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One of the most important and unsettling new trends
in immigration and integration policy is the federal deputization
of state and local officials to combat illegal immigration and the
recent proliferation of state and local laws and ordinances barring
illegally resident immigrants from working, obtaining housing, or
using public benefits.
This devolution of what was largely an exclusive federal responsibility has meant
that local mayors, county executives, city councils, police chiefs, sheriffs,
state troopers, state attorneys general, hospital administrators, housing inspectors,
emergency room workers, and ESL program coordinators (to name just a few) have
been pressed into the role of immigration law enforcement.
The Center’s work in this area is tackling the complex interaction of immigration
status with the attempts of states and localities to balance the competing interests
of immigration control, privacy, public safety, and public health in their communities. |
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Did you know? |
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State legislatures from all 50 states introduced
more than 1,000 immigration-related measures in 2007. More
than 150 measures passed in 2007, three times more than 2006. While
these bills covered a wide variety of topics, many states focused
on education, employment, identification and driver’s licenses,
law enforcement, legal services, public benefits, trafficking,
and voting procedures.
Most bills introduced in 2007 targeted employment and local
enforcement initiatives, but measures addressing human trafficking
and family law had the highest success rates.
In all, 306 measures sought to expand the rights of immigrants,
while 256 contracted the rights of immigrants.
Texas, New York, Tennessee, and Virginia introduced the most state
measures. |
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What's New |
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Delegation and Divergence: A Study of 287(g) State and Local Immigration Enforcement
By Randy Capps, Marc R. Rosenblum, Cristina Rodríguez, and Muzaffar Chishti
The section 287(g) program, which delegates federal immigration enforcement powers to state and local officers, is not targeted primarily at serious offenders. Despite public statements by Obama administration officials that the program is primarily aimed at identifying and removing “dangerous criminals,” MPI researchers found that about half of 287(g) activity involves noncitizens arrested for misdemeanors or traffic offenses. Formal program changes unveiled by US Immigration and Customs Enforcement in 2009 have not substantially changed program priorities, operations, outcomes, or community impacts, the report concludes, offering findings that also have implications for the Secure Communities program.
Download Report | Video | Audio/Podcast
A Program in Flux: New Priorities and Implementation Challenges for 287(g)
By Cristina Rodríguez, Muzaffar Chishti, Randy Capps, and Laura St. John
State and local enforcement of federal immigration laws has generated considerable controversy in public policy circles in recent years, particularly with respect to the Section 287(g) program. The Obama administration is reforming the program, with a new standardized memorandum of agreement (MOA) that will govern all future Section 287(g) collaborations. In this report, the authors find that some aspects of the new standardized agreement may address criticisms of the program, while others could complicate implementation. The report sets forth a research agenda for determining whether the 287(g) program generates greater benefits than costs and is worth maintaining.
Download Report
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Did you know? |
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State legislatures from all 50 states introduced
more than 1,000 immigration-related measures in 2007. More
than 150 measures passed in 2007, three times more than 2006. While
these bills covered a wide variety of topics, many states focused
on education, employment, identification and driver’s licenses,
law enforcement, legal services, public benefits, trafficking,
and voting procedures.
Most bills introduced in 2007 targeted employment and local
enforcement initiatives, but measures addressing human trafficking
and family law had the highest success rates.
In all, 306 measures sought to expand the rights of immigrants,
while 256 contracted the rights of immigrants.
Texas, New York, Tennessee, and Virginia introduced the most state
measures. |
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What’s Happening |
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February 11
The Oregon Senate passed Bill 1080 to tighten driver’s license requirements.
Once Governor Ted Kulongoski signs the bill, it will be enacted into law. Read
the bill here.
February 8
A federal judge upheld Arizona’s employer sanctions law
prohibiting employers from hiring unauthorized workers and
revoking or suspending the business license of companies found
to be violating the law.
- Read the court decision here.
- Read the bill here.
February 1
The US Chamber of Commerce is challenging Oklahoma’s
immigration Bill 1804, which would ban employers from hiring
workers in the country illegally and would require contractors
working for the state to use the E-Verify program. The bill
is set to take effect in July.
January 31
A US district judge has upheld the Valley Park, MO, ordinance
that denies licenses to business violating federal immigration
law. Valley Park passed the ordinance in 2006.
- Read the judge’s order here.
- Read the ordinance here.
January 22
The city of Farmer’s Branch, TX, passed an ordinance
requiring renters to obtain a residential occupancy license.
Read the ordinance here. |
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Selected Readings
(List Under Development) |
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State and Local Enforcement of Immigration
Laws
By Michael J. Wishnie
University of Pennsylvania Journal of Constitutional Law 4 (2004):1084
Enforcing Immigration Law: The Role of State and
Local Enforcement
By Lisa M. Seghetti, et al.
Congressional Research Service Report to Congress, March
11, 2004
"Migration Goes Local: The Role of States in US Immigration Policy"
Symposium held at the New York University School of Law
NYU Annual Survey of American Law 58, No. 3 (2002): 283-293
State and Local Authority to Enforce Immigration Laws: A Unified Approach for Stopping Terrorists
By Kris W. Kobach
Center for Immigration Studies, June 2004
Strangers to the Constitution: Immigrants, Borders, and Fundamental Law
By Gerald L. Newman, 1996
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