|RESOURCES ON THE RESPONSE OF STATE GOVERNMENT TO IMMIGRANTS|
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An important strategy for achieving immigrant integration is to establish centers of leadership,
coordination, resource management, and accountability within state government. A number of states have established such centers.
This collection contains reports and studies pertaining to the operation of such centers. It also includes studies
of changing political dynamics and restrictionist activities within states.
What DACA Recipients Stand to Lose – and What States Can Do About It,
Center for American Progress, September 13, 2018, 17 pp.
Author: Silva Mathema
event that federal courts uphold the legality of the Trump administration’s decision to end the DACA program, and Congress
cannot agree on a legislative remedy, the Center for American Progress has produced this policy brief for states interested
in helping to “protect DACA recipients and provide some sense of normalcy in their daily lives...” One “life-changing”
step would be to extend driving privileges to all state residents. Currently, only 12 states have such a policy. Offering
municipal ID cards would also be helpful, enabling DACA recipients to open up bank accounts, pick up a prescription, cash
a check, or rent an apartment. Making higher education affordable through in-state tuition and state-funded financial
aid for individual students would also enable many DACA recipients to continue their education. Finally, while many
states have passed legislation allowing DACA recipients to access professional licenses, only two states (California and Illinois)
make professional licenses available to all residents regardless of immigration status. More states would have to expand
licensing eligibility to enable DACA recipients to enter the professions for which they have trained.
U.S. Immigration: A Primer for State Policy Makers
National Conference of State Legislatures, June 2018, 26 pp.
Author: Ann Morse
for state legislators provides a succinct summary of the various types of permanent and temporary categories of immigrants,
non-immigrants, and humanitarian migrants who come to the U.S., and the numbers who come in each category. Following this
overview, the author briefly describes key immigration laws enacted in the last half-century, and identifies the agencies
responsible for administering these laws. There is more detail on refugee resettlement, including the vetting process and
the network of national government, state government, and private organizations that help resettle refugees. The brief also
details the amount of funding provided to states by the Office of Refugee Resettlement (ORR) and how it is allocated. Other
immigration issues that have been prominent in the news are discussed, including Deferred Action for Childhood Arrivals (DACA)
and Temporary Protected Status (TPS), unaccompanied children, and the travel ban and related litigation. After the explanation
of federal law and policy, there is a discussion on trends in immigration laws introduced in the states in the last 20 years,
with a focus on “sanctuary” policies, refugees, DACA, and professional licenses. Following this, there is a discussion
of some of the published research on the economic and fiscal impacts of immigration. Appendices include a list of federal
agencies responsible for carrying out some aspect of immigration law; web links to selected research by government and private
organizations; and a chronology of key immigration policy directives and court decisions since the beginning of the Trump
administration. (Maurice Belanger, Maurice Belanger Consulting)
Report of the Task Force on the Preservation of Heritage
Language Skills in Maryland,
In the Age of Trump: Populist Backlash and Progressive Resistance Create Divergent State Immigrant Integration
Transatlantic Council on Migration, January, 2018, 18 pp.
Author: Margie McHugh
The paper takes
a look at how policy changes being made by the Trump administration and the Republican Congress - and resistance to those
changes - are affecting immigrant integration in several arenas. The author also examines the likely consequences of other
proposed changes in immigration policy. As the administration seeks to draw local law enforcement into its efforts to deport
more immigrants, some states and localities have eagerly complied, but many of the nation's largest cities - and even some
states - have vigorously resisted. The administration's drastic cuts to the refugee resettlement program have also forced
hundreds of layoffs in resettlement organizations, compromising capacity not only to resettle new refugees, but to continue
to aid those already living in local communities. The head of the Department of Education, Betsy DeVos, is keenly interested
in reducing federal oversight in education, leaving more power to the states - a development that may translate into reduced
support in some states for English learners and other at-risk students. Looking ahead, Republican in Congress and the Trump
administration are seeking to reduce public benefit programs such as the Supplemental Nutrition Assistance Program (SNAP),
which will impact millions of immigrant families. Refugee admissions in 2018 may fall below even the record low ceiling set
this year, doing further damage to the nation's resettlement infrastructure. Pending changes to public charge regulations
may make individuals deportable for using any benefit for which eligibility is determined based on income. The report
concludes by noting that states and the courts have become the new major players on immigration and integration policy matters,
and in the coming year "sharp differences in state contexts of reception and integration will remain the norm and likely
deepen"(Maurice Belanger, Maurice Belanger Associates).
Coming to America,State Policies on Immigrant Integration: An Examination of Best Practices and Policy Diffusion,
State Legislatures Magazine, December, 2017, 4 pp.
Author: Ann Morse
Despite the prominence of immigration in the national political discourse, there has
been little federal legislative action on immigration, and Americans know surprisingly little about immigrants and the U.S.
immigration system. “Coming to America,” published by the National Conference of State Legislatures utilizes data
from the National Academies of Sciences, Engineering and Medicine and the National Bureau of Economic Research to offer basic
facts on immigration to the U.S; show how immigrants contribute to economic growth and, over time, integrate into social and
civic life; and describe state initiatives to address immigration issues. For example, after 20 years in the U.S., refugees
who arrived as adults each paid about $21,000 more in taxes than they received in benefits. Despite the lack of progress at
the federal level, states have considered an average of 1,300 bills and resolutions every year since the early 2000s ranging
from budget-related measures to laws requiring employers to use the E-verify system to prove that new hires are authorized
to work in the U.S. The article highlights states’ actions in response to the Deferred Action for Childhood Arrivals
(DACA) program, and general immigration enforcement and integration challenges. For instance, all states issued drivers’
licenses to DACA recipients, and some states offered in-state tuition and granted professional licenses to unauthorized immigrants.
Even though immigration reform requires a national response, the author concludes that states’ experiences are instructive
in developing policy solutions for achieving immigrant integration and more prosperous communities. (Jasmina Popaja for
The Immigrant Learning Center Public Education Institute)
University of California (Riverside) School of Public Policy Working Paper, February, 2016, 20 pp.
Authors: Allan Colbern & Karthick Ramakrishnan
This paper focuses on actions being
taken by states, counties and municipalities
that bolster immigrant integration.
The authors believe that since comprehensive immigration reform is stalled at the federal level, these sub-federal level activities
are growing in importance and influence. Drawing on research and the input of participants in several focus group discussions,
the authors review findings in four specific domains: policymaking, implementation, organizational capacity and community-engaged
research. For each topic, they provide examples from multiple locales and provide suggestions for best practices.
