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    How Does Your State Measure Up on Immigration?
    Compiled by the DiversityInc staff

    © DiversityInc 2007 ® All rights reserved. No article on this site can be reproduced by any means, print, electronic or any other, without prior written permission of the publisher.

    Date Posted: November 13, 2007 Email a Friend Digg


    States across the country are enacting increasingly harsh penalties for undocumented immigrants and their employers. Which states have the harshest laws? Which states protect undocumented children? Here's a look at immigration legislation in most of the 50 states by legislation category such as education and employment. How does your state measure up?

    Source: National Conference of State Legislatures 2007, the Immigration Policy Watch, 2007
    http://www.ncsl.org/print/immig/2007Immigration831.pdf

    STATE BY STATE (in alphabetical order)


    Alabama

    Resolutions

    (4/26/07) Voting or registering to vote by undocumented immigrants is a felony.

    (6/7/07) Establishes the Join Interim Patriotic Immigration Commission, outlines its duties, responsibilities, purpose and membership.


    Arizona

    Education

    (5/8/2007) Establishes an adult-education division within the Department of Education responsible for teaching English to immigrants and supplementing the assimilation work of various agencies, among other requirements.

    Employment

    (4/24/2007) Addresses overtime compensation for undocumented immigrants.

    (7/2/2007) Prevents employers from knowingly or intentionally hiring undocumented workers and requires all employers to use the Basic Pilot Program to determine employees' legal status; forms a committee to study employer-sanctions laws in Arizona; and provides penalties with respect to business licenses.

    ID/Driver's Licenses/Other Licenses

    (5/8/2007) Applicants for liquors licenses must be U.S. citizens or documented immigrants.

    Law Enforcement

    (5/4/2007) Allows for detention of a material witness if testimony of a person is important in a criminal proceeding and subpoenas may not be practical because of the immigration status of the person.

    (6/25/2007) Funds immigration-law enforcement in the state.

    (6/25/2007) Denies release on bail for a felony if there is probable cause that the suspect is an undocumented immigrant.

    (7/2/2007) Requires agency to submit detainee's country of origin and criminal record to the court and the prosecuting agency to determine whether person is eligible for bail.

    Voting

    (7/2/2007) Vetoed legislation would have instructed county recorders in Arizona to reject any application for voter registration that is not accompanied by proof of citizenship and provides list of acceptable documents.

    Resolutions

    (2/20/07) Urges Congress to repeal privacy stipulations in the Real ID Act of 2005.

    (4/18/07) Increases rights of law-enforcement officials to enforce border security.

    (4/30/07) Urges Congress to continue to fund and complete border-security program that facilitates legal cross-border travel.


    Arkansas

    Employment

    (2/28/2007) State agencies cannot contract with businesses that employ undocumented immigrants and provide certification to this effect.

    (3/28/2007) Certain migrant farm laborers are not included under the definition of "employee" and are therefore excluded from minimum-wage and overtime laws.

    ID/Driver's Licenses/Other Licenses

    (3/30/2007) Applicants for liquor licenses must be U.S. citizens or documented immigrants.

    Resolutions

    (3/29/07) Urges Congress to secure borders and develop comprehensive immigration reform that cracks down on human trafficking, including a guest-worker program (does not mean amnesty), a guest-worker taxation program that enables guest workers to get limited basic healthcare, and cooperating with other countries and the state of Arkansas to address current problems stemming from undocumented immigration.


    California

    ID/Driver's Licenses/Other Licenses

    (5/14/2007) Applicants for firearms must be U.S. citizens or documented immigrants.

    Public Benefits

    (7/2/2007) Extends public benefits such as housing, income and educational support to migrant workers in the state and requires agencies responsible for distributing these benefits to comply.


    Colorado

    Employment

    (3/16/2007) Requires use of the Basic Pilot Program for public-service contracts to confirm employment eligibility of new hires.

    (4/26/2007) Identifies appropriate legal documents that prove legal U.S. residence for people applying for unemployment when individual is not a Colorado resident.

    Law Enforcement

    (6/1/2007) Requires a no-bond warrant be issued in a criminal case when the defendant is found to be an undocumented immigrant. Such a warrant must be issued when a defendant who has posted a bond is released to the immigration and customs-enforcement agency, and prohibits court from dismissing criminal charges against undocumented people.

    Public Benefits

    (3/1/07) Individuals applying for public benefits must provide proof of citizenship status.

    (3/22/07) Adds standards for verification of citizenship status to Department of Human Services for regulation.

    (5/14/2007) Provides provisions on child-custody laws to prevent abduction of child by someone who is undergoing a change in immigration status or is undocumented.

    Resolutions

    (05/17/2007) Requests reimbursement from federal government for costs associated with incarcerating undocumented immigrants.


    Connecticut

    Education

    (5/19/2007) Sets limitations and eligibility requirements for Visiting International Teacher permits.

    Human Trafficking

    (6/11/2007) Establishes a state council to monitor human trafficking within the state, within the country and across international borders.

    ID/Driver's Licenses/Other Licenses

    (6/11/2007) Requires department to prepare birth certificate or certificate of foreign birth for children born outside the country who are adopted by U.S. citizens or documented residents in the state.


    Delaware

    Human Trafficking

    (7/12/2007) Knowingly destroying, concealing, removing, confiscating or possessing any passport or other immigration document of another person is a felony. Also defines human trafficking and provides restitution and protection for victims of human trafficking.


    Resolutions

    (6/27/2007) Commissions the Delaware Economic Development office to study the costs and impact of undocumented immigration on the state.


