Thread: With Congress in a stalemate, state legislatures take on imm

WASHINGTON — With immigration on the back burner in Congress, state legislatures are pressing ahead with their own solutions, according to a report that provides an overview of the more than 1,100 immigration-related bills introduced this year in 44 states.

Twenty-six states have imposed new laws, ranging from employee verification requirements in Mississippi to toughened penalties against human trafficking in New Mexico. A total of 44 laws and resolutions emerged from state legislatures this year.

The study by the National Conference of State Legislatures indicates that states show little inclination of slowing down after seizing the initiative on immigration last year when Congress abandoned an immigration overhaul pushed by President Bush.

Experts say major immigration bills probably will remain sidelined in Congress until a new president takes office in January.

The three main candidates — Democratic Sens. Hillary Clinton of New York and Barack Obama of Illinois, and Republican John McCain of Arizona — previously have embraced key elements of Bush's plan, including a guest-worker program, legalization of undocumented workers and toughened enforcement. Since becoming a candidate, however, McCain has retooled his position to say that the border should first be secured before legalization provisions go into effect.

As of March 31, a total of 1,106 bills had been introduced in 44 states that have held legislative sessions this year. That pattern was comparable to last year, when 1,169 bills and resolutions had been introduced by April 13, 2007. At this time last year, 18 states had enacted 57 laws related to immigrants and immigration.

Texas, Nevada, North Dakota and Montana didn't have sessions this year. North Carolina's legislature won't convene until May 5.

Immigration legislation and policies at the state level encompassed all dimensions of the debate, with pro-immigration views as well as measures reflecting demands to limit immigrant access to services and employment.

"There is no one-size-fits-all solution," said Dirk Hegen, a Washington-based policy associate for the conference. "There is a continuum between the immigrant integration and the enforcement side. You'll find those two sides and everything in between."

Nearly 180 bills in 31 states dealt with employment, including employer sanctions for hiring unauthorized workers. Other bills sought to require employers to use the federal government's electronic verification system to ensure jobs are going to legal workers.

The Department of Homeland Security's push for states to comply with the REAL ID Act — which requires tamper-proof driver's licenses — generated stepped-up debate over illegal immigrant drivers. Eighty-five bills in 35 states dealt with licenses and identification, including measures requiring proof of legal status to obtain licenses.

Other restrictive measures toughed requirements for health benefits, empowered local law enforcement officers to enforce federal immigration laws and imposed financial penalties on "sanctuary cities" considered to have tolerant policies toward illegal immigrants.

Some bills bar illegal immigrants from attending college, but others offer assistance for learning English. Others sought to give immigrants and refugees greater access to health care.

http://www.mcclatchydc.com/homepage/story/34723.html

[b]Immigrant Policy Project
April 24, 2008

Overview of State Legislation Related to Immigrants and Immigration
January - March 2008

States are still tackling immigration related issues in a variety of policy arenas – More than 1,100 bills have been considered in the first quarter of 2008.

This report provides a first look at introduced legislation in 2008 and presents selected examples of enacted laws relating to immigrants and refugees. This process of legislative tracking and reporting is based on a comprehensive and inclusive methodology and captures all state legislation in which immigrants -- whether authorized or unauthorized, temporary migrants, aliens and refugees -- are affected.

As of March 31, 2008, at least 1,106 bills have been considered in 44 states this year.

Twenty-six states have enacted 44 laws and adopted 38 resolutions or memorials.

This level of activity is comparable to last year, when 1,169 bills and resolutions had been introduced (as of April 13, 2007). At this time last year, 18 states had enacted 57 laws related to immigrants and immigration. State legislatures had also adopted at least 19 resolutions
and memorials.

States continue to address both enforcement and integration issues related to immigrants. As in recent years, the top three areas of interest are law enforcement, employment, and identification documents.

Six states are not in regular session in 2008, though two – Arkansas and Oregon – held special sessions. Montana, Nevada, North Dakota and Texas have no regular session. North Carolina’s legislative session convenes on May 5, 2008.

High Activity States (more than 21 pieces of legislation introduced), 21 states follows: Alabama, Arizona, California, Florida, Georgia, Hawaii, Illinois, Maryland, Michigan, Minnesota, Mississippi, Missouri, New Jersey,
New York, Oklahoma, Rhode Island, Tennessee, Utah, Virginia, Washington, and West Virginia.

Medium Activity States (11-20 introduced) 9 states follows: Colorado, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, New Mexico, and South Carolina.

Low Activity States (1-10 introduced) 14 states follows: Alaska, Connecticut, Delaware, Maine, Massachusetts, Nebraska, New Hampshire, Ohio, Oregon*, Pennsylvania, South Dakota, Vermont, Wisconsin, and Wyoming.
*Oregon held a special session[i]

No Regular 2008 Legislative Session / not yet in session, 6 states follows: Arkansas, Montana, Nevada, North Dakota, Texas, and North Carolina*.
*Legislature convenes 5/13/2008.