A key theme that emerges as part of the discussion is the need to think carefully about how immigrant integration efforts
should be framed. The authors suggest that advocates should draw on a broader sense of community, rather than focusing
on the needs of one segment of society. For example, they believe that themes of public safety, workforce development
and the ideals of non-discrimination are likely to generate support for immigrant integration policies. The authors
also argue for a strategy of incremental policy change, rather than comprehensive reform packages. They believe that this
approach is less likely to generate backlash and creates precedents that can be built on. In keeping with this approach,
the authors stress the importance of long-term planning and see the value of investing time and resources in network building,
especially coalitions connecting groups working on related issues. They believe that anti-immigration forces are well
coordinated, so all of those in favor of immigrant integration must work together (Erik Jacobson, Montclair State University).
Providing driver's licenses to unauthorized immigrants in California improves traffic safety,
Proceedings of the National Academy of Sciences of the United States of America, 114:6 (2017), 5 pp.
Authors: Hans Lueders, Jens Hainmueller & Duncan Lawrence
paper presents an analysis of the impact of a law passed in California (AB60) providing driver's licenses to unauthorized
immigrants. In addition to other concerns, opponents of the law suggested that providing these individuals with driver's licenses
would increase the number of car accidents generally, and hit-and-run accidents in particular. The study's authors conducted
a statistical analysis of accidents in 2015 (the first year AB60 was implemented) at the county-by-county level, which allowed
them to account for regional differences in the number of AB60 licenses being issued. Their analysis found that the
implementation of AB60 had no impact on the overall number of accidents, but was seen to be correlated with a reduction of
hit-and-run accidents. They calculate that 4,000 fewer of these accidents occurred because of AB60. The paper provides
an explanation of the multiple regression models they used and potential explanations for the changes (e.g., having a driver's
license and insurance reduces the chances an unauthorized immigrant driver will feel compelled to flee the scene of a hit-and-run
accident to avoid deportation). The authors conclude that accident-based concerns about the impact of providing authorized
immigrants with driver's licenses are not supported by the data, and that the law might have saved not-at-fault drivers in
hit-and-run accidents about $3,500,000. They caution that the study only looked at one year and that the long-term impact
can not be extrapolated from this study. (Erik Jacobson, Montclair State University)
Stepping into the Vacuum: States and Cities Act on Immigration, But Do Restrictions Work?
Migration Policy Institute, November 3, 2016, 13 pp.
Author: Barbara Gómez-Aguiñaga
Did the strategy of "attrition through enforcement" work? In this paper, the author seeks to determine
whether restrictive state-level immigration laws passed between 2005 and 2010 succeeded in reducing the size of the undocumented
and general immigrant population in those states. According to the author, this study is "among the first to examine
whether immigrants reach to such laws by leaving or remaining." Of the 868 immigration laws reviewed by the author, 441
were classified as restrictive, 423 were immigrant-friendly, and 4 were neutral. The states that enacted the most restrictive
laws were Arizona, Colorado, Georgia, Utah, Virginia, and Tennessee, with more than 20 each. In addition to demographic data
for these states, the author also looked at change in median household income and the percentage of the population living
below the federal poverty level. The analysis found no statistically significant correlation between restrictive state immigration
laws and reductions in the undocumented or general immigrant population. Rather, changes in median household income were predictive
of changes in the size of the immigrant population. "States with higher median incomes were more likely to see growth
in their overall immigrant population over this period, regardless of whether they had enacted restrictive immigration legislation."
State Fact Sheets
Institute for Immigration Research, George Mason University
for 12 immigrant gateway states, these two-page Fact Sheets are designed to provide concise economic and other data for use
by policy-makers and other concerned individuals. The Fact Sheets include information on workforce participation rates, self-employment,
immigrant tax contributions, and home ownership, as well as the percentage of immigrants in key industries. Data
is provided at both the state and congressional district levels.
2015 Immigration Report,
National Conference of State Legislatures, Immigrant Policy Project, July 31, 2015, 12 pp.
Lawmakers in 46 states and Puerto Rico enacted more laws and resolutions related to immigration from January to June
2015 compared to the same period last year: 153 laws and 238 resolutions (a 16 percent increase). These are summarized in
the 2015 Report on State Immigration Laws from the National Conference of State Legislatures. Most new laws (35 laws
in 24 states, or 23 percent overall) were for budgeting purposes such as authorizing funds for immigration enforcement, health
services, and migrant and refugee programs. Education was the second-highest category covered by the new laws; 23 laws in
14 states (or 15 percent of new laws). Many laws addressed immigration and residency requirements for access to higher education;
seven states included portions of the federal naturalization exam in high school civics requirements. Attitudes towards the
undocumented differed between states; for example, a new Rhode Island law ensured all homeless people have the right to homeless
shelter services regardless of immigration status, while a measure passed in Maine clarified that only non-citizens lawfully
present in the U.S. will be eligible for general assistance. Other areas of legislative focus included driver's licenses,
human trafficking and voting. Delaware and Hawaii enacted legislation to give unauthorized immigrants driving privileges,
while California established a statewide director of immigrant integration. (Crystal Ye for The ILC Public Education Institute).
The California Package: Immigrant Integration and the Evolving Nature of State Citizenship
Policy Matters, University of California (Riverside), Spring, 2015, 19 pp.
Authors: S. Karthick Ramakrishnan
& Allan Colbern
After states and localities in the mid-2000s passed a rash of laws
designed to strengthen immigration enforcement, momentum began to shift in 2012 towards pro-immigrant laws designed to achieve
greater immigrant integration. The state of California was a leader of this movement, producing what the authors of
this article describe as the "California Package" of legislation, including laws on postsecondary education, driver
licenses, professional licenses, health care, and limits on cooperation with federal immigration law enforcement. After
summarizing these laws, the authors attempt to answer the empirical question as to why this change from Arizona-style
laws to California-style laws took place in the first place. Two important factors were the defeat of Mitt Romney in
2012 and the decision of the immigrant rights advocacy community to focus its energies on policy battles in the states.
