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2007 State Laws Related to 2007 State Laws Related to ImmigrationImmigration

Sheri Sheri SteiselSteiselFederal Affairs CounselFederal Affairs Counsel

Dirk Hegen Dirk Hegen Policy AssociatePolicy Associate

Immigrant Policy ProjectImmigrant Policy Project

The National Conference of State LegislaturesThe National Conference of State Legislatures

Phoenix, ArizonaPhoenix, ArizonaNovember 2007November 2007

OverviewOverview

•• Federal attempts to comprehensively or partially Federal attempts to comprehensively or partially reform the immigration system reform the immigration system

•• State legislative responses in the immigration State legislative responses in the immigration arenaarena

•• Specific examples of laws in the statesSpecific examples of laws in the states•• Summary/OutlookSummary/Outlook•• QuestionsQuestions

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Federal ActivityFederal Activity

Since Congress’ failed attempt to enact Since Congress’ failed attempt to enact comprehensive immigration reform (CIR) in comprehensive immigration reform (CIR) in June 2007, the federal government has tried June 2007, the federal government has tried (and failed) to enact several piecemeal (and failed) to enact several piecemeal immigration bills.immigration bills.

The CLEAR ActThe CLEAR Act

•• H.R. 3494, 842: “Clear Law Enforcement H.R. 3494, 842: “Clear Law Enforcement for Criminal Alien Removal” (CLEAR) Act for Criminal Alien Removal” (CLEAR) Act of 2007 by Rep. Marsha Blackburn (Rof 2007 by Rep. Marsha Blackburn (R--TN) TN) –– Empower states and localities to help enforce federal Empower states and localities to help enforce federal

immigration laws, deport criminal aliens immigration laws, deport criminal aliens

•• Cosponsors: 134Cosponsors: 134

•• Status: Committee on the JudiciaryStatus: Committee on the Judiciary

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AgJOBSAgJOBS

•• S. 340: “S. 340: “Agricultural Job Opportunities, Benefits, Agricultural Job Opportunities, Benefits, and Security and Security ((AgJOBSAgJOBS) Act of 2007 by Sen. Dianne ) Act of 2007 by Sen. Dianne Feinstein (DFeinstein (D--CA)CA)–– Establishes an agricultural guest worker program with Establishes an agricultural guest worker program with

adjustment option for permanent residency adjustment option for permanent residency

•• Cosponsors: 30Cosponsors: 30

•• Status: Initially, Majority Leader Harry Reid (DStatus: Initially, Majority Leader Harry Reid (D--NV) promised NV) promised in July to insert in July to insert AgJOBSAgJOBS into the farm bill. By November, this into the farm bill. By November, this became unlikely.became unlikely.

SAVE ActSAVE Act

•• H.R. 4088: “H.R. 4088: “Secure America Through Secure America Through Verification and Enforcement” Verification and Enforcement” Act of 2007 Act of 2007 by Rep. Heath Shuler (Dby Rep. Heath Shuler (D--NC)NC)–– Provide for border enforcement and employer sanctions Provide for border enforcement and employer sanctions

•• Cosponsors: 134Cosponsors: 134

•• Status: A number of committees began considering Status: A number of committees began considering parts of the bill on November 6parts of the bill on November 6

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DREAM ActDREAM Act

•• S. 2205: “S. 2205: “Development, Relief and Development, Relief and Education for Alien Minors Education for Alien Minors Act of 2007” by Act of 2007” by Sen. Richard Durbin (DSen. Richard Durbin (D--IL)IL)–– Grant permanent residency to some unauthorized students Grant permanent residency to some unauthorized students

who pursue higher education or military service who pursue higher education or military service

•• Cosponsors: 3Cosponsors: 3

•• Status: Cloture motion failed 52Status: Cloture motion failed 52--44, October 2444, October 24

STRIVE ActSTRIVE Act

•• H.R. 1645: “Security Through Regularized H.R. 1645: “Security Through Regularized Immigration and a Vibrant Economy Immigration and a Vibrant Economy ActAct of 2007 ” by of 2007 ” by Rep. Louis Gutierrez (DRep. Louis Gutierrez (D--IL)IL)–– Comprehensive immigration reform: border enforcement, legalizatiComprehensive immigration reform: border enforcement, legalization, on,

