States Tired of Federal Inaction Tackle Immigration
WASHINGTON — With the impetus for a federal overhaul of U.S. immigration laws stalled, lawmakers in 41 states enacted 170 immigration-related bills this year and state-level legislative activity on the issue more than doubled from 2006 levels, according to a report by the National Conference of State Legislatures.
With rising concern among voters over illegal immigration and the collapse of a Senate immigration bill this summer, immigration-related legislative introductions at the state level during 2007 increased more than 240 percent from 2006, according to the NCSL report.
As of August, legislatures across the United States had considered more than 1,400 measures dealing with immigration issues in policy areas, including identification documentation, employment, education, criminal justice, public benefits and services, and human trafficking.
Legislation focused on employment eligibility and limiting illegal immigrants’ access to employment, and verification requirements mandated for employers and employees was enacted in 19 states.
Arizona legislators passed a law that prohibits employers from hiring undocumented workers, and requires employers to use a federal immigration verification database for monitoring and enforcement purposes. Under the law, businesses that do not comply could have their business licenses suspended or revoked.
Tennessee lawmakers made it a criminal offense to “recklessly employ” an illegal alien, with fines of up to $50,000, according to the report. Several states passed legislation that denies state contracts to employers that have hired illegal immigrants. Many of the same states also moved to bar illegal immigrants from receiving unemployment benefits.
Lawmakers in Illinois passed legislation that would prohibit employers from enrolling in the employment eligibility verification system until accuracy criteria is ensured. The legislation is awaiting gubernatorial approval, according to the NCSL report.
States, including Kansas, Montana, Nevada and Indiana, passed new or tougher laws to prevent illegal immigrants from obtaining driver’s licenses. Louisiana passed legislation requiring license applicants’ names to be verified against the federal immigration database and the Department of Homeland Security’s terrorism watch list, according to the NCSL report.
Eleven states, including Colorado, Texas and Kansas, enacted legislation that limits public benefits and services, requiring proof of lawful residence in the United States for receipt of benefits and denying state assistance to illegal immigrants, according to the NCSL report. Minnesota passed a law similar to the federal statute that prohibits illegal immigrants from receiving most medical aid.
Texas was one of 15 states to pass legislation against human trafficking, which generally took the form of tougher penalties and/or greater assistance for victims. In Oregon, legislators made it illegal to perform immigration consultations and offer counsel without active status in the state bar association.
With several states still in session, additional legislative bills could be approved by the end of the year, according to the NCSL report.