The authors also suggest that the "California Package" represents "a de facto regime of state citizenship...that
operates in parallel to national citizenship." This "alternative form of civic membership" remains
largely unexplored by citizenship scholars, who tend to see various levels of government working together to establish full
citizenship. Even if comprehensive immigration reform is ultimately passed by Congress, California blurs the distinction between
unauthorized and authorized immigrants, by not imposing a time requirement for what the author calls "life chances and
free presence." This "decoupling" of state and federal citizenship raises important legal questions as to whether
the court system will ultimately set limits on sub-national pro-immigrant legislation or whether the Tenth Amendment protects
state rights to enact laws protecting their residents.
The California Blueprint: Two Decades of Pro-Immigrant Transformation,
National Immigration Law Center, May, 2015, 7 pp.
This report provides
capsule summaries of 29 pieces of pro-immigrant legislation that the State of California has passed over the last two decades.
Some laws were intended to counteract two 1996 congressional acts that greatly restricted immigrant eligibility for federally-funded
benefit programs. Other laws sought to prevent the entanglement of the police with the "machinery of deportation."
Still other laws were designed to protect the rights of immigrant workers, such as a 2014 law that mandates the suspension
of a business license for an employer who retaliates against immigrants by reporting their status to the federal government.
The last part of the report describes legislation in the areas of higher education, civil rights, child welfare, naturalization,
and services for DACA recipients. (Louisa Johnson for The ILC Public Education Institute).
Share the Road: Allowing Eligible Undocumented Residents Access to Driver's Licenses Makes
Sense for New Jersey,
New Jersey Policy Perspective, September, 2014, 14 pp.
Author; Erika J. Nava
This report presents a series of arguments in support of issuing driver's licenses to eligible undocumented immigrants.
The author groups these arguments into three categories: making New Jersey safer, helping New Jersey's economy, and increasing
the well being of families. She notes that states that were early adopters of license or privilege cards have seen reductions
in fatal accidents, along with reductions in the percentage of drivers without insurance. Among the economic benefits of issuing
licenses are: reductions in insurance premiums for all drivers, increases in state revenue from licensing and vehicle registration
fees, and increases in tax revenue from the new job opportunities that would open up to newly licensed drivers. Finally, families
would not be constantly haunted by the threat of deportation (for driving without a license or insurance); children would
be relieved of the anxiety of separation from a parent and would be more successful in school, and parents would be able to
better meet the needs of their children, e.g. driving them to school or to doctors' appointments. The report also recommends
some changes in the wording of a bill introduced in the New Jersey State Assembly (A-2135) to grant drivers' licenses to undocumented
residents. An appendix to the report contains capsule summaries of the legislation passed by the 11 states that currently
permit undocumented individuals to obtain licenses.
Undocumented No More: The Power of State Citizenship,
Stanford Law Review, August 20, 2014, 42 pp.
Author: Peter L. Markowitz
The author of this article, a professor of law at the Benjamin N. Cardoza School of Law (Yeshiva University), played
a key role in drafting a bill introduced into the New York State legislature in June of 2014 that would grant state citizenship
to qualified undocumented immigrants. The article attempts to show that there are no constitutional reasons why states cannot
broaden the boundaries of citizenship beyond the "floor" established by the federal constitution. A movement on
the part of "integrationist" states to grant citizenship would not only "stabilize families and encourage healthy
economic activity," but it would also "reorient our national immigration discourse" and "move us closer
to eventual federal reform." According to the author, state initiatives on marriage equality and the legalization of
medical marijuana are examples of how states, acting as "policymaking laboratories," can serve as "engines
that drive progressive national political changes." The article is divided into three parts. The first part explains
how the nation's federalist structure and long-standing Supreme Court precedent "preserve a robust role for the states
in controlling the parameters of their own citizenry." Part II explains why the preemption clause of the Constitution
does not bar the states from extending citizenship to qualified undocumented immigrants, and Part III describes the benefits
of broadened citizenship to local communities.
State-Based Visas: A Federalist Approach to Reforming U.S. Immigration Policy,
Cato Institute, April 23, 2014, 15 pp.
Authors: Brandon Fuller & Sean Rust
This policy paper makes the case for a state-based visa program similar to proposals floated by Michigan
Governor Rick Snyder and Kentucky Senator Rand Paul. Such a program "would allow participating states to manage the flow
and regulate the quantity of temporary migrants who want to live and work within their borders." Visas could be renewed,
and immigrants would be free to change employers within the state and even apply for permanent residence. Such a program would
direct immigration to states that want it and away from states that don't. The report looks at two international models that,
the authors believe, provide important lessons for the U.S: The Canadian Provincial Nominee Program, established in 1998 to
encourage immigrants to disperse throughout Canada; and Australia's Regional Immigration Program, which allows states, localities,
and even employers to sponsor immigrants. According to the authors, both programs "work well." This type of
program doesn't take the federal government out of the immigration business. It would continue to set entry criteria, determine
the number of state-based visas, and perform security checks. The authors also believe that a state-based visa program "would
be more equitable than existing employment-based visas," which make it difficult for workers to leave dishonest and exploitive
Living in Car Culture Without a License,
Immigration Policy Center, April 24, 2014, 5 pp.
Author: Sarah E. Hendricks
Although 11 states have extended driver's license eligibility to undocumented immigrants, there are still millions
of people who are barred from obtaining licenses. This paper makes the case for expanding eligibility, drawing special attention
to the public safety dimensions of the issue. Noting that the United States is "one of the top motor vehicle-dependent
countries in the world," and that the economic survival and social integration of immigrants often require access to
a personal vehicle, the author points out that licensing ensures that people are qualified to drive, that they carry insurance,
and that they don't drive without a license and thereby endanger the lives of others. Beyond these aspects of the problem,
licensing also enables undocumented immigrants, both potential business owners and employees, to make a stronger economic
contribution to local communities. Without licenses, states must contend with serious "ripple effects," including
chronic poverty among undocumented people, a narrowing of opportunity for their children, and possible escalation of gang
activity. According to the author, granting licenses is a "pragmatic step" ensuring "the well-being of communities"
and "the long-term social and economic adjustment process of immigrants and their children."
Understanding Immigration Federalism in the United States
Center for American Progress, March, 2014, 41 pp.
