August 6, 2007

States Pick Up Congress' Slack on Immigration

BOSTON - As the prospects for federal immigration reform dwindled, state legislators took matters into their own hands and enacted 170 immigration-related bills in 41 states, more than double the number of enacted legislation in 2006 according to a new report from the National Conference of State Legislatures. 

"Congress' failure to enact comprehensive immigration reform has really forced the states' hands," said Texas Senator and NCSL President Leticia Van de Putte.  "Since the federal ship has sunk, there have been 50 lifeboats in the water seeking a solution.  Once again, states have taken the lead on one of the most critical public policy challenges facing our country."

Immigration-related introductions in 2007 have jumped more than 240 percent over last year's introductions.  1,404 bills in all 50 states have been considered thus far this year.  The legislation encompasses a wide range of policy areas including employment issues, education, human trafficking, law enforcement and public benefits among others.

Topics	Introduced	States	Enacted Laws	States
Education	118	31	10	8
Employment**	234	44	26	19
Health	134	31	11	9
Human Trafficking	79	29	15	11
ID/Driver’s Licenses/Other Licenses	229	45	35	26
Law Enforcement	148	34	11	7
Legal Services	20	10	3	3
Miscellaneous	103	29	6	5
Comprehensive Measures	26	8	0	0
Public Benefits**	115	39	15	11
Voting	46	20	0	0
Resolutions	152	34	38	14
TOTAL	1404	50	170	41

**Since the April 18^th 2007 report, 34 pieces of legislation, concerned with workers compensation and unemployment insurance, have been moved from the public benefit section to the employment section.

While immigration policy falls under the purview of the federal government, the impact of these policies are felt directly by the states.  States often must pay for the programs required by federal law and the services mandated by the courts with negligible federal reimbursements.  Additionally, the arrival of immigrants into an area requires programs and policies specifically directed towards the needs of immigrants while encouraging economic, social, and civic life integration within the community.  The weight of these needs can be heavy on states, especially in the areas of education, health, and law enforcement systems.

"Despite immigration policy being the sole responsibility of the federal government, the burden providing for the needs of the immigrant population has fallen squarely on the shoulders of states," Van de Putte said.

Copies of the report are available on NCSL's website, www.ncsl.org.

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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Contacts

Bill Wyatt
Director of Media Relations
Washington, D.C.
202-624-8667

Meagan Dorsch
Media Manager
Denver
303-856-1412

More Resources

• NCSL Immigration Update
• NCSL Immigration Resources  
• NCSL Press Room
• Press Release Archive