    Florida

    Human Trafficking

    (7/1/2007) Gives human-trafficking victims access to state-funded support services.

    ID/Driver's Licenses/Other Licenses

    (6/15/2007) Applicants for driver's licenses must be U.S. citizens and provide proof that they are of a "nonimmigrant classification."

    Miscellaneous

    (6/9/2007) Vehicles transporting migrant or seasonal farm workers that fail to show a certification sticker incur a $100 fine.

    (6/27/2007) Motor-vehicle, motor-home and vessel-registration fees require an additional annual $50 fee for undocumented immigrants.


    Georgia

    Employment

    (5/18/2007) Compensation paid to undocumented workers by a taxpayer cannot be considered a business expense.

    ID/Driver's Licenses/Other Licenses

    (5/11/2007) Governor of Georgia can delay implementing the Real ID Act until the Department of Homeland Security has issued regulations that the governor finds will adequately protect the interests of state citizens related to citizenship status in the state.

    (5/29/2007) Alters eligibility requirements regarding conservation-use assessment to include natural citizens and naturalized citizens.


    Hawaii

    Employment

    (5/3/2007) Employing undocumented workers is prohibited in state and local government.

    (5/16/2007) Certain undocumented agricultural workers are ineligible for unemployment.

    Health

    (6/30/2007) Establishes the Hawaii children's healthcare program and the Hawaii infant care program as temporary three-year pilot programs to cover the children who include immigrants with temporary visas, otherwise ineligible for state and federal healthcare.

    Resolutions

    (3/13/07) Opposes the creation of a national identification card and urges Congress to repeal the REAL ID Act of 2005.

    (3/29/07) Condemns the United States Citizenship and Immigration Services' Fee Increase and recognizes immigrants' contributions to the state.

    (4/12/07) Expresses state support for international education pulling students into the state, citing its value to the state's future.

    (5/14/07) Requests the Hawaii Department of Health convene a task force concerned with providing services to migrants from Micronesia, the Marshall Islands and Palau.

    (5/14/07) Requests the Department of Human Services help provide public-service benefits to undocumented victims of human trafficking.

    (5/14/07) Requests the speedy issuance of visas for family reunification.

    (5/14/07) Urges Congress to enact legislation relating to Filipino family reunification, or similar legislation to provide speedily issue visas to Filipino Veterans' children with approved immigration petitions.


    Idaho

    Public Benefits

    (3/30/07) Requires proof of citizenship status for public-benefit eligibility.

    Resolutions

    (3/13/07) Requests improved border security and urges state Congress members to support the repeal of the federal REAL ID Act of 2005.


    Illinois

    Employment

    (8/13/2007) Regulates civil-rights violations for employers participating in the Basic Pilot Program and prohibits discrimination on the basis of citizenship.

    (8/13/2007) Department of Human Rights shall establish a statewide advisory council to study the impact of employment eligibility-verification systems in the state.

    ID/Driver's Licenses/Other Licenses

    (8/31/2007) Undocumented immigrants are not eligible for firearms licenses.

    Law Enforcement

    (8/16/2007) Undocumented immigrants convicted of felonies may be remanded to the custody of the U.S. Attorney General or deported upon motion of the state attorney.

    Public Benefits

    (8/28/2007) Allows migrant children to participate in youth-build programs.

    Resolutions

    (4/24/07) Urges Congress to enable those who attain permanent legal status by the age of 1 to run for president; also applies to children adopted outside the United States.

    (5/22/07) Urges Congress to repeal the federal REAL ID Act.


    Indiana

    Education

    (5/2/2007) Makes "a foreign student visiting in Indiana under any student exchange program approved by the state board" eligible for certain state aid.

    Health

    (5/2/2007) Creates a "rural healthcare pilot program" to allow healthcare providers, including migrant health centers, to receive grants for program participation.

    ID/Driver's Licenses/Other Licenses

    (5/8/2007) Driver's-license applicants must be U.S. citizens or documented immigrants.

    Legal Services

    (4/26/07) The law regulates notary publics, including prohibiting them from taking acknowledgement from a non-English speaker without having translated and read the instrument to them in their language.

    Public Benefits

    (5/4/07) Sets qualification requirements for immigrants for public-benefits programs and requires verification of legal residence.


    Iowa

    Health

    (5/29/2007) Depending upon the reauthorization of children's healthcare legislation and resources allocated for this legislation, the state may expand coverage to documented immigrant children and all pregnant women deemed ineligible under current federal law.


    Kansas

    Employment

    (4/5/2007) Excludes certain immigrant agricultural workers from the definition of employee in the Employment Security Law.

    ID/Driver's Licenses/Other Licenses

    (4/20/2007) For driver's licenses, requires submission of a photo ID unless the document contains the applicant's full legal name, date of birth, address and Social Security number; requires a Social Security number to remain confidential; requires proof of lawful U.S. presence and residence in the state; requires a mandatory facial image capture; and incorporates machine-readable technology.

    Miscellaneous

    (5/11/2007) Declares English the official language of the state and requires all documents and instructions be prepared in English. Offices may produce documents in other languages at their discretion.

    Public Benefits

    (4/5/2007) The Uniform Child Abduction Prevention Act sets guidelines for judges to determine when a child is at risk for abduction, including whether the petitioner or respondent is undergoing a change in immigration or citizenship status that would adversely affect the respondent's ability to remain in the United States legally.

    (5/11/2007) Outlines requirements and eligibility for public benefits for immigrants.