Authors: Karthick Ramakrishnan and Pratheepan Gulasekaram
After a decade in which anti-immigrant sentiment fuelled restrictive legislation in several
states, most notably Arizona's harsh S.B. 1070 immigration enforcement law that was copied by other states, the tide has been
shifting. Today, at least 13 jurisdictions provide driver's licenses to undocumented immigrants and a growing list of states
offer in-state tuition rates to all residents. In Understanding Immigration Federalism in the United States, the
authors look at the reasons behind both the anti-immigrant and immigrant-friendly waves of legislation and find that several
key factors help explain the shift. Most notably, the political leaning of the individual states was the crucial force behind
the various legislations; Republican-led states were more likely to embrace restrictive laws while innovations like identification
cards for undocumented immigrants are offered in solely Democratic-controlled cities. The Supreme Court decision that struck
down a key S.B. 1070 provision as well as President Barack Obama's Deferred Action for Childhood Arrivals executive action
prompted states to fall in line and to reexamine their directions of their laws. And an increasingly important factor is the
growth of the Latino electorate, which is gradually gaining influence on political decisions. The authors suggest that, in
place of stalled comprehensive immigration reform at the federal level, states will continue this trend of taking the lead
on immigrant-friendly policy. (Denzil Mohammed)
2013 Immigration Report,
National Conference of State Legislatures (NCSL), January 20, 2014, 8 pp.
This report is NCSL's annual review of state legislative activity on immigration-related issues. NCSL notes
a major change in focus from an emphasis on law enforcement in previous years to some expansion of benefits in 2013. Overall,
there was an increase of 18 percent in enacted legislation in 2013, with 184 laws passed in 2013 compared to 156 in 2012.
Eight states - California, Colorado, Connecticut, Illinois, Maryland, Nevada, Oregon and Vermont - joined New Mexico, Utah
and Washington in extending driver's license eligibility to undocumented immigrants. Four states - Colorado, Minnesota,
New Jersey and Oregon - provided in-state college tuition for qualified undocumented immigrant students, bringing to 15 the
total number of states that allow this practice. The report includes a table enumerating immigration-related legislation
passed over a three year period (2011-2013) in each of the following categories: budgets, education, employment, health, human
trafficking, ID/driver's licenses and other licenses, law enforcement, miscellaneous, omnibus measures, public benefits, and
voting. The report also provides details about the 2013 legislation.
2013 Immigration Report,
National Conference of State Legislatures (NCSL), September 6, 2013, 10 pp.
The number of immigration-related laws and resolutions passed in the states increased 83% in the first half of 2013
compared to the same period last year. According to this report by the bipartisan National Conference of State Legislature's
Immigrant Policy Project, the top issues occupying the attention of state legislators were eligibility for state-issued driver's
licenses and identification cards, and resolutions recognizing the contributions of immigrants. Other laws dealt with seasonal
workers, refugees and undocumented immigrants. While NCSL does not suggest a reason for the spike in legislative activity,
the report notes that it coincides with the implementation of the Deferred Action for Childhood Arrivals program and the Supreme
Court's Arizona v. United States ruling. The report also calls attention to diverging legislative paths depending on whether
Republicans or Democrats control the state legislature. Republican-controlled legislatures in states like Indiana, Virginia
and Florida were more likely to restrict access to driver's licenses, in-state tuition, health benefits and jobs. Democratic-controlled
legislatures in states like Colorado, Maryland and Oregon were more likely to expand such access. Despite this increase in
state-level action, the report notes that 25 resolutions entreated the federal government to pass immigration reform. (Denzil
Inclusive Policies Advance Dramatically in the States: Immigrants' Access to Driver's Licenses,
Higher Education, Workers' Rights and Community Policing,
National Immigration Law Center (NILC), August, 2013, 20 pp.
this report, NILC provides a detailed summary of 2013 state legislative and executive action "designed to integrate immigrants
more fully into their communities." The report notes that restrictive legislation was "markedly absent," with
only one state (Georgia) enacting a law mandating the use of "secure and verifiable" identity documents. By
contrast, seven states and Puerto Rico joined three existing states in providing access to driver's licenses regardless of
immigration status; five states joined 13 existing states in adopting laws or policies providing tuition relief to qualified
undocumented students; and the State of Hawaii joined New York in passing a Domestic Workers' Bill of Rights. Beyond these
developments, NILC also reports on pending pro-immigrant legislative activity, e.g. bills under consideration in California,
Illinois, Massachusetts, and Oregon to extend workplace protections to domestic workers, and "tuition equity" bills
in Virginia, Arkansas, Pennsylvania, and New Jersey. The report also reviews state and local efforts to limit police involvement
in immigration law enforcement. NILC concludes that "this year's pro-immigrant legislative and administrative victories
reflect a shift in attitude across much of the country."
Immigration is Changing the Political Landscape in Key States,
Center for American Progress, April 8, 2013, 12 pp.
Authors: Philip E. Wolgin & Ann Garcia
In this issue brief, the authors discuss how immigration, and specifically the
growing importance of the Latino electorate, are altering the political balance in key states. In California, Colorado, Florida,
Nevada, and Virginia, Republican-sponsored, anti-immigrant measures and/or harsh campaign rhetoric have moved those states
into the Democratic column. The authors suggest that continued growth in the Latino and immigrant electorate, even in reliably
red states such as Arizona, North Carolina, Georgia, and Texas, will tilt the political balance even further, unless Republicans
support immigration reform and pay attention to an increasingly diverse electorate.
Examining Maryland's Views on Immigrants and Immigration,
University of Baltimore Law Forum, 33 pp.
Author: Elizabeth Keyes
paper finds that Maryland's response to immigration has been both complex and contradictory. While the state eventually passed
legislation granting in-state tuition to undocumented high school students (by referendum in 2012) and continues to attract high-skilled immigrant workers in health
care and technology, jurisdiction-by-jurisdiction enforcement of immigration law varies widely. The geographic split mirrors
divisions that existed in the state over the issue of slavery in the 19th century. Frederick County, for example,
uses local police to enforce immigration law and participates in the federal government‘s 287(g) partnership,
while the City of Baltimore refrains from such cooperation and actively works to attract immigrants. This paper examines Maryland's
"split personality" on immigration against the backdrop of federal actions and inactions. In the absence of federal
immigration reform, the state's divergent policy reactions fail to resolve "the federal-level contradictions but simply
shifts their playing field." The author concludes that congressional paralysis on immigration "has inexcusably moved
a contentious political conversation to a level of government with no authority to address its real substance." Maryland's
inability to find uniform solutions to the challenges of immigration offers a cautionary tale making it all the more essential
that the federal government create a more sustainable and rational immigration policy. (Denzil Mohammed)
Restrictive State and Local Immigration Laws: Solutions in Search of Problems,
American Constitution Society for Law and Policy, Issue Brief,
November, 2012, 18 pp.
