State Omnibus Immigration Laws and Lawsuits

State immigration enforcement laws continue to be tested in the courts.  Arizona's law (SB1070) will be before the U.S. Supreme Court on April 25, 2012.  Alabama, Georgia, Indiana, South Carolina and Utah enacted similar laws in 2011.  Lawsuits were filed in each state.  The U.S. Department of Justice has challenged Alabama's law, HB56; South Carolina's immigration law, S.20; and Utah's HB497.  On March 8, 2012, two additional provisions of Alabama's law were enjoined. Updated April 18, 2012  More

2012 State Immigration-Related Bills and Laws

In the first quarter of 2012, 865 bills and resolutions relating to immigrants and refugees were introduced in 45 state legislatures and the District of Columbia. This is 673 fewer—a decrease of 44 percent—than the first quarter of 2011, when 1,538 bills were introduced. Montana, Nevada, North Dakota and Texas are not in regular session in 2010, and North Carolina begins its session in May. These five states accounted for 256 bill introductions in the first quarter of 2011. May 2012.  More

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E-Verify

E-Verify is a federal program to help employers verify work authorization of new employees.  This FAQ explains E-Verify, state legislation, a recent GAO evaluation, and the May 26, 2011 Supreme Court ruling upholding Arizona's 2007 law.  Revised Nov. 4, 2011. More

 Immigration and State Laws: Interviews with the Experts

“Testing the Constitution: State Immigration Laws and the Courts” featured Professor Peter Schuck, a constitutional scholar from Yale University, who described immigration federalism, the role of states, and areas of federal preemption. Texas State Senator Leticia Van de Putte, Arizona State Senator Rich Crandall, and Utah State Senator Curtis Bramble offered their perspectives on immigration within their states. Legislative Summit, San Antonio, August 2011.  More

Arizona’s Immigrant Trespassing Law:  Cause for Preemption?  Speakers:  Representative John Kavanagh, Arizona; Senator Leticia Van de Putte, Texas; Peter Spiro, Temple University – Beasley School of Law; Hubert Williams, President, Police Foundation.  Legislative Summit, Louisville, July 2010.  More

Arizona and Immigration Law Enforcement

Arizona's SB1070 and HB 2162 added new state requirements, crimes and penalties relating to immigration law enforcement.  On July 28, 2010, the laws were partially enjoined and on April 11, 2011, the 9th U.S. Circuit Court upheld the injunction. A video of a session examining the laws and legal challenges at NCSL's Legislative Summit session is now available online. Updated July 28, 2011.  More 

 Secure Communities 

The Secure Communities program in DHS was created to improve the identification and removal of criminal unauthorized immigrants from the United States.  The program expands access for state and local law enforcement to the US-VISIT and IDENT databases, and adds biometric fingerprints to the biographical information currently used to identify immigration status. This brief describes the program, pros and cons, and recent state and federal actions.    More