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May 17, 2007

Immigration Reform Must Address Impact on States

WASHINGTON, D.C. - For immigration reform to be truly comprehensive, Congress must address immigration's impact on state and local governments, a Washington state legislator told Congress today.

At a hearing of the U.S. House Judiciary Subcomittee on Immigration, Citizenship, Refugees, Border Security and International Law, Washington Representative Sharon Tomiko Santos told her federal counterparts that states are often left footing the bill for Washington's action (or, most recently, inaction) on immigration policy.

"Although immigration policy falls under the jurisdiction of the federal government, the impact of these policies are directly felt by the states," said Representative Santos, co-chair of the National Conference of State Legislatures' Task Force on Immigration and the States.  "States are often left to pay for programs required by federal law as well as services mandated by the courts with limited federal reimbursements."

While the federal government is solely responsible for setting immigration policy, state and local governments' education, health care and criminal justice systems must provide basic services to immigrants.  Additionally, states and local communities expend valuable resources integrating immigrants into their local communities.

Due to Washington's inability to craft a comprehensive immigration reform solution, states have been forced to try to address the issue as best they can.  Thus far during 2007, all 50 state legislatures have considered immigration-related legislation.  At least 1,150 bills have been introduced - more than twice the number of immigration-related measures during the entire previous year.

"Immigration is now a 50-state issue," Rep. Santos said.  "Immigration doesn't just affect border states like mine but states in the South and Midwest, some of whom have seen a 400 percent increase in the number of foreign-born residents over the last ten years."

In response to the increased state legislative activity on immigration-related issues, the National Conference of State Legislatures' Executive Committee created a task force to examine both the state and federal roles in immigration reform and its impact on the states.  The bipartisan panel was also to make recommendations for a federal immigration reform solution.

Representative Santos told members of the U.S. House that federal immigration reform must strike a fine balance.

"Federal immigration policy must strike a balance among core principles of our democracy: preserving the safety and security of our nation, encouraging the economic strength of our states and communities and recognizing our history as a nation of immigrants... Federal immigration reform will not be comprehensive unless it addresses the impact of immigration on the states -- border security and law enforcement, the costs of health and education and civic integration," she said.

State lawmakers are particularly concerned with the level of federal resources going to states to address immigrant-related issues.  States have called on Congress to create a state impact grant which would provide states with a reliable, guaranteed funding source to manage the fiscal impacts of providing health and education to immigrant populations.

State legislators are also concerned about the elimination in the president's budget proposal of state reimbursements under the State Criminal Alien Assistance Program.  Under SCAAP, states are reimbursed up to 25 percent of the costs of incarcerating unauthorized immigrants.  During FY 2005, the state of Washington spent $27 million incarcerating SCAAP-eligible prisoners but was only reimbursed $1.72 million.  This, says Representative Santos, is "an untenable unfunded federal mandate."

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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