Nations sustainable development goals, cost providing. Furthermore, Congress should mandate that all legal immigrants establish an account as part of the immigration process to ensure maximum participation among immigrant communities. Citizens should also have access to these remittance accounts, with no cap for anyone not associated with the immigration system. Complementary legislation could require that all remitting for permanent guest workers, permanent residents, etc must occur through the postal system until naturalization, and possibly continuing the mandate for a period of 5 years like the prohibition of public assistance to recently naturalized immigrants (Singer 2004, pg. 26-27). The goal of ensuring universal buy-in and the minimization of private remittance services is necessary for a successful and effective remittance regulation system. To further ensure immigrant community buy-in, any financial services provided should be held secret and anonymous unless account-holders violate the standards of its use and face additional fees and fines.