Pratheepan Gulasekaram & S. Karthick Ramakrishnan
This study challenges the assumption
that restrictive state and local immigration ordinances are driven by demographic and other changes on the state and local
level, e.g. growth of the immigrant (especially undocumented) population, and the "failure" of the federal government
to combat the problem. One of the better-known proponents of this view, according to the authors, was Supreme Court Justice
Antonin Scalia, who wrote in his dissent to the 2012 Arizona v. United States decision that "Arizona bears the
brunt of the country's illegal immigration problem..." Reinforcing the pervasiveness of this view has been the emphasis
on "new destinations" in the immigration narrative, which suggests that local communities without a recent migration
history have been overwhelmed by the arrival of new immigrants. Through the authors' study of over 25,000 local jurisdictions
in all 50 states, they found that the demographic explanation had "no predictive power." Indeed, "what most
subfederal jurisdictions with immigration enforcement laws share is not economic stress or overconsumption of public
goods or heightened violent crime, but rather a partisan composition within their legislative and executive branches that
is highly receptive to enforcement heavy proposals." Cities in Republican-majority areas are four times more likely
to pass restrictive ordinances, whereas cities with Democratic majorities are four times more likely to pass pro-immigrant
measures. Fearful of antagonizing Republican primary voters who "care intensely about immigration," elected
Republican officials are either voted out by more conservative challengers or embrace restrictive positions. At the same time,
"restrictive issue entrepreneurs," such as the leaders of FAIR and NumbersUSA "purposefully promote legislative
gridlock at the federal level, and then cite the very national legislative inaction they helped foment to justify restrictive
solutions at the local level." The authors also take issue with Professor Peter Spiro's "steam-valve" theory,
which posits that the passage of local restrictive ordinances relieves pressure on the federal government to pass similar
legislation. Finally, they predict that these political dynamics, despite the results of the 2012 presidential election,
will make national legislative change "difficult to achieve" and even if national immigration reform passes, anti-immigrant
politicians may continue to proliferate restrictive legislation on the local level as a way of holding on to power.
The Partisan Fallout from Arizona's Immigration Battle: Applying Lessons from California,
Binghamton University & Boise State University, September, 2012, 33 pp.
This study seeks to predict the political future of Arizona after passage of SB 1070, a law aimed at identifying,
prosecuting and deporting undocumented immigrants, most of whom are from Mexico. Critics of the law have argued that both
documented and undocumented Latino residents would be subject to racial profiling. Sixteen years earlier, voters in California
supported Proposition 187, a referendum that sought to deny government services, such as public education and health care,
to undocumented immigrants, primarily Latinos. According to the authors, "the memories of Prop 187 were long lasting
for many Latinos who came of age and became politically active during this time period." California Latinos shifted toward
the Democratic Party "and have never shifted back." As a result, this episode has decisively altered the political
landscape of the state. The authors note that "half of Arizona's Latino citizens are 18 or under" suggesting a significant
demographic shift in the state's electorate "just as immigration politics are boiling over." The likely consequence
of SB 1070, therefore, will be to end longstanding Republican dominance in Arizona "as early as 2020." (Denzil
The Economic Case against Arizona's Immigration Laws,
Cato Institute, September 25, 2012, 20 pp.
This study examines
the social, demographic and economic effects of Arizona's immigration laws, specifically the Legal Arizona Workers Act of
2007 (LAWA) and SB 1070 law of 2010. The author contends that such stringent immigration laws have hurt Arizona's economy
and that this unforeseen result should be weighed by other states mulling the possibility of mimicking Arizona's laws. Both
the LAWA and SB 1070 focus on curbing a rise in illegal immigration to the state. LAWA mandates the use of E-Verify, which
checks the status of employees, and revokes business licenses for employers who hire unauthorized workers. SB 1070 authorizes
local police to enforce immigration laws. The author uses data from the Bureau of Labor Statistics, Census and Federal Trade
Commission to probe the effects of these laws. The E-Verify system has proven to be a regulatory obstacle for businesses.
The threat of license revocation burdened business-owners with costly employee verification hurdles. Employers scaled back
legal hiring, moved out of Arizona or turned to the informal economy. The effects of SB 1070 were to drive some unauthorized
immigrants from the state thereby lowering Arizona's population, restricting the labor market, accelerating residential property
price declines and exacerbating "the Great Recession in Arizona." (Denzil Mohammed)
The States of Immigration,
William & Mary Law Review, June 14, 2012, 54 pp.
to understand the recent "avalanche of state activity" on immigration-related issues, the author of this paper argues
that state policy-making, both laws seeking stricter enforcement of immigration laws, e.g. Arizona SB 1070, and laws seeking
leniency, e.g. in-state tuition laws, are examples of what the author calls "venue-shifting," i.e. attempts to influence
the outcome of federal policy debates by incubating policy initiatives at the state and local level. The traditional view
of state policymaking is that the states serve as policy laboratories or that they tailor policy to local circumstances.
However, through the long course of American history, state initiatives in immigration have been rarely enforced. "They
are either enjoined or struck down, or they are not prioritized." The author discusses two case examples to support
his argument: state legislative activity leading up to the passage of the Immigration Reform and Control Act of 1986 and the
Illegal Immigration and Immigrant Responsibilities Act of 1996. State activity preceding passage of these acts "became
the baseline for the federal laws that followed." He concludes that "state laws cannot always be taken at
face value; sometimes their most important function is as a means of shaping policy at the federal (or local) level."
A History and Analysis of Recent Immigrant Integration Initiatives in Five States,
Diversity Dynamics, 2012, 35 pp.
During a three-year period from 2005 to 2008,
governors in five states (Illinois, Maryland, Massachusetts, New Jersey, and Washington) issues executive orders launching
ambitious projects to integrate immigrants into the economic, civic, and social life of their states. This study examines
the genesis of these projects, their goals, methodology, and outcomes. The study includes an analysis of the strengths and
"vulnerabilities" of these projects and concludes with a series of recommendations to ensure that such projects
are not "shipwrecked by the emotionally charged politics surrounding immigration." In preparing this study, the
author Dr. Nicholas V. Montalto, reviewed the extant literature and interviewed key informants in the five states. This study
is based on a paper presented at the International Metropolis Conference in The Hague in 2010.