AgJOBSAgJOBS, DREAM Act, and other provisions , DREAM Act, and other provisions

•• Cosponsors: 73Cosponsors: 73

•• Status: Stalled in various committeesStatus: Stalled in various committees

•• NCSL testified before the committee in May 2007NCSL testified before the committee in May 2007

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State ResponsesState Responses

In the face of the continued inability of the In the face of the continued inability of the federal government to enact immigration federal government to enact immigration reform, states have become increasingly active reform, states have become increasingly active and continue to enact their own legislation.and continue to enact their own legislation.

State Legislation in the past DecadeState Legislation in the past Decade

• 1997: 202 bills (50 enacted; 9 vetoed)

• 1998: 136 bills (22 enacted; 3 vetoed)

• 1999-2004: (50-100 range)

• 2005: 300 bills (38 enacted; 6 vetoed)

• 2006: at least 570 (at least 84 enacted; 6 vetoed)

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20062006

Interest in immigration issues at unprecedented level in the states.

• 570 bills were introduced; at least 90 passed legislature, doubling over 2005

• 84 bills enacted in 32 states; 6 bills vetoed • Topics: broad range similar to 2005; highest attention

to employment and human trafficking• Comprehensive approaches

32 States (in dark) Enacting Immigrant 32 States (in dark) Enacting Immigrant Legislation in 2006Legislation in 2006

MD

AK

HI

WA

OR

CA

ID

NV

MT

WY

UTCO

AZ NM

ND

SD

NE

KS

OK

TX

MN

IA

MO

AR

LA

WI

IL

MI

IN

KY

TN

MS AL GA

FL

OH

WV VA

NC

SC

DE

PANJ

NYCT

RI

MA

VTNH

ME

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2007

• As of November 16, 2007, no fewer than 1562pieces of legislation related to immigrants and immigration had been introduced among the 50 state legislatures.

• Of these bills, 244 became law in 46 states. 11 bills have been vetoed by governors. Two measures are pending governors’ review.

Immigration Immigration -- A 50 State IssueA 50 State Issue

•• Debates in Debates in all 50 stateall 50 state capitols capitols

•• Originally an issue for only the “7 big Originally an issue for only the “7 big immigration states”: California, Texas, Florida, immigration states”: California, Texas, Florida, New York, Illinois, New Jersey and Arizona)New York, Illinois, New Jersey and Arizona)

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Main Topics in State ImmigrationMain Topics in State Immigration--Related Related

Legislation in 2007Legislation in 2007

101737165Law Enforcement

314247259ID/Driver’s Licenses/Other Licenses

13182983Human Trafficking

111632147Health

203145244Employment

172034131Education

StatesEnacted Laws

StatesNumber of Bills Introduced

Main Topics

Main Topics in State ImmigrationMain Topics in State Immigration--Related Related Legislation in 2007 Legislation in 2007 -- IIII

11829Omnibus

46244501562TOTAL

185037162Resolutions

002353Voting

193240153Public Benefits

111434116Miscellaneous

331220Legal Services

StatesEnacted Laws

StatesNumber of Bills

Main Topics

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As of November 16, 2007, 46 States (in dark) Enacted As of November 16, 2007, 46 States (in dark) Enacted Immigration Related LegislationImmigration Related Legislation

MD

AK

HI

WA

OR

CA

ID

NV

MT

WY

UTCO

AZ NM

ND

SD

NE

KS

OK

TX

MN

IA

MO

AR

LA

WI

IL

MI

IN

KY

TN

MS AL GA

FL

OH

WV VA

NC

SC

DE

PANJ

NY

CT

RI

MA

VTNH

ME

State ImmigrationState Immigration--Related LegislationRelated Legislation

•• ImmigrationImmigration--related legislation covers almost related legislation covers almost every policy arena. Many states have focused on every policy arena. Many states have focused on employment, health, identification, driver’s and employment, health, identification, driver’s and other licenses, law enforcement, public benefits, other licenses, law enforcement, public benefits, and human trafficking.and human trafficking.