    Kentucky

    Employment

    (5/23/2007) Non-citizens and non-U.S. or Canadian residents aren't eligible for workers'-compensation self-insurance.

    Human Trafficking

    (3/19/2007) Establishes the Division of Child Abuse, Domestic Violence and Human Trafficking Services within the Cabinet for Health and Family Services.

    ID/Driver's Licenses/Other Licenses

    (3/23/2007) Requires driver's-license applicants to be U.S. citizens, permanent residents or of other documented status. The law also requires agencies that are hiring telecommunicators to be U.S. citizens or documented resident immigrants.


    Louisiana

    Health

    (7/9/2007) Requires medical attendants in licensed nursing homes to be U.S. citizens, U.S. nationals or permanent U.S. residents.

    ID/Driver's Licenses/Other Licenses

    (6/22/2007) Requires driver's-license applicants using foreign passports as proof of identity to provide immigration documents showing that they are authorized to be in the country for at least 180 days or 60 days for agricultural workers.


    Maine

    Employment

    (6/5/07) Requires proof of citizenship status to receive unemployment benefits from agricultural work.

    ID/Driver's Licenses/Other Licenses

    (5/15/2007) Only state residents are eligible for driver's licenses and non-driver identification cards; nonresident students and active-duty military personnel and the spouses and children of people on active military duty can receive non-driver identification cards if they are U.S. citizens or documented immigrants; and relates to migrant workers and others who may be affected by changes in eligibility requirements.

    Law Enforcement

    (6/4/2007) Involves the right of federal officers with jurisdiction over immigration, customs and border-security matters to carry firearms.


    Maryland

    Human Trafficking

    (5/8/2007) Prohibits human trafficking and using false or stolen ID.

    Legal Services

    (5/17/2007) Funds related to immigration legal services for the development, with Catholic Charities, of an Immigrant Service Program Facility.


    Public Benefits

    (3/22/07) Defines immigrants' eligibility for benefits and aid and outlines requirements for attaining those benefits.

    (5/8/07) Funds immigrant programs, benefits and supplements benefits in some areas, such as healthcare, when documented immigrants are ineligible for federal benefits.


    Minnesota

    Education

    (5/9/2007) Vetoed law that would have provided funding for educational programs and eliminated non-resident tuition at certain schools through additional funding.

    Employment

    (5/24/2007) Undocumented immigrants are not eligible for unemployment benefits.

    Health

    (5/24/2007) Requires that medical-license applicants provide a Social Security number, immigrant-registration card or tax identification number. Licensure requirements of two years' graduate study and accreditation are waived for permanent U.S. residents admitted before Oct. 1, 1991, and temporary non-immigrants who have exceptional ability in the sciences according to federal guidelines.

    (5/25/2007) Requires the human-services commissioner to provide information and referrals to newly arrived immigrants and states that childcare-service grants may be awarded for programs that serve ethnic immigrant and refugee communities.


    Mississippi

    Employment

    (4/25/2007) Undocumented immigrants are not eligible for unemployment benefits.


    Missouri

    ID/Driver's Licenses/Other Licenses

    (7/13/2007) Requires certain professionals to be U.S. citizens or documented immigrants for eligibility for professional licensing (endowed-care cemeteries, landscape architects, chiropractor training, funeral directors and embalmers, physical therapists, professional counselors, social workers, family therapists, pharmacy interns and real-estate appraisers).


    Montana

    Employment

    (3/27/2007) Undocumented immigrants, including agricultural workers on temporary visas, are not considered "employees" and are ineligible for unemployment insurances.

    (4/28/2007) In relation to independent contractors, undocumented immigrants, including agricultural workers or students on temporary visas, are not included under the definition of "employee."

    Human Trafficking

    (4/5/2007) Forbids involuntary servitude and human trafficking.

    ID/Driver's Licenses/Other Licenses

    (4/17/2007) Directs the state agency not to implement the federal Real ID Act.

    (4/24/2007) Only the last four numbers of Social Security numbers need be provided to receive recreational licenses in the state. Applicants for the license must state whether they are U.S. citizens or immigrants.


    Nebraska

    ID/Driver's Licenses/Other Licenses

    (5/15/2007) Applicants for professional licenses must be U.S. citizens or documented immigrants.


    Nevada

    Education

    (6/14/07) Millennium Scholarship applicants must be legal residents of the state for at least two years.

    Employment

    (6/15/2007) Alters workers' compensation to exclude immigrants who are non-U.S. residents at the time of the accident, injury or death.

    Human Trafficking

    (6/2/2007) Defines human trafficking as a felony with a sentence of one to 20 years, depending on the degree of the crime, in state prison and a fine of no more than $50,000. Also makes the crime one for which an individual may be charged as a habitual felon. Victims can recover actual and punitive damages in civil action with the personal property of the convicted felon subject to forfeiture.

    ID/Driver's Licenses/Other Licenses

    (6/13/2007) Revises certain segments of legislation regarding the issuance and renewal of drivers' licenses and identification cards of U.S. citizens and documented residents of the state to comport with the federal Real ID Act.

    Resolutions

    (5/14/07) Urges Congress to repeal the REAL ID Act of 2005.


    New Mexico

    Education

    (5/9/07) Vetoed law that would have established a program aimed at first-year migrant and seasonal farm-worker students at New Mexico State University to improve graduation rates and meet educational needs.

    Employment

    (4/2/2007) Excludes certain immigrants admitted to the United States to perform agricultural-labor services from unemployment compensation, pursuant to the Immigration and Nationality Act.

    Resolutions

    (2/19/2007) Urges Congress to develop and execute a national immigrant-worker program.