The Myth of Self-Deportation: How Behavioral Economics Reveals the Fallacies behind
"Attrition through Enforcement,"
Immigrant Policy Center, April, 2012, 10 pp.
This report cites research
findings from cognitive psychology and behavioral economic that cast doubt on the validity of the "attrition through
enforcement" philosophy, which predicts that undocumented immigrants will "self-deport" to their home countries
if sufficient enforcement pressure is applied on the state and local levels. In states and localities where such enforcement
has been tried, there is a dearth of hard evidence that self-deportation actually occurs. According to the author Alexandra
Filindra, "expected utility theory" from classical economics fails to explain the behavior of unauthorized immigrants,
who "hate to lose a lot more than they like to win." So that even if you pile up potential losses in the future,
resulting from the greater risk of incarceration, deportation and loss of livelihood, immigrants are unwilling to sacrifice
their past gains, including the jobs they have , the homes they may own, the networks they have developed, and the children
who have been raised and educated in the U.S. The author concludes that "laws such as those of Arizona and Alabama...will
lead to the development of a racialized, marginalized caste of people with no rights - a shameful development for a country
that prides itself on its democratic and inclusive institutions."
A Cost-Benefit Analysis of the New Alabama Immigration Law,
University of Alabama, January, 2012, 9 pp.
This study seeks to
determine whether the benefits of the 2011 Alabama law on immigration -- the Beason-Hammon Alabama Taxpayer and Citizen Protection
Act -- are worth its costs. The author discusses four types of potential benefits including (a) saving funds used to
provide public benefits to unauthorized immigrants, (b) increased safety for citizens and legal residents, (c) more business,
employment, and education opportunities, and (d) ensuring the integrity of various governmental programs. These factors
are analyzed against potential costs including (a) implementation, enforcement, and litigation expenses, (b) increased costs
and inconveniences for citizens, other legal residents, and businesses, (c) fewer economic development opportunities, and
(d) the economic impact of reduced aggregate demand due to population loss. The analysis suggests that anticipated benefits
across all four categories are minor compared to projected costs, and that many of the benefits may not even be realized.
The author gives special consideration to the impact of reduced aggregate demand, as aggregate demand serves as the
basis for economic growth. For FY 2012, the author gives high-end estimates of $5.8 billion dollar loss in individual
earnings, $10.8 billion dollar loss in state Gross Domestic Product, $264.5 million dollar loss in state income and sales
taxes, and $93.1 million dollar loss in local sales tax. Although "the law is well-intentioned," the reduction
in aggregate demand alone seems to negate the potential benefits of the law. (Patricia Lundgren)
One Year Later: A Look at SB 1070 and Copycat Legislation,
National Council of La Raza, April 18, 2011, 15 pp.
SB 1070 was signed into law on April 23, 2010, attempts to pass similar legislation in many states appear to have stalled.
This report analyzes the forces that have slowed the advance of this type of legislation. So far in 2011, eleven of
24 states considering copycat legislation have defeated such bills or denied them consideration. In several states,
cost factors seemed to have weighed heavily on legislators' minds. In Kentucky, for example, the Kentucky Legislative Research
Commission issued a fiscal impact statement estimating the cost of implementation at $89 million per year. In other states,
the business community exerted pressure on state legislators, contending that key industries, such as agriculture in Georgia
and ranching in Utah, would lose workers and suffer huge losses.
Lessons from the 2007 Legal Arizona Workers Act,
Public Policy Institute of California,
In 2007, Arizona passed the legal Arizona Worker Act (LAWA), which requires employers
to use E-Verify, a national identity and work authorization verification system. This study examines the labor market impacts
of this law, through comparisons with neighboring states without such legislation. The study attempts to control for the impact
of the recession. The researchers find that the law had both intended and unintended consequences. On the one hand, it reduced
the number of unauthorized workers in the state by about 92,000, or 17% - the stated goal of the legislation. On the other,
it increased the self-employment rate by about 8%, or a "LAWA-induced increase" of roughly 25,000 self-employed
Hispanic non-citizens - the demographic group with the largest numbers of unauthorized workers. These "findings raise
questions about the unintended effect of LAWA in expanding underground economies." The authors speculate that an E-Verify
mandate for the entire country -- reducing options for interstate migration -- would lead not only to reduced illegal migration
into the country and increased emigration, but also to a marked shift toward less formal employment.
Annual Report to the People of New Jersey,
New Jersey Commission on New Americans,
December, 2010, 10 pp.
Established by executive order on January 12, 2010, the New Jersey Commission on New
Americans is obligated to report annually to the governor and legislature. This is the first report of the Commission. Each
of the Commissions four committees: education, labor and workforce development, social services and health care, and immigrant
integration, were asked to make recommendations that could be implemented at "no cost or low cost." The report concludes
with seven major recommendations, two of which pertain to the role of One-Stop Career Centers in New Jersey.
A Case Study of Color-Blindness: The Racially Disparate Impacts of Arizona's
SB 1070 and the Failure of Comprehensive Immigration Reform,
University of California, Davis, Legal Studies Research Paper Series, October, 2010, 42 pp.
paper argues that the use of "race-neutral" language in the immigration debate, i.e. terms like "illegal alien"
and "what part of illegal do you not understand?" cloaks the racist intent, or at the very least "disparate
racial impact," of measures like Arizona SB 1070. As it is no longer socially acceptable in the United States to voice
overtly racist views, the "coded" discourse on immigration advances the same racist agenda and explains the passion
and vitriol that surround the immigration issue. "One might even view the enforcement of the U.S. immigration laws as
a facially neutral - and thus presumably legal and legitimate - form of racial discrimination." The author also
comments on the racial impact of the failure of comprehensive immigration reform over the last decade. Inaction on federal
immigration legislation allows for "the maintenance of a racial caste of undocumented immigrants...denied the fundamental
protections available to other workers under federal labor, and...subject to continued exploitation in the workplace."
Rising to the Immigrant Integration Challenge: What States are Doing - and Can Do,
National Governors Association (NGA), Center for Best Practices, November 4, 2009,
Noting that many governors are beginning to realize
"that states can facilitate successful (immigrant) integration" and thereby bring about "tremendous economic
and social benefit" to their states," this report reviews some recent steps that states have taken to pursue this
goal, including innovations in cross-departmental leadership, workforce development, entrepreneurship, and English and citizenship
education. The report concludes with some specific strategies that seem to hold the greatest promise of success, including:
raising the visibility of immigrant integration as an issue; gathering good data to inform policy development; maximizing
partnerships with local government, nonprofits, and the private sector; facilitating government access and collaboration;
and designing an effective communication strategy.
