States Immigration Laws
BOSTON
& SANTA FE, NM (By
Aaron Couch,
Christian Science
Monitor
) March 23, 2011
The wave of
immigration laws
that has swept
through states since
2006 shows few signs
of letting up, with
state legislators
expected to
introduce about
1,400 bills this
year. Yet five years
into this
legislative surge,
the toughest laws
have not recast
immigration in the
ways that
legislators might
have intended.
From an enforcement
standpoint, the
impact of state
anti-immigration
laws like Arizona's
controversial SB
1070 "is almost
negligible," says
Veronica Dahlberg,
an immigrants'
rights activist.
The far greater
impact has been
social, Hispanic
groups say. Laws
targeting illegal
immigrants have
reflected and even
intensified the
rising
anti-immigration
movement, both in
statehouses and on
the streets. The
result is a
legislative record
from Arizona to
Florida that hasn't
made much of a mark
on illegal
immigration, but has
fueled a populist
backlash against it.
This is
"particularly true
in some places,
because there's been
very rapid growth in
immigrant
populations," says
Marc Rosenblum, a
senior analyst at
the Migration Policy
Institute.
The trend was
sparked by a
dramatic uptick in
illegal immigration
in the decade before
2006. Roughly half
of all unauthorized
immigrants now in
the country some 6
million in all
came to the United
States during that
period.
The response from
state legislatures
built rapidly. In
2006, they passed
twice as many
immigration laws as
they had a year
earlier. By 2008,
they passed five
times the 2005
number a level
that has stayed
steady since. Last
year, state
legislators
introduced about
1,400
immigration-related
bills, more than 200
of which became
laws.
The majority of
these laws have been
neutral on illegal
immigration. But
some of the most
noteworthy have
taken a tough
stance, and more of
the same is expected
this year:
About a dozen
states are now
considering bills
like Arizona's SB
1070, which requires
police officers to
check a person's
immigration status
during routine
stops.
On March 16, Utah
Gov. Gary Herbert
(R) signed four
immigration bills,
which would, among
other things, allow
undocumented
immigrants to work
in the state and
allow police to
check the
immigration status
of people arrested
for serious crimes.
The bills were seen
as an attempt to
find a middle ground
in the immigration
debate.
The Virginia
legislature is
considering an
effort to ban
unauthorized
immigrants from
enrolling in public
universities.
A Florida bill
would require anyone
employed in the
state be run though
E-Verify, a federal
citizenship and
immigration
registry. Currently,
all federal
employees and
contractors must be
run through
E-Verify, but
applying this to all
workers in a state
would be a first.
Yet the track record
for recent
immigration
legislation suggests
that explicitly
anti-illegal
immigration bills
are more the
exception than the
rule. Some 71
percent of the state
immigration laws
passed from 2006 to
2010 were neutral
toward undocumented
immigrants. A small
portion of these
laws could actually
be said to be
tolerant of
unauthorized
immigrants, such as
a 2006 Nebraska law
granting in-state
tuition to some
unauthorized
immigrants.
In a testament to
the difficulty of
passing tough laws,
Arizona defeated a
bill that would have
denied citizenship
to children who do
not have at least
one US citizen or
permanent legal
resident as a
parent.
Moreover, by some
measures, the
farthest-reaching
laws have had little
impact. Arizona's SB
1070 has reportedly
yielded no arrests,
and enforcement of
the portion of the
law requiring police
officers to check a
person's immigration
status is being
delayed by a court
challenge.
Oklahoma's HB 1804
was hailed by
supporters as the
toughest state
immigration law in
the US in 2007. It
barred unauthorized
immigrants from
receiving state
benefits and made
transporting them a
crime. After a year,
the law had yielded
three arrests and
one conviction, the
Associated Press
reported.
But this is not to
say that state and
local policies have
not had significant
effects. When Prince
William County in
Virginia passed an
SB 1070-style law in
2008, those
embroiled in the
debate say it became
a very different
place.
"It wasn't just that
a law was passed.
All of a sudden
people felt threats
of violence," says
film producer Chris
Rigopulos after a
screening of "9500
Liberty," a
documentary on the
law.
In Arizona, an
estimated 100,000
Hispanics left the
state in the months
after SB 1070 was
enacted, according
to a BBVA Bancomer
Research study.
But according to
Alicia Sandoval, who
left Arizona for
Ohio, this mass
exodus was not just
because of SB 1070.
Ms. Sandoval, who
came to the US from
Mexico 10 years ago,
says the law only
formalized what had
been going on for
years. "When we
first came to
Arizona, there was
no fear," Sandoval
says through an
interpreter. "The
police wouldn't
treat you bad, even
if you didn't have
any papers."
But that has
changed. She points
to the aggressive
policies of Maricopa
County Sheriff Joe
Arpaio, who helped
deport 26,000 people
from 2007 to 2010
all before SB 1070.
Sandoval worked at a
bakery in the
heavily Hispanic
Phoenix neighborhood
and often saw lines
of cars pulled over
by police officers
when she got off
work at 1 a.m. She
says police would
find reasons, such
as expired tags, to
pull over people.
"We need some sort
of education on how
we can be integrated
into the community,
and not be separated
from it," says
Sandoval.