    (4/11/2007) Urges the federal government provide greater funding and assistance to the state of New Mexico to offset cost of being a border state.

    (4/11/2007) Asks the New Mexico Legislative Council to create a committee to research and develop solutions and recommendations for strengthening the state border while boosting the economy.

    (4/11/2007) Supports Sunland efforts to have the federal government create a vehicle and pedestrian noncommercial customs port of entry at the international border between Ciudad Juarez-Anapra, Mexico, and Sunland Park, N.M.


    New York

    Health

    (4/9/2007) Provides funds to the Department of Agriculture and markets for the farmers' market program and migrant worker services; increases the cost of living for migrant health workers. Allocates funds for a grant pool for community health centers to provide primary healthcare and outreach to migrant workers and their families.

    Human Trafficking

    (6/6/2007) Outlines provisions for dealing with human trafficking and provides services and restitution to victims.

    ID/Driver's Licenses/Other Licenses

    (7/3/2007) Grants a one-time three-year waiver of citizenship or resident immigrant status to certain immigrants who want to get veterinary licenses because of a shortage in veterinarians and veterinary technicians.

    Law Enforcement

    (4/9/2007) Provides funding for costs associated with incarceration of undocumented immigrants.


    North Dakota

    Education

    (5/3/07) Requires tracking of "new immigrant English learners" who were not born in the United States and have not been educated in the United States for more than three years, and additional compensation for the schools that serve them.


    Ohio

    Public Benefits

    (6/30/2007) Defines state benefits for immigrants in terms of public education and for migrant workers mostly in terms of childcare and healthcare.


    Oklahoma

    Education

    (6/4/07) Only U.S. citizens or documented immigrants are eligible for the Oklahoma Higher Learning Access Program (OHLAP).

    ID/Driver's Licenses/Other Licenses

    (6/4/2007) Allows issuance of armed private-investigator license and requirements, which include being a U.S. citizen or documented resident immigrant.

    Law Enforcement

    (4/17/2007) Police- or peace-officer trainees must provide proof of U.S. citizenship or documented status for certification.

    Miscellaneous

    (5/8/2007) Restricts access to driver's licenses, ID cards and other licenses to documented immigrants and U.S. citizens; ends several forms of public assistance and places tighter restrictions on higher-education benefits with some exceptions regarding emergency care, disaster assistance and certain immunizations. Requires state and local government's law enforcement to enforce federal immigration law, and makes it a felony to harbor, transport, conceal or shelter undocumented immigrants on penalty of fines. Requires the use of electronic employment-verification system to determine eligibility and makes the termination of a U.S. citizen while retaining an undocumented immigrant on the payroll eligible for a discrimination charge.

    (5/14/2007) Defines a tax of 8 percent instead of 30 percent as used in the Internal Revenue Code for state taxable income of nonresident immigrants

    Oregon

    Employment

    (6/1/2007) Workers found in violation of U.S. immigration laws are not eligible for disability awards under workers'-compensation claims.

    Human Trafficking

    (7/17/2007) Defines some forms of human trafficking as a first-degree offense with a maximum penalty of 20 years in prison, a $375,000 fine or both, and creates a task force to prevent human trafficking.

    ID/Driver's Licenses/Other Licenses

    (6/13/2007) Workers' compensation will not be granted to individuals found in violation of U.S. immigration laws.

    (6/13/2007) Requires proof of U.S. citizenship or documentation that resident has been in the country for at least six months, has intent to acquire citizenship and can present proof of written declaration to the sheriff at the time of license application.

    (6/25/2007) Broadens the scope of identity-theft crime and false proof of U.S. citizenship to include stolen identities of living and deceased people.

    Legal Services

    (5/9/2007) Performing duties classified as immigration consultation without active status in the Oregon Bar is illegal.

    Miscellaneous

    (5/31/2007) Allows the governor to declare abnormal disruption of market under specified circumstances and prohibit merchants and wholesalers from charging excessively high prices during one of these situations, which may include a crisis influx of migrants deemed unmanageable by a county.


    Rhode Island

    Human Trafficking

    (6/27/2007) Addresses child human-trafficking victims and fines and imprisonment for violators of the law.

    (7/2/2007) Defines human trafficking and involuntary servitude as a criminal offense.

    ID/Driver's Licenses/Other Licenses

    (7/2/2007) A Rhode Island license or identification card will be provided to residents on or after their 21st birthday proving legality of drinking age provided the applicant can prove he or she is a U.S. citizen or documented-immigrant resident.


    South Carolina

    ID/Driver's Licenses/Other Licenses

    (6/13/2007) The state will not participate in implementation of the Real ID Act.

    Resolutions

    (3/7/07) Urges the state governor to issue an executive order that prevents undocumented immigrants from receiving any public services or assistance.

    (5/31/2007) Urges Congress to repeal or decline implementation of the Real ID Act of 2005 and to oppose the creation of a federal national identification card.


    South Dakota

    ID/Driver's Licenses/Other Licenses

    (3/26/2007) Recognizes certain adoption orders from foreign jurisdictions and issues birth certificates for specific inter-country adoptions under specified conditions as a means of identification and proof of citizenship status.


    Tennessee

    Employment

    (5/24/2007) Prohibits the use in the state of a federal individual taxpayer identification number (ITIN) as a form of identification to prove immigration status.

    (6/26/2007) Describes administrative actions and procedures against employers who knowingly hire undocumented immigrants, including the temporary suspension of business licenses.

