Okla., S.C., Utah could pass Ariz.-style anti-immigration laws

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Lawsuit filed to block Arizona immigration law

By Michael W. Savage
Washington Post Staff Writer
Wednesday, July 7, 2010; 1:13 PM

Which state is the next Arizona?

Attention is focused on the federal government's decision to challenge Arizona's strict anti-immigration law, but three other states could pass similar legislation next year. Oklahoma, South Carolina and Utah have each taken steps against illegal immigration, and politicians in the three states are advocating further measures when their legislatures reconvene early next year.

The Obama administration sued Arizona in federal court Tuesday, charging that the state law usurps federal authority, would hamper immigration enforcement and would lead to police harassment of those without proof of lawful status.

Lawmakers in at least 17 states drew up bills this year similar to Arizona's law, which allows officers to question anyone they suspect of being in the county illegally. But most of those measures are not considered likely to be adopted by state legislatures or signed by governors.

In Oklahoma, South Carolina and Utah, however, political factors improve the chances that state legislatures could follow Arizona's lead when they convene in 2011.

In 2007, Oklahoma led the way on such laws by adopting legislation that was the toughest ever against undocumented immigrants. The measure made it a felony to knowingly provide transport or shelter to an illegal immigrant, and blocked illegal immigrants from obtaining driver's licenses and tuition.

The lawmaker responsible for the measure, state Rep. Randy Terrill (R), has expressed a desire to go even further than the Arizona law when he introduces another bill next year that would seize property from businesses that knowingly employ undocumented immigrants.

Terrill cited the arrest of an alleged Mexican drug cartel member last week as evidence that an "Arizona-plus" measure is needed urgently. He said the effect of Arizona's law had been to push illegal immigrants "straight down Interstate 40" toward Oklahoma.

Vivek Malhotra, advocacy and policy counsel for the American Civil Liberties Union, said the administration's decision to sue Arizona could discourage other states from doing the same. But he said similar laws could be adopted in 2011.

"After the other border states, it is natural to look at the states that have enacted the most anti-immigrant laws" before Arizona, Malhotra said. He said he expected Oklahoma, Utah and South Carolina to make the "most vigorous effort" to enact similar legislation early next year.

South Carolina Gov. Mark Sanford (R) touted a comprehensive set of new measures against illegal immigration as the strictest yet when he signed it into law in 2008. The far-reaching measure forced businesses to check the immigration status of their workers. Harboring and transporting illegal immigrants also became a state crime. State lawmakers are seeking to build on it and were quick this year to draw up an Arizona-style bill, introducing it less than a week after the Arizona measure had been signed.

"We had a bill that was introduced this year that was very similar to the final version of the Arizona legislation. It was too late for us to move on it, but I have every expectation a new bill will be introduced in January," state Sen. Larry Martin (R) said in an interview.

"As long as an officer has a lawful reason to question someone, and then a suspicion develops [that] they are an undocumented person, then I think our law enforcement folks ought to be able to pursue that," he said.

In Utah, pro-immigrant advocates fear that new legislation clamping down on illegal immigration is inevitable next year. Several lawmakers there are advocating a crackdown.

Rep. Stephen Sandstrom (R), who has said he is interested in drawing up an Arizona-style law, was among a group of Utah's Republican state representatives to visit Arizona last week on a fact-finding expedition. Utah's Republican governor, Gary Herbert, has said he does expect to sign some form of immigration legislation next year. He is already meeting with those on all sides of the debate to find a way forward.

Utah also has a track record in delivering tough regulations designed to tackle illegal immigration. A state law that went into effect last year makes it illegal to harbor or employ undocumented aliens.

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