June 27, 2007

The Honorable Harry Reid Majority Leader United States Senate S-220 Capitol Building Washington, D.C. 20510

The Honorable Mitch McConnell Minority Leader United States Senate S-230 Capitol Building Washington, D.C. 20510

      

RE: The Secure Borders, Economic Opportunity and Immigration Reform Act of 2007 (S.1639)

Dear Senator Reid and Senator McConnell,

The National Conference of State Legislatures urges your support of the Secure Borders, Economic Opportunity and Immigration Reform Act of 2007 (S.1639). State lawmakers from across the country recognize the challenges facing our nation in matters related to immigration.  It is NCSL’s position that 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.  S. 1639 strikes this balance. 

NCSL supports comprehensive immigration reform that enhances our border security and addresses the inequities in our current immigration system.  To be effective, balanced and fair, comprehensive reform should not contain unfunded mandates, nor preempt areas of existing state authority nor confer federal responsibilities on the states.  It should require true collaboration between state and federal government.  Finally, comprehensive immigration reform must address the impact of immigration on the states.  NCSL supports S. 1639 because it accomplishes these goals.   

NCSL believes that inclusion of a funding stream to state and local governments for addressing health and education costs of immigrants and guestworkers is imperative.  A key component of S. 1639 is the inclusion and funding of the State Impact Assistance Grant Program. Although immigration policy falls under the jurisdiction of the federal government, the impact of these policies are directly felt by the states.  States are often left to pay for the programs required by federal law and the services mandated by the courts with limited federal reimbursements.   

NCSL supports the provisions of S. 1639 that retain existing federal authority and responsibility for enforcement of civil immigration laws thereby permitting state and local law enforcement personnel to focus on enforcement of state criminal laws.  The legislation strengthens the existing Memorandum of Understanding (MOU) process, which allows for state involvement in enforcement of our nation’s civil immigration laws by state option.  It also requires the Department of Homeland Security to reimburse states for training costs associated with participating in an MOU.  The legislation also increases authorized funding for the State Criminal Alien Assistance Program (SCAAP), a reimbursement program that covers some of the costs of incarcerating illegal undocumented aliens by state and local governments.

However, NCSL remains concerned with provisions in the bill, which would expand the "official purpose" of the Real ID to include securing employment and thereby effectively mandate states to implement the Real ID.  In addition, any grant program for Real ID implementation must ensure that all states that choose to comply with the Real ID are provided a minimum level of federal funds.  The program should not be a competitive grant left to the discretion of the Secretary, as proposed in this legislation.

NCSL strongly urges your support of S. 1639.  We recognize that immigration is a difficult issue for our nation, and applaud the Senate’s diligent work on advancing legislation that addresses all components of this public policy challenge. 

Thank you for considering our views.  Should you or your staff have additional questions regarding NCSL’s position, please contact Sheri Steisel (202-624-8693, sheri.steisel@ncsl.org) or Michael Bird (202-624-8686, michael.bird@ncsl.org) of the NCSL staff.

 

Sincerely,

Senator Leticia Van de Putte
Texas
President, National Conference of State Legislatures

Representative Joseph Miro Delaware Co-Chair, NCSL Executive Task Force on Immigration and the States

Representative Sharon Tomiko Santos Washington Co-Chair, NCSL Executive Task Force on Immigration and the States

  

CC: United States Senate