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August 6, 2012

State Legislatures Enact 206 Immigration Related Bills and Resolutions in First Half of 2012 - Down 20 % From Same Period Last Year

Law Enforcement and Identification/Drivers Licenses Remain Top Issues

CHICAGO – Lawmakers in 41 states enacted 114 bills and adopted 92 resolutions dealing with immigration in the first half of 2012. The immigration activity is detailed in a new report from the National Conference of State Legislatures’ (NCSL) Immigrant Policy Project released Monday at the NCSL Legislative Summit.

This marks a decrease of 20 percent from the 257 laws and resolutions enacted in the first half of 2011. Law enforcement and identification/driver’s licenses remained the leading issues addressed by state legislatures, comprising 18 percent and 11 percent respectively, of all enacted laws on immigration.

“States took a bit of a pause on the issue of immigration as they waited for the Supreme Court to rule," said Senator John Watkins of Virginia, Co-Chair of the NCSL Immigration and the States Task Force. "The ruling we got is a yellow light, in that states can move forward in some areas, but not in others.”

“On the issue of immigration, the outcome in November really doesn’t matter. Whoever is elected president will need to work with both parties in Congress and address this issue," said Representative Sharon Tomiko Santos of Washington, Co-Chair of the NCSL Immigration and the States Task Force. "The can has been kicked down the road for too long, and states have suffered as a result. Come January, action at the federal level needs to happen.”

Multiple reasons exist for the decline in immigration-related legislation. Budget gaps and redistricting maps took priority, consuming the bulk of legislative agendas. Perhaps more significant, state lawmakers cited pending litigation on states’ authority to enforce immigration laws, such as the Arizona v. United States decision handed down by the U.S. Supreme Court in June, as further reason to postpone action.

As the nation awaited the Arizona v. United States ruling, state omnibus immigration legislation  slowed significantly.  Unlike 2011, when 30 state legislatures introduced more than 50 omnibus bills similar to Arizona’s, only five states – Kansas, Mississippi, Missouri, Rhode Island and West Virginia – did so this year, and none were enacted. Alabama was the only state to act on an omnibus bill in 2012, amending its 2011 law.

Among the immigration bills passed, E-Verify, the federal work authorization system, was of particular interest. Six states enacted legislation addressing employers’ use of E-Verify, raising  the total number of states with E-Verify requirements to 19.

Lawmakers in 46 states and the District of Columbia introduced 948 bills and resolutions related to immigrants and refugees during the first half of 2012, a 40 percent drop from the peak of 1,592 in the first half of 2011. Legislatures in Montana, Nevada, North Dakota and Texas did not meet in regular session in 2012.

For more information on NCSL's Immigration Report, please contact the press room.


NCSL is a bipartisan organization that serves the legislators and staffs of the states, commonwealths and territories. It provides research, technical assistance and opportunities for policymakers to exchange ideas on the most pressing state issues and is an effective and respected advocate for the interests of the states in the American federal system.

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