    ID/Driver's Licenses/Other Licenses

    (5/21/2007) Allows those authorized by the federal government to be in the United States to apply for temporary driver's licenses.

    Law Enforcement

    (05/15/2007) Requires the Department of Safety to work with federal authorities to executive specific immigration-law-enforcement functions, and authorizes trained highway-patrol officers to enforce federal immigration and customs laws in Tennessee.

    (6/1/2007) Prohibits transport of undocumented immigrants into the state, imposes a fine for violators, and funnels money received from such fines to costs associated with deporting undocumented immigrants that enter the state in this manner.


    Texas

    Employment

    (6/15/2007) Requires businesses that receive public subsidies to certify that they are not and will not knowingly employ or hire undocumented workers.

    Health

    (5/22/2007) Enables the Travis County Healthcare district board to certify a health organization, including migrant health centers, to employ or contract with physicians if the group is in a hospital district and meets certain operational standards.

    Human Trafficking

    (6/6/2007) Promotes cooperation between local and statewide governments to prevent human trafficking.

    (6/15/2007) Involves human-trafficking victims' rights to prosecute violator.

    ID/Driver's Licenses/Other Licenses

    (6/06/2007) Requires improved driver's license or personal-identification certificate.

    (6/15/2007) Applicants for provisional mortgage brokers' licenses must be U.S. citizens or documented immigrants.

    Law Enforcement

    (5/17/2007) People convicted of misdemeanors, if not documented immigrants or U.S. citizens, may be deported or denied naturalization under federal law.

    Public Benefits

    (6/15/07) Requires citizenship or documented status to be eligible for Temporary Assistance for Needy Families (TANF) employment programs and participation in those programs by certain parents who are not TANF recipients


    Utah

    Education

    (3/20/07) Makes it easier for documented immigrants to qualify for in-state tuition

    Employment

    (3/13/2007) Undocumented workers are not eligible for unemployment compensation.

    ID/Driver's Licenses/Other Licenses

    (3/12/2007) Undocumented immigrants in the state can buy hunting, fishing, trapping, seining, and fur-dealer licenses and certificates of registration.

    Public Benefits

    (3/14/2007) The Uniform Child Abduction Prevention Act sets guidelines for judges to determine when a child is at risk for abduction, including whether the petitioner or respondent is undergoing a change in immigration or citizenship status.

    Resolutions

    (3/13/07) Appoints legislative committee to examine the impact of identity theft on undocumented immigrants and human trafficking.


    Vermont

    ID/Driver's Licenses/Other Licenses

    (5/30/2007) Deals with laws concerning driver licenses issued to U.S. citizens and documented immigrants.

    Resolutions

    (4/13/07) Urges Congress to enact the Agricultural Job Opportunities, Benefits, and Security Act of 2007; highlights the economic value of immigrant workers to the state.

    Public Benefits

    (5/17/07) Establishes different social programs and sets limits on other programs that would help immigrants who would be federally ineligible for certain benefits because of their citizenship status to apply for state funds.


    Virginia

    Education

    (3/12/2007) Allows release of personal student records to the U.S. government if the student is a U.S. veteran, adopted, dependant of a veteran or immigrant of any kind.

    (3/13/07) Any student with an immigration visa or considered a political refugee is eligible for in-state tuition, but any person with a student or other temporary visa is not supposed to remain in Virginia indefinitely and therefore is ineligible for in-state tuition.

    (3/27/07) Defines residency requirements for in-state tuition, but does not mention immigrant populations.

    Employment

    (3/27/07) Considers the term "aliens and minors" within the definition as an employee under the Virginia Workers' Compensation Act.

    Health

    (3/24/2007) Migrant health centers are eligible to apply for state Pregnant Women Support grants that provide funds to women facing unplanned pregnancies, and can be used for upgrading ultrasound equipment; creating independent programs for domestic violence, dating violence, sexual assault and stalking; providing support services for women in institutions of higher learning; allocating funding for early-childhood-education programs for teens to complete high school or receive job training; and providing teen or first-time mothers with free home visits from registered nurses.

    Human Trafficking

    (3/19/2007) Misuse of immigration documents, false identities and other identity-documentation-related offenses are a felony under state law.

    (3/19/2007) Establishes legislative commission to develop and execute state plan for preventing human trafficking.

    (3/19/2007) Defines human trafficking as a felony and outlines penalties. Also provides for civil liability, business-entity liability, restitution to victims, and forfeiture of trafficker assets for law violators.

    ID/Driver's Licenses/Other Licenses

    (3/12/2007) Stipulates electronic application and technology requirements related to proof of U.S. citizenship or an undocumented-immigrant registration card.

    (3/19/2007) Outlines valid documentary evidence of citizenship for driver's-license applicants.

    (3/19/2007) Firearms dealers are prohibited from selling licenses to undocumented immigrants.

    Miscellaneous

    (4/11/07) Creates state commission in the executive branch of state government to conduct cost-benefit analysis on immigration in the state, including the effects on education, healthcare, law enforcement, local service and economic demands, and how this, in turn, affects federal immigration and funding policies.


    Washington

    Education

    (5/15/07) Includes budget allocation for groups contracted by the state immigration and refugee-assistance-services department to work with immigrants.

    Employment

    (5/8/2007) Revises background-check requirements for the departments of Social and Health Services and Early Learning. Governor vetoed section that would have created a task force to examine the need for and feasibility of verifying citizenship or immigration status of people for whom background checks are required.

    Public Benefits

    (5/15/07) Provides a $14-million subsidy for facilities that house low-income migrant, seasonal or temporary farm workers.

