Immigration Update: State-Level Legislation

With Arizona’s immigration law SB 1070 slated to go into effect on July 29, legislators around the country continue to look at similar restrictive measures toward undocumented immigrants. The U.S. Department of Justice lawsuit filed against Arizona on July 7 may delay implementation of the law or permanently strike it down, but, either way, state legislators are increasingly acting to take federal policy into their own hands.

The Budgetary Impact of Defending SB 1070

Attorney General Eric Holder’s lawsuit joins seven other legal challenges filed by Hispanic and civil rights groups. Most focus on one argument: the federal government has jurisdiction over the states in making immigration laws. Other lawsuits, such as the one filed by the League of United Latin American Citizens and the Center for Human Rights and Constitutional Law site the confusion of the training manual materials used to enforce the law as the basis of their lawsuit.

Defending SB 1070 comes at a great cost for a state with a $3 billion deficit. Arizona must now look outside its public coffers to fight legal challenges and has already set up a website asking for donations. From mid-June through July 7, 10,000 donations have been received for a total of nearly $500,000. Nearly half of the contributions have come from Arizona, California, and Texas.

The U.S. Congress is also weighing in. On July 14, Senators Jim DeMint (R-SC) and David Vitter (R-LA) filed Senate Amendment 4464, which would prohibit the Department of Justice and other agencies from participating in lawsuits seeking to invalidate SB 1070. No action has been taken on their amendment.

Copycat Legislation

Since SB 1070 was introduced and signed, reports have mentioned the 20 or so states debating copycat legislation. Most recently, on July 13, the city council of Fremont, Nebraska, certified the results of a June vote where city residents supported an immigration measure that would prohibit businesses and landlords from hiring or renting property to undocumented immigrants. The law—initially rejected by the city council—was moved forward by way of a petition and placed on the ballot. The American Civil Liberties Union has stated it will challenge the new law, which will go into effect on July 29, 2010.

Below is a round-up of some of the other local legislation being proposed around the country:

Georgia: Gubernatorial candidate Nathan Deal has said if he won, he would work to pass and sign a similar law to SB 1070. Deal competes in the state’s Republican primary on July 20.

Maryland: State Delegate Pat McDonough wants his state to pass a version of SB 1070. McDonough said that when Arizona passes tougher immigration laws, immigrants move to Maryland.

Michigan: On June 9, HR 295 was introduced, expressing support for Arizona's law regarding immigration and opposing any boycott of Arizona businesses.

Minnesota: On May 6, HB 3830 was introduced by Representative Steve Drazkowski. If passed, this bill would require the carrying of identification cards, prohibit the transporting and smuggling of undocumented immigrants, prohibit undocumented immigrants from working or soliciting work in the state, and create the “Minnesota Illegal Immigration Enforcement Team.”

Ohio: Butler County Sheriff Rick Jones and Ohio Representative Courtney Combs have asked Governor Ted Strickland to pass an immigration law similar to Arizona’s.

Oklahoma: State Representative Randy Terrill expressed a desire to go beyond the Arizona law and plans to introduce a bill next year that would seize property from businesses that knowingly employ undocumented immigrants.

Pennsylvania: On May 5, Pennsylvania HB 2479 was introduced by State Representative Daryl Metcalfe. This bill would require the possession of immigration papers, require verification of legal status if applying for state or federal public benefits, and give Pennsylvania’s law enforcement the right to detain an undocumented immigrant. Governor Ed Rendell has said he will veto the bill if it comes to his desk.

Rhode Island: On May 18, State Representative Peter Palumbo introduced HB 8142This measure would require police to determine the immigration status of a person involved in a lawful stop "where reasonable suspicion exists" and would criminalize failure to carry alien registration documents. The bill did not get a hearing before the state’s legislative session concluded.

South Carolina: State legislators have expressed their intent of writing similar legislation to SB 1070 in early January 2011 when it reconvenes.

Texas: State Representative Debbie Riddle has introduced similar legislation to SB 1070 in the past and announced she will do so again when the legislature meets in its next regular session in January 2011.

Utah: State Representative Stephen Sandstrom said he is drafting legislation similar to Arizona's to introduce in the next legislative session. But, following the announcement of the federal suit, he said he may consider watering it down. Sandstrom said his measure may require officers to meet the higher legal standard of "probable cause" to suspect someone of being undocumented before checking.