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Methodology of the 2007 ReportMethodology of the 2007 Report

• The Immigrant Policy Project’s reports on immigration related state legislation provide a national view on all relevant state legislative activities

• In this process of legislative tracking we act in an inclusive and comprehensive fashion, capturing all state legislation mentioning, for example immigrants, immigration, migrants, aliens, etc.

• No one knows their state better than legislators and their staff – please advise us of your corrections comments or additions.

States Respond in Many Ways and States Respond in Many Ways and Policy ArenasPolicy Arenas

• State activity expands into a range of policy arenas (originally eligibility for public benefits -welfare reform, primarily AFDC/TANF, SSI and food stamps; and citizenship and naturalization assistance.)

• Now bills address everything from education to employment, criminal justice to economic development.

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DemographicsDemographics

•• Immigrant population is significant and will Immigrant population is significant and will continue to grow (12% of the overall continue to grow (12% of the overall population; 1 in 5 children in US today live in population; 1 in 5 children in US today live in immigrant families, many of which are U.S. immigrant families, many of which are U.S. citizens)citizens)

Arizona HB 2779 HB 2779

•• Signed 07/02/2007Signed 07/02/2007

•• This law prohibits employers from knowingly or This law prohibits employers from knowingly or intentionally hiring undocumented workers and intentionally hiring undocumented workers and requires all employers to use the Basic Pilot Program to requires all employers to use the Basic Pilot Program to determine employees’ legal status. Nondetermine employees’ legal status. Non--compliance compliance might result in the revocation of business licenses. The might result in the revocation of business licenses. The law also forms a committee to study employerlaw also forms a committee to study employer--sanctions laws in Arizona and provides penalties with sanctions laws in Arizona and provides penalties with respect to business licenses.respect to business licenses.

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Illinois HB 1744 (Signed 8/13/2007)Illinois HB 1744 (Signed 8/13/2007)

The act provides that employers are prohibited from The act provides that employers are prohibited from enrolling in any Employment Eligibility Verification enrolling in any Employment Eligibility Verification System, including the Basic Pilot program, as System, including the Basic Pilot program, as authorized by federal law, until the Social Security authorized by federal law, until the Social Security Administration and Department of Homeland Security Administration and Department of Homeland Security databases are able to make a determination on 99% of databases are able to make a determination on 99% of the tentative nonthe tentative non--confirmation notices issued to confirmation notices issued to employers within 3 days.employers within 3 days.

Oklahoma HB1804Oklahoma HB1804

This law creates the Oklahoma Taxpayer and Citizen This law creates the Oklahoma Taxpayer and Citizen Protection Act of 2007 and relates to illegal Protection Act of 2007 and relates to illegal immigration. It restricts access to immigration. It restricts access to driver’s licensesdriver’s licenses, ID , ID cards and other licenses. It terminates several forms of cards and other licenses. It terminates several forms of public assistance and places tighter public assistance and places tighter restrictions on restrictions on higher education benefitshigher education benefits and provides for exceptions and provides for exceptions with respect to emergency care, disaster assistance and with respect to emergency care, disaster assistance and certain immunizations. It requires state and local certain immunizations. It requires state and local government’s law enforcement to enforce federal government’s law enforcement to enforce federal immigration law (Memorandum of immigration law (Memorandum of Understanding/Understanding/MOUMOU).).

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Oklahoma HB1804Oklahoma HB1804

•• The law makes it a The law makes it a felony to harbor, transport, conceal felony to harbor, transport, conceal or shelter unauthorized immigrantsor shelter unauthorized immigrants and provides for and provides for fines. It creates a fines. It creates a rebuttablerebuttable presumption that presumption that unauthorized immigrants are a flight risk with respect unauthorized immigrants are a flight risk with respect to bond determinations. It requires the verification of to bond determinations. It requires the verification of employment eligibility using the electronic employment employment eligibility using the electronic employment verifications system (EEVS) and provides for a verifications system (EEVS) and provides for a discrimination cause of action for the discharge of a discrimination cause of action for the discharge of a U.S. citizen while retaining an unauthorized immigrant U.S. citizen while retaining an unauthorized immigrant on the payroll. This act becomes effective November 1, on the payroll. This act becomes effective November 1, 2007.2007.