    Resolutions

    (4/12/07) Revises work-force training program to include more adult basic-education and English-language courses along with skill training for immigrants.


    West Virginia

    Employment

    (4/3/07) Employers are prohibited from hiring undocumented workers and are required to verify a prospective employee's legal status or work authorization. Those who fail to comply with the law incur penalties ranging from fines and jail sentences to revocation of business licenses.

    Public Benefits

    (4/3/07) Creates specific categories of immigrants for which exceptions are made ineligible for state public-benefits program.


    Wyoming

    ID/Driver's Licenses/Other Licenses

    (3/8/2007) The use of false identity, citizenship or resident-immigrant documents incurs a penalty and the documents are seized.


    http://www.diversityinc.com/public/2718.cfm
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  5. #5
    Senior Member Dixie's Avatar
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    State Laws Related to Immigrants and Immigration in 2008
    NCSL Immigrant Policy Project

    For full report:
    http://ncsl.org/print/immig/StateImmigR ... al2008.pdf

    EDUCATION (12)
    Twelve laws were enacted in eight states: Arizona, Georgia, Hawaii, Maryland, Minnesota, Oklahoma,
    Utah and Washington.
    These laws generally address in-state tuition eligibility, student loans, English language acquisition and
    access, as well as English as a Second Language (ESL) programs. Some laws establish commissions and task
    forces.
    Arizona SB 1096 (Became law without Governor signature 4/14/200
    This law appropriates $40.7 million for English language immersion programs.
    MD
    AK
    HI
    WA
    OR
    CA
    ID
    NV
    MT
    WY
    UT CO
    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
    PA
    NJ
    NY
    CT
    RI
    MA
    VT
    NH
    ME
    NCSL Immigrant Policy Project
    4
    Georgia SB 169 (Signed 5/13/200
    This law defines eligibility for postsecondary education student loans, including general loans for
    need and merit, an Educational Public Service Student Loan, and a Graduate On Time Student
    Loan. If a student is not a U.S. citizen or permanent resident alien who meets the definition of an
    eligible non-citizen under federal Title IV requirements, he or she is ineligible for these loans.
    Georgia SB 492 (Signed 5/14/200
    This law states that non-citizen students shall not be classified as in-state for tuition purposes unless
    the student is legally in the state and the Board of Regents determines their in-state classification.
    Lawful permanent residents, refugees, and asylees can receive equal consideration for in-state tuition
    as U.S. citizens. International students who reside in the United States under nonimmigrant status
    who do not abandon a foreign domicile shall not be eligible for in-state classification.
    Hawaii SB 2395 (Signed 4/8/200
    This law expands the language access advisory council within the Department of Labor and
    Industrial Relations to include several county representatives with an interest in language access. The
    law clarifies the definition of "written language services" as free provision of written information that
    allows limited English proficient persons to access services.
    Maryland HB 610 (Signed 5/13/200
    This law establishes a Task Force on the Preservation of Heritage Language Skills, which will
    compile data on the number of heritage speakers in the state and focus on innovative ways to
    encourage heritage language learning while also encouraging new citizens of the United States to
    learn and master English.
    Maryland SB 203 (Signed 4/24/200
    This law establishes a Workforce Creation and Adult Education Transition Council to coordinate
    adult education and literacy services with the Division of Workforce Development. The Council will
    include ten members appointed by the governor, one of whom will represent ESL providers.
    Minnesota SB 2942 (Signed 5/12/200
    This Act establishes enrollment requirements for the Achieve Scholarship Program for students
    including those who are U.S. citizens, refugees, or eligible non-citizens.
    Oklahoma HB 2229 (Signed 4/29/200
    This law clarifies that civil rights laws and the civil rights movement, including immigration history,
    will be included in social studies classes during Celebrate Freedom Week.
    Utah HB 86 (Signed 3/14/200
    This law appropriates $150,000 to the State Board of Regents to distribute to institutions that
    provide inmate postsecondary education through the Utah Department of Corrections. The
    postsecondary education is restricted to inmates with a legal presence in the United States.
    Washington HB 3168 (Signed 3/26/200
    This law establishes a Head Start Program to assist the educational needs of low-income populations
    in the early childhood education arena. Providers operating migrant and seasonal Head Start
    programs will be consulted in order to address the needs of children of migrant and seasonal farm
    worker families.
    NCSL Immigrant Policy Project
    5
    Washington HB 3212 (Signed 03/26/200
    This law orders reports of the Washington Assessment of Student Learning to disaggregate results by
    subgroups of students, including low income, transitional bilingual, and migrant students.
    Washington SB 6673 (Signed 4/1/200
    This law enhances funds allocated to eligible school districts where more than twenty percent of
    students are eligible for and enrolled in transitional bilingual instruction programs. It also requires
    student learning plans for high school students who were not successful on the Washington
    assessment, including schools serving English language learner students and schools with transitional
    bilingual programs. English language learners will qualify for help from the extended learning
    program.
    EMPLOYMENT (19)
    Nineteen laws were enacted in thirteen states: Alaska, Arizona, Colorado, Florida, Idaho, Maryland,
    Missouri, Mississippi, Pennsylvania, Tennessee, Virginia, Washington and West Virginia.
    Many of these laws provide for employer sanctions related to the hiring of unauthorized workers,
    employment eligibility verification requirements and penalties. These laws also include measures on
    unemployment benefits and one state seeks a state-based guest worker program.
    Alaska SB 120 (Signed 5/28/200
    This Act limits the disclosure of certain records of the state Department of Labor and Workforce
    Development but requires that some confidential information must be provided to several federal