A Plan for Today, A Plan for Tomorrow: Building a Stronger Washington through Immigrant Integration
A Year One Report from the Washington New Americans
Policy Council, October, 2009, 48 pp.
Established through an executive
order issued by Governor Christine O. Gregoire in February of 2008, the 15-member Washington New Americans Policy Council
was charged with developing policy recommendations on issues such as citizenship promotion, English language acquisition,
and skill recertification. This report summarizes the Council's nine key recommendations, which include a three-year
"We Want to Learn English" campaign; public funding and employer incentives to promote naturalization; strategies
to provide "one stop" information to immigrants; issuance of a language access executive order requiring all state
agencies to assess their effectiveness in reaching and serving language minorities, with oversight and technical assistance
provided by an Office of Language Access; strategies for career re-entry for immigrant and refugee professionals, including
a review of licensing board procedures; trust-building measures with law enforcement agencies; and public celebrations of
immigrant contributions to the state. A final recommendation asks the Governor to continue the Policy Council for at least
one more year "to work with state agencies to implement year one srecommendation" and to address other important
issues which the Council did not have sufficient time to consider.
Massachusetts New Americans Agenda,
The Governor's Advisory Council for Refugees
and Immigrants (GACRI), October 1, 2009, 54 pp.
Made up of 30 people representing 11 state agencies and 19 community
groups or constituencies, GACRI was created by executive order of Governor Deval Patrick on July 9, 2008 and charged with
developing "a comprehensive and strategic statewide approach to successfully integrate (the state's) immigrant
and refugee populations..." The New Americans Agenda contains 131 recommendations in 12 topical areas: civil rights,
adult English language proficiency, economic development, education, public safety, employment and workforce development,
access to state services, citizenship assistance, health, refugees, youth, and housing and community development. The
publication of the Agenda constitutes the "first phase" of an expected, long-term process of state government reform.
Upon receipt of the Agenda, the Governor appointed a special 15-member interagency work group to develop implementation plans
within 90 days. Coordination and support for plan implementation will be provided by the Massachusetts Office for Refugees
and Immigrants (MORI).
A Fresh Start: Renewing Immigrant Integration for a Stronger Maryland,
The Report of the Maryland Council for
New Americans, August, 2009, 65 pp
In December of 2008, the Governor of
Maryland created by executive order the Maryland Council for New Americans and charged it with producing a report that would
"review and recommend new policies and practices to expedite immigrant integration into the economic and civic life of
the State." The Council's report contains 15 "general recommendation" in four broad areas: workforce, citizenship,
financial services, and governmental access. A series of "best practice" vignettes are scattered throughout the
document. The Council considers its "primary recommendation" to be the establishment of a Cabinet-level Office for
New Americans "empowered to oversee implementation of reform and compliance in coordination with the Governor's priorities."
Report to New Jersey Governor Jon S. Corzine,
The Governor's Blue Ribbon Advisory Panel on Immigrant Policy,
March, 2009, 119 pp.
On August 6, 2007,
New Jersey Governor Jon Corzine signed an executive order creating a Blue Ribbon Advisory Panel on Immigrant Policy charged
with making "recommendations for a comprehensive and strategic statewide approach to successfully integrate the rapidly
growing immigrant population in New Jersey." Over the course of 18 months, the panel, consisting of 34 members (seven
representatives of state departments, 25 public members, and two legislators) studied a broad range of issues, considered
testimony at three public hearings, and produced a report with 98 recommendations in four broad topical areas: social services,
labor and workforce issues, education, and state and local government. The panel also published an executive summary and appendices in separate files.
The appendices are more than 300 pages in length and include a study on in-state tuition for undocumented immigrants
and a proposal for the creation of a Governor's Commission on New Americans. In addition, transcripts of the testimony delivered at the three public
hearings are available on the web site of the New Jersey Department of the Public Advocate.
In 2004, the Portuguese government opened two "National Immigrant Support
Centers," in the cities of Lisbon and Porto, in an effort to implement a "one-stop-shop," or "welcome
center" approach to immigrant integration. In 2007, the European Commission funded the development of an international
network to assess the Portuguese model and "to examine the feasibility of its implementation in other EU member states."
This Handbook presents the results of this study. In general, the handbook speaks glowingly of the model, although acknowledging
the need to adapt it to local circumstances. The report covers such issues as the out-stationing of government employees at
the centers, the role of "cultural mediators" and immigrant organizations in center operations, and the financial
and human resources necessary for implementation.
Final Report, Governor's Commission on Immigration,
State of Virginia, January, 2009, 26 pp + appendices.
Created in 2007 by the Virginia Assembly, the 20-member Virginia Commission on
Immigration was charged with examining the impact of immigration on the state educational system, health care, law enforcement,
service accessibility, and the economy. The Commission's final report contains 24 recommendations, half of which are directed
to the federal government and half to state government. Among the state government recommendations are: shortening the Medicaid
eligibility requirement for legal immigrants, charging in-state tuition for the children of undocumented immigrants, establishing
an "office of immigrant assistance services," and developing a comprehensive state plan "to address the needs
of the foreign-born population in a consistent/uniform manner."
to the Governor and Maryland General Assembly, January 1, 2009, 56 pp.
Created by the Governor of Maryland in 2008 and motivated by the belief that the preservation of immigrant languages
will "maintain America's competitive edge in such vital sectors as trade and national security," this task force
presented a series of nine "feasible and cost-effective" recommendations to preserve and develop the language skills
of Maryland's residents. Among the recommendations were: the awarding of high school credit by exam for students who attend
non-public heritage schools, the enhancement of library collections of children's literature in heritage languages, and the
development of more dual language programs in the public schools. This task force may be the first state-sponsosred task force
on heritage languages ever established in the United States.
State Laws Related to Immigrants and Immigration in 2008,
National Conference of State Legislatures (NCSL), Immigrant Policy
Project, January, 2009, 32 pp.