Arkansas HR 1003Arkansas HR 1003

• This resolution requests the President of the United States and the Congress to comprehensively reform immigration policy : (1) Securing our nation’s borders; (2) Developing a guest worker program; (3) Developing a guest worker taxation system that would be used to provide limited basic health care services to guest workers; (4) Cooperating with and assisting other countries in developing procedures and databases in those countries necessary for criminal background checks, the listing of each citizenship held, the employment skills (5) Cooperating with theState of Arkansas and other states in order to address current problems faced in the states connected to illegal immigration.

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Texas HB 1196 (Signed 06/15/2007)

• This law restricts the use of certain public subsidies to employ undocumented workers. It provides that a public agency, state or local taxing jurisdiction, or economic development corporation shall require a business that submits an application to receive a public subsidy to include in the application a statement certifying that the business, or a branch, division, or department of the business, does not and will not knowingly employ an undocumented worker.

Oregon SB 202Oregon SB 202

•• Farm labor contractors must provide workers' Farm labor contractors must provide workers' compensation insurance to farm workers. The compensation insurance to farm workers. The law also requires applicants for a farm labor law also requires applicants for a farm labor contractor license to provide proof that they are contractor license to provide proof that they are able to provide insurance.able to provide insurance.

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Maine SB 332Maine SB 332

•• An alien agricultural laborer may not receive An alien agricultural laborer may not receive unemployment benefits unless he or she is from unemployment benefits unless he or she is from a country with which the United States has an a country with which the United States has an agreement concerning unemployment agreement concerning unemployment compensation.compensation.

Illinois HB 664Illinois HB 664

•• This law establishes a prescription drug program This law establishes a prescription drug program for immigrants ages 65+ whose immigration for immigrants ages 65+ whose immigration status makes them ineligible for federal meansstatus makes them ineligible for federal means--tested benefitstested benefits

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Arizona HB 2467Arizona HB 2467

•• This law requires citizenship, permanent This law requires citizenship, permanent residency, or lawful presence in the United residency, or lawful presence in the United States to receive state public benefits. It also States to receive state public benefits. It also requires a person who applies for public benefits requires a person who applies for public benefits to submit documentation proving his or her to submit documentation proving his or her lawful presence in the United States.lawful presence in the United States.

North Carolina SB 1079 North Carolina SB 1079 (Signed 8/31/2007)(Signed 8/31/2007)

• Any non-resident who would otherwise be ineligible for state benefits shall be eligible if he or she is a victim of human trafficking.

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California ACR 51California ACR 51

•• Passed on July 12, this resolution designates Passed on July 12, this resolution designates June 2007 as “Hate Crimes Awareness Month” June 2007 as “Hate Crimes Awareness Month” due to an increase in hate crimes and due to an increase in hate crimes and underreporting by victims due to linguistic underreporting by victims due to linguistic barriers and immigration status.barriers and immigration status.

Oregon H.B. 2356Oregon H.B. 2356 –– Act 61Act 61

• Makes it illegal to perform any duties that would be classified as immigration consultation without active status in the Oregon Bar.

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Maine HB 90Maine HB 90

•• This bill requires a nonThis bill requires a non--citizen hunter hunting citizen hunter hunting moose, dear, or bear to be accompanied by a moose, dear, or bear to be accompanied by a licensed guide.licensed guide.

SummarySummary

• Size of the immigrant population is significant and will continue to grow.

• Immigration remains a major public policy issue for the States – both complex and emotional

• Federal inaction and gridlock has caused states to look for creative mechanisms to respond to the public in a range of policy arenas

• Many state laws in 2007 enacted in employment arena, highlighting employer responsibilities that are outlined already at the federal level by 1986 law – preemption challenge

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Thank you for your attention!Thank you for your attention!

Contact: Immigrant Policy ProjectImmigrant Policy ProjectNational Conference of State Legislatures444 N Capitol, NW #515Washington, DC 20001www.ncsl.org/programs/immig/202-624-5400