    agencies, such as the U.S. Department of Homeland Security, to verify the immigration status of an
    individual claiming unemployment benefits. Effective immediately.
    Arizona HB 2745 (Signed 5/1/200
    This Act adjusts the prohibitions against knowingly or intentionally employing an unauthorized
    alien and eliminates independent contractors from the definition of employee. It provides for the
    Arizona Attorney General to establish a Voluntary Employer Enhanced Compliance Program. After
    September 30, 2008, the law prohibits an agency from issuing a license to an individual who does
    not establish legal presence and prohibits government entities from awarding a contract to any
    contractor and subcontractor that fails to use E-Verify. The Act establishes the crime of knowingly
    accepting the identity of another person or entity and expands the definitions of identity theft. The
    Act also provides that companies can be punished only for unauthorized workers they hired after
    January 1, 2008 and that a violation at one location of a company shuts down only that location,
    not the entire corporation. Effective May 1, 2008.
    Arizona SB 1125 (Signed 5/12/200
    This law provides for additional employer penalties and the payment of compensation benefits to an
    employee or to the employee’s estate if an employee injury results in permanent disability or death.
    An employee is defined as every person in the service of any employer subject to this chapter,
    including aliens and minors legally or illegally permitted to work for hire.
    NCSL Immigrant Policy Project
    6
    Colorado HB 1325 (Signed 6/5/200
    The Colorado Nonimmigrant Agricultural Seasonal Worker Pilot Program Act provides for
    expediting recruitment, application, and approval of workers through the federal H-2A visa
    (requiring a federal waiver). The law requires the labor, agricultural and economic development and
    international trade agencies in Colorado to seek agreements between Colorado and foreign countries
    to assist in the recruitment and selection of H-2A workers. The program will include sectors of the
    agriculture industry and allow up to 1,000 workers in the first year. It requires the country of origin
    of each worker to perform background checks. The law requires employers to provide
    transportation, housing, fair wages, workers’ compensation, and to withhold 20 percent of wages
    payable to the worker upon return to the country of origin. The law also provides for identification
    cards for the seasonal workers. It establishes an advisory council of legislators, agency officials and
    other stakeholders. Effective August 6, 2008.
    Colorado SB 139 (Signed 5/20/200
    This law requires that employers be notified of the prohibition against hiring an unauthorized alien
    and the availability of and participation requirements for the federal E-Verify program. The Act
    requires the Department of Labor and Employment’s website to provide this information. Effective
    August 6, 2008.
    Colorado SB 193 (Signed 5/13/200
    The law creates a program to allow a contractor to verify employment eligibility of all employees
    under a public contract and requires future participation in the Federal Electronic Employment
    Eligibility Program or the department program to verify the employment eligibility of certain
    employees. Effective August 6, 2008.
    Florida HB 601 (Signed 6/30/200
    The law revises duties of farm labor contractors and eliminates the requirement of a farm labor
    contractor to submit a set of fingerprints.
    Florida SB 1702 (Signed 6/10/200
    This Act raises the annual license taxes for wholesale and retail saltwater products dealers and
    differentiates between resident, non-resident and alien dealers. Effective October 1, 2008.
    Idaho HB 445 (Signed 3/3/200
    The law requires that a provision in the Idaho Code that prohibits employment of persons who are
    not U.S. citizens or eligible to become citizens on public works projects shall not apply to Capitol
    building projects. It is effective retroactively beginning July 1, 2007, and sunsets June 30, 2010. It
    precludes prosecution or punishment for any act or omission taking place between January 1, 2007
    through June 30, 2007, that could otherwise be subject to punishment.
    Maryland SB 650 (Signed 5/13/200
    The Act authorizes the commissioner of labor to investigate complaints relating to alleged violations
    of penal bonding requirements by employment agencies, including an agency or a person who
    obtains an immigrant visa for an individual. Effective October 1, 2008.
    NCSL Immigrant Policy Project
    7
    Missouri HB 2058 (Signed 6/11/200
    This law requires that any applicant of a tax credit program who purposely and directly employs
    unauthorized aliens has to forfeit any tax credits and must repay the amount of any tax credits
    redeemed during the period when an unauthorized alien was employed by the applicant.
    Mississippi SB 2988 (Signed 3/17/200
    The Act requires every employer in the state to use the E-Verify program to verify the employment
    authorization status of all newly-hired employees. No contractor or subcontractor shall hire any
    employee unless registered and participating in the system. State agencies and employers with at least
    250 employees must comply by July 1, 2008; employers with 100-249 employees must comply by
    July 1, 2009; employers with 30-99 employees must comply by July 1, 2010; and all employers by
    July 1, 2011. Penalties include loss of public contracts for up to three years, loss of licenses for up to
    one year, or both. Additionally, the law makes it a felony for unauthorized workers to knowingly
    accept or perform work in the state and it creates a private cause of action for legal U.S. residents laid
    off and replaced by unauthorized workers.
    Pennsylvania SB 1412 (Signed 7/10/200
    The law extends tax exemptions for unoccupied parcels and additional opportunity expansion zones
    and prohibits illegal alien labor in such zones.
    Tennessee SB 4069 (Signed 4/29/200
    The Act provides that upon receiving a complaint regarding the hiring of an illegal alien the
    Commissioner of the Department of Labor and Workforce Development shall inform the person
    against whom a complaint is made that they may request the name of the person filing the
    complaint. Effective immediately.
    Virginia HB 926/SB 782 (Signed 3/12/200
    This law provides for various disciplinary actions for a violation of state or federal law prohibiting