Main Topics Number of Bills Introduced States
Education 74 22
Employment 179 31
Health 63 22
Human Trafficking 24 14
ID/Driver’s Licenses/Other Licenses 192 35
Law Enforcement 198 35
Legal Services 18 10
Miscellaneous 104 31
Omnibus/Multi-Issue Measures 41 16
Public Benefits 67 25
Voting 24 12
Resolutions 122 28
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TOTAL 1106 44

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__________________________________________________ ___________

EDUCATION
74 bills were introduced in 22 state legislatures:
Arizona, California, Connecticut, Florida, Georgia, Hawaii, Idaho, Indiana, Maryland, Minnesota, Mississippi, Missouri, New Jersey, New Mexico, Oklahoma, Rhode Island, Tennessee, Utah, Virginia, Washington, West Virginia and Wyoming.

Over a third of these proposed actions deal with tuition payment benefits and grants or scholarships. Some of the bills exclude unauthorized immigrants from attending higher education facilities. Others provide for assistance in learning English and for a larger
selection of language classes.
__________________________________________________ ___________
EMPLOYMENT
179 bills were introduced in 31 state legislatures:
Alabama, Alaska, Arizona, California, Colorado, Florida, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana Maryland, Michigan, Minnesota, Missouri, Mississippi, Nebraska, New Hampshire, New Jersey, New York, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Virginia, Washington and West Virginia.

State legislatures deal with a variety of issues in the employment arena, including employer sanctions for hiring unauthorized workers and address the use of federal employment eligibility verification systems (E-Verify) by public agencies, private employers or state contractors. Other bills relate to immigrants’ unemployment compensation, identity theft legislation specific to employment, wage withholding for non-resident aliens and state
temporary worker programs in Arizona and Colorado.
__________________________________________________ ___________
HEALTH
63 bills were introduced in 22 state legislatures:
Arizona, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Kansas, Maryland, Massachusetts, Minnesota, Missouri, New Jersey, Rhode Island, South Dakota, Tennessee, Virginia, Washington and Wisconsin.

These bills generally address eligibility requirements for health programs and services and identify programs that support certain immigrant and refugee communities and their access to health care. Several bills also relate to the licensure of foreign health professionals and some bills more specifically deal with the accreditation of Canadian health professionals.
__________________________________________________ ___________
HUMAN TRAFFICKING
24 bills were introduced in14 state legislatures:
Arizona, California, Florida, Hawaii, Indiana, Maryland, Minnesota, New Jersey, New Mexico, Oklahoma, Rhode Island, Utah, Vermont and West Virginia.

These bills generally define the crime of human trafficking, sex trafficking and involuntary servitude and establish or increase penalties. Some bills provide for the creation of task forces to further investigate the issue. Some bills also provide for support services for victims.
__________________________________________________ ___________
ID / DRIVER’S LICENSES / OTHER LICENSES
192 pieces of legislation were introduced in 35 state legislatures:
Alaska, Alabama, Arizona, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Iowa, Idaho, Illinois, Indiana, Kentucky, Louisiana, Maryland, Maine, Michigan, Minnesota, Missouri, Mississippi, Nebraska, New Jersey, New York, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Virginia, Vermont, Washington, and West Virginia.

85 bills relate to driver’s licenses and other IDs: A majority of these bills would create stricter guidelines with regard to residential status and proof of legal status in obtaining an ID or driver’s license. Several bills relate to the implementation of Real ID. Some bills would provide for certain non-citizens or unauthorized residents to obtain driving certificates. Others deal with penalties and procedures for uninsured drivers or drivers imprisoned with DUIs.

83 bills related to licensing: 20 proposals relate to the sale and/or possession of arms. Many bills address requirements for various professional and commercial licenses. Some legislation pertains to property, life settlements, and insurance. 24 bills address documentation requirements. These actions included several bills creating or expanding penalties for possessing or participating in the creation of false identification documents.
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LAW ENFORCEMENT
198 bills were introduced in 35 state legislatures:
Alabama, Alaska, Arizona, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, New York, Oklahoma, Rhode Island, South Carolina, Tennessee, Utah, Virginia, Washington, West
Virginia and Wisconsin.

Several law enforcement bills include measures that would authorize the state attorney general to negotiate a Memorandum of Understanding (MOU) with the U.S. Department of Homeland Security with respect to state law enforcement agencies’ cooperation in the enforcement of federal immigration laws. Several bills would penalize the transportation or
harboring of unauthorized aliens. A number of bills require law enforcement personnel to determine the immigration status of arrested or jailed non-citizens. Some bills relate to “sanctuary citiesâ€