NCSL conducts an annual
inventory of state legislation addressing immigration issues. With 1305 pieces of legislation introduced in 2008, of which
206 were enacted in 41 states, the 2008 inventory found a small reduction in the level of activity compared to 2007. Although
some states continue to be focused on punitive approaches, e.g. imposing sanctions on employers who hire unauthorized workers
and/or mandating that employers participate in the E-Verify program (Mississippi, Virginia), other states are adopting integrative
approaches, including a California law to use monetary fines imposed upon perpetrators of domestic violence to fund domestic
violence prevention programs in immigrant communities, a Connecticut law creating an Asian Pacific American Affairs Commission
to develop new programs promoting service access, a Maryland law creating a Task Force on the Preservation of Heritage Language
Skills, a Missouri law providing funding for naturalization assistance, and an Ohio act creating an African immigrants Commission.
The Anti-Immigrant Movement that Failed:
Positive Integration Policies by State Government Still Far Outweigh
Punitive Policies Aimed at New Immigrants,
Progressive States Network, Sept., 2008, 24 pp.
Using a six category system to rank states from "punitive"
to "integrative" in their policies towards immigrants, this report finds that integrative state policies are much
more common than media coverage would suggest. Seven states are classified as "integrative," and ten, including
New Jersey, as "somewhat integrative." The report features a state-by-state policy assessment.
For the Benefit of All: Strategic Recommendations to Enhance
the State's Role in the Integration of Immigrants in Illinois,
Report of the New Americans Policy Council, Year Two, June, 2008, 34
On November 19, 2005, Illinois Governor Rod
Blagojevich signed the new Americans Executive Order, an attempt to adopt a coherent, strategic, and proactive state government
approach to integrate the rapidly growing immigrant population of Illinois. The Executive Order created a New Americans Policy
Council comprised of prominent Illinois business, faith, labor, community, philanthropic and governmental leaders. This report,
covering the issues of housing, police-community relations, and economic development/entrepreneurship, is the second
and final report of the Council.
Managing Diversity in Corporate America: An Exploratory
The Rand Corporation, 2008, 26 pp.
This paper challenges the "cookbook" approach to diversity management and argues that the benefits of diversity
will be realized only when corporate leaders address the larger issue of organizational change. The paper has implications
for state and local officials seeking to create more inclusive and effective governmental administrations. As an engine of
diversity, immigration should be seen as part of the context in which modern organizations, both public and private, operate.
Selected Testimony to the New Jersey Governor's Blue Ribbon
Advisory Panel on Immigrant Policy,
2008, 15 pp.
Formed by executive order in August, 2007, the panel is charged with developing recommendations for a comprehensive
and strategic statewide approach to successfully integrate New Jersey's rapidly growing immigrant population, including consideration
of such issues as: civil rights, citizenship status, education, employment/workforce training, fair housing, healthcare, language
proficiency and other key areas as identified by the Panel.
State Immigration Project: Policy Options for 2008,
Progressive States Network, December, 2007, 23 pp.
Seeking to mobilize "forward-thinking state policymakers, legislative staff,
and non-profit organizations," to achieve attainable reform in the immigration arena, the Progressive States Network
developed this platform for common action on the state level. The platform includes four major elements: strengthening
wage law enforcement, promoting naturalization and other integration policies, designing smart policing policies, and counteracting
misinformation about unauthorized voting and the use of public benefits by undocumented immigrants.
Pro-Immigrant Measures Available to State or Local Governments:
A Quick Menu of Affirmative Ideas,
Immigration Law Center, September, 2007, 6 pp.
is a list of 71 policy recommendations designed to "more effective incorporate immigrants into their communities."
Many of them have been successfully implemented in communities around the country.
For the Benefit of All: Strategic Recommendations to Enhance
the State's Role in the Integration of Immigrants in Illinois,
Report of the New Americans Policy Council, Year One, December, 2006,
On November 19, 2005, Illinois Governor Rod Blagojevich
signed the new Americans Executive Order, an attempt to adopt a coherent, strategic, and proactive state government approach
to integrate the rapidly growing immigrant population of Illinois. The Executive Order created a New Americans Policy Council
comprised of prominent Illinois business, faith, labor, community, philanthropic and governmental leaders. This report, covering
the issues of citizenship, education, human services and health care, is the first report of the Council.
Integration: Improving Policy for Education, Health
and Human Services for Illinois' Immigrants and Refugees,
New Americans Interagency Task Force Report, December, 2006,
42 pp. (INACTIVE LINK)
This report summarizes recommendations developed by an Interagency Task Force convened
by the Office of New Americans Policy and Advocacy in the State of Illinois. The Task Force developed seven recommendations
to enable immigrants to access services, contribute to their communities and enhance their lives and the lives of those around
Out of the Many, One: Integrating Immigrants in New
National Immigration Forum, 2006, 64 pp.
Produced by Diversity Dynamics in collaboration with the New Jersey Immigration
Policy Network, this report constitutes a blueprint for a comprehensive immigrant integration agenda in the State of New Jersey.
It contains 51 recommendations and covers topics as wide-ranging as education, training and employment, health care,
language access, police-community relations, and immigrant civic participation.
Acclimation of Virginia's Foreign-Born Population,
Report of the Joint Legislative Audit and Review Commission, Commonwealth
of Virginia, 2004, 104 pp + appendices
This is a comprehensive
report on Virginia's foreign-born population with special attention to best practices and opportunities for state and local
initiatives to promote immigrant integration. Commission staff found that the state's immigrants have three primary needs:
access to English learning opportunities, access to information and services in native languages, and access to affordable
Latinos and the State of New Jersey: A promising
Partnership for a Better Future,
Hispanic Advisory Council, 2003 Policy Report, Submitted to Governor
James E. McGreevey, October 27, 2003, 31 pp.
to a governor's executive order, a 14-member council was established to provide guidance to the administration in serving
New Jersey's burgeoning Latino population. Three sub-committees (economic development, education, and health) produced a series
of recommendation for consideration by the state.
We the People: Helping Newcomers Become Californians,
State of California, Little Hoover Commission, June, 2002, 92 pp.
A bipartisan, independent state body, the Little
Hoover Commission called for a "coherent strategy for accelerating the integration of immigrants into the economy and
their communities." Recognizing the challenge presented by the state's 2 million undocumented immigrants, the commission's
report moves beyond the distinction between legal and illegal immigration, and in its place, introduces the more practical
distinction between responsible and irresponsible community members. The report then goes on to outline the responsibilities
of immigrants to the larger community, and the responsibilities of the larger community towards immigrants.