    the employment of illegal aliens, including revocation or cancellation of a certificate of authority,
    certificate of organization, or certificate of trust of any domestic or foreign corporation, limited
    liability company, limited partnership, or business trust conducting business in this state.
    Virginia HB 1298/SB 517 (Signed 3/12/200
    All public bodies shall provide in every written contract that the contractor does not, and shall not,
    during the performance of the contract for goods and services in the Commonwealth, knowingly
    employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of
    1986.
    Virginia HB 1386 (Signed 3/10/200
    The law provides for a program with federal eligibility requirements set by the U.S. Department of
    Veterans Affairs for service-disabled veteran-owned small businesses and defines small businesses as
    those owned by U.S. citizens or non-citizens who are in full compliance with immigration law.
    Washington HB 2779 (Signed 3/27/200
    The law requires obtaining a specialized forest products permit in order to harvest huckleberries and
    adds huckleberry harvesting to the specialized forest products industries in which minority groups
    (including refugees) have long been participants. The legislation encourages agencies serving
    NCSL Immigrant Policy Project
    8
    minority communities, refugee centers and other social service agencies to work cooperatively in the
    translation of educational materials.
    West Virginia HB 4255 (Signed 3/27/200
    The law authorizes the Division of Labor to promulgate a legislative rule relating to verifying the
    legal employment status of workers.
    HEALTH (11)
    Eleven laws were enacted in eight states: Colorado, Hawaii, Iowa, Kansas, Minnesota, New York, South
    Dakota and Utah.
    These laws generally address eligibility for health care benefits and the licensing of health care professionals.
    Colorado HB 1199 (Signed 4/7/200
    This law eliminates the one year residency requirement for receiving hospitalization assistance for the
    treatment of tuberculosis, which enhances the non-discrimination policy in providing programs and
    services related to testing for, diagnosing, and treating tuberculosis, regardless of national origin or
    immigration status.
    Hawaii SB 2542 (Enacted 7/8/200
    Under this legislation, services provided by federally qualified health centers or rural health clinics to
    individuals not eligible for Medicaid benefits------which includes all unauthorized and some authorized
    immigrants------are not eligible for reimbursement. A federally qualified health center may apply for
    funding to modify its scope of services when the population it serves changes, for example, serving
    more migrant patients. It also appropriates $1 million for the department of health to provide
    resources to community-based, non-profit health care providers for medical care of the uninsured.
    Hawaii SB 2830 (Enacted 7/8/200
    This legislation expands the Kapuna care program, which provides daily living assistance to
    individuals over sixty years of age, including legal aliens, to include emergency and short-term respite
    services and grants for home modifications and family caregivers.
    Iowa SF 2338 (Signed 4/16/200
    Under this legislation, medical licensing boards may issue special medical licenses to individuals with
    unrestricted licenses in osteopathic medicine and surgery from other countries, in addition to those
    individuals with unrestricted licenses in medicine and surgery from other countries.
    Iowa SF 2425 (Signed 5/13/200
    If sufficient funding is available, this appropriations legislation allows Iowa’s State Children’s Health
    Insurance Program (SCHIP) to expand insurance coverage to legal immigrant children and pregnant
    women, who are not eligible under current federal guidelines.
    Kansas SB 81 (Signed 5/18/200
    This law requires that individuals be U.S. citizens or legal aliens and present documentary evidence
    to prove their status in order to be eligible for Kansas’s discretionary SCHIP.
    NCSL Immigrant Policy Project
    9
    Minnesota HF 3708 (Signed 4/10/200
    This law enables licensing boards to grant medical licenses to individuals who fail to pass the U.S.
    Medical Licensing Examination within the preferred number of attempts but have current
    certification by a specialty board of the Royal College of Physicians and Surgeons of Canada or the
    College of Family Physicians of Canada. It also exempts individuals applying for a physical therapy
    license from examination requirements if they hold licenses from at least three other states and one
    foreign country issued between 1980 and 1995.
    New York SB 6026 (Signed 9/4/200
    The law provides that in order to be eligible for a restricted dental faculty license an applicant must
    be a U.S. citizen or an alien lawfully admitted for permanent residence in the United States.
    New York SB 8276 (Signed 7/21/200
    This Act relates to citizenship requirements to qualify for a license as a physician. It provides that the
    Board of Regents may grant a three year waiver and up to a six year extension for the holder of an H-
    1B visa or its equivalent or successor visa to comply with citizenship requirements for a physician's
    license.
    South Dakota SB 51 (Signed 3/17/200
    This legislation allows a psychologist licensed in Canada to practice in South Dakota for a maximum
    of six months while waiting for the licensing board to accept or deny his or her application. It also
    allows the Board of Examiners of Psychologists to issues licenses to individuals with doctorates from
    institutions recognized as members in good standing by the Association of Universities and Colleges
    of Canada.
    Utah SB 174 (Signed 3/17/200
    This law requires that applicants for licensure as dentists and dental hygienists receive a doctorate or
    degree in dentistry, respectively, from a dental school accredited by the Commission on Dental
    Accreditation of the American Dental Association, disallowing degrees from dental schools outside
    the United States that previously qualified.
    HUMAN TRAFFICKING (5)
    Five laws were enacted in five states: Arizona, California, Hawaii, New Mexico and Utah.
    These laws provide for penalties and definitions relating to human trafficking, human smuggling and
    extortion.
    Arizona HB 2842 (Signed 5/7/200
    The law expands the existing definition of smuggling of human beings to include the use of property
    (“drop houses
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