Friday, September 27, 2013

Report: State Immigration Laws Rebound in 2013

Following a lull in 2012, the number of laws states passed related to immigration rebounded significantly in 2013, according to a new report from the National Conference of State Legislature’s (NCSL) Immigrant Policy Project. States seemed to put reforms on hold while they waited for the U.S. Supreme Court’s decision in Arizona v. United States, according to the report. The high court held on June 25, 2012, that federal law preempted three of four provisions in Arizona’s omnibus immigration law, SB 1070, enacted in 2010. Less than a week later, the federal government issued a new policy—Deferred Action for Childhood Arrivals (DACA)—which provides young unauthorized immigrants a temporary respite from deportation along with the opportunity to apply for work authorization.

A variety of issues were addressed in the laws, including:

IDs/Driver’s licenses. Thirty-four laws were enacted in 20 states, comprising 23 percent of immigration laws in 2013. Many defined eligibility for state-issued identification and driver’s licenses.

Budget and appropriations. Authorizing funds for immigration enforcement, English language and citizenship classes, and migrant and refugee programs were among the actions that accounted for 14 percent of this year’s laws.

Education. Another 16 percent of laws defined immigration and residency requirements for college students, with three states extending instate tuition benefits to unauthorized immigrant students.

Law enforcement. Although 14 acts related to law enforcement were passed, also accounting for 11 percent of action in 2013, that number is significantly lower than the 20 enforcement laws passed by June 2012, or the 42 enacted as of June 2011.

Employment. Ten percent of laws focused on employment, particularly to verify work authorization and address noncompliance, while other laws addressed workers’ compensation or unemployment insurance.

Health. Another 10 percent of laws addressed issues such as eligibility for Medicaid or licensing for health professionals.

Note that, unlike past state immigration enforcement laws like those in Arizona, Alabama, Georgia, and South Carolina, a number of these state legislative actions, like those taken in California, arguably promote teh rights of immigrants.


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