July 24, 2008
State Immigration-Related Legislation for 2008 Nears 2007 Levels
More than 1,200 measures introduced, 190 passed in first six months of the year
 State Laws Related to Immigrants and Immigration Report
NEW ORLEANS - While 2007 is typically looked upon as record year for state immigration-related legislation, 2008 rivals the number and types of measures introduced in 45 state houses in session.
So far, 1,267 bills related to immigrants and immigration were introduced in state legislatures across the country with at least 175 of those becoming law in 39 states. Some 190 bills and resolutions passed legislatures, but 12 are pending a governor's signature and three were vetoed.
At this time last year, 1,404 bills and resolutions had been introduced and 182 passed in 43 states. In all of 2007, state legislatures introduced an unprecedented 1,562 laws regarding immigration, of which 240 became law.
"We're witnessing a trend of states willing to take the lead in responding to immigration challenges when Congress will not," said William T. Pound, executive director of the National Conference of State Legislatures (NCSL). "States are looking at creative solutions to law enforcement and work-site enforcement as well as considering the needs and contributions of legal immigrants to the United States."
NCSL's Immigrant Policy Project provides legislative research and analysis on immigration policy issues, such as the provision of benefits, health care, education and housing, and integration assistance. The project releases quarterly reports on trends of state immigrant- and immigration-related legislation.
As in recent years, the top three areas of interest are identification and driver’s license (203 bills introduced – 30 laws enacted), employment (198 bills introduced – 18 laws enacted), and law enforcement (214 bills introduced - 10 laws enacted).
State laws related to immigration have increased dramatically in recent years:
- In 2005, 300 bills were introduced and 38 laws were enacted.
- In 2006, activity doubled: 570 bills were introduced and 84 laws were enacted.
- In 2007, activity tripled: 1,562 bills were introduced and 240 laws were enacted.
States continue to employ a range of enforcement and integration approaches. For example, one state created a pilot guest worker program to expedite the approval of foreign workers under the federal H-2A visa program and another state revisited employment-related legislation passed last year. One state makes legal immigrant children and pregnant women eligible for SCHIP and another aims to address the needs of the Asian Pacific American community, including English language instruction, health access and economic development.
One state expanded the definition of smuggling of human beings by including the use of so-called “drop houses.” Several states commissioned studies to investigate the economic and fiscal impacts of immigration, including state remedies to recover money owed to the state by the federal government. Three states passed legislation addressing multiple issues, such as employment, law enforcement, public benefits, legal services and identification/licensing.
Below is a chart listing the breakdown of immigration-related legislation:
|
Main Topics |
Number of Laws Enacted |
States |
|
Education |
12 |
8 |
|
Employment |
18 |
12 |
|
Health |
7 |
6 |
|
Human Trafficking |
4 |
4 |
|
ID/Driver’s Licenses and other Licenses |
30 |
15 |
|
Law Enforcement |
10 |
8
|
|
Legal Services |
2 |
2 |
|
Miscellaneous |
28 |
17 |
|
Omnibus/Multi-Issue Measures |
2 |
2 |
|
Public Benefits |
4 |
4 |
|
Voting |
1 |
1 |
|
Resolutions |
57 |
19 |
|
TOTAL |
175 |
39 |
Although the federal government has exclusive jurisdiction over immigration policy (the terms and conditions for entry into the United States), states and localities have become responsible for immigrant policy (the policies that help newcomers integrate into the country’s economic, social, and civic life.)
The Immigrant Policy Project serves state and local policymakers and their staff by providing timely, impartial, and succinct information on immigration activities at the federal, state, and local levels. This unique collaboration among the state and local groups allows the project to listen to policymakers concerns directly and respond with targeted research that is balanced. The project has focused on the federal-state-local partnership in the re-settlement of immigrants and refugees, including immigration-related state laws affecting migrants and civic engagement.
NCSL is the bipartisan organization that serves the legislators and staff 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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