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Recent State & Local Immigration Developments (Aug 2014)

Back to State and Local Immigration Project Page

 

New York Passes Law to Protect Immigrants Against Fraud

 On August 6, 2014, New York enacted the Immigrant Assistance Service Enforcement Act to protect individuals against immigration fraud and punish perpetrators. The law ensures that only attorneys and representatives accredited by the Board of Immigration Appeals (BIA) can provide immigration legal services, strengthens translation requirements, increases civil penalties for immigration fraud violations, and creates two new immigration assistance fraud crimes – a felony and a misdemeanor. The legislation also institutionalizes the New York State Office for New Americans, an entity created by the Governor last March to offer immigrant communities legal services, civics and English as a Second Language classes, and other services. This law will serve as a model for other state legislatures around the country. Congratulations to Catholic Charities of New York which worked with other allies to get the bill passed.

 

Colorado Begins Issuing Licenses to Undocumented Drivers

 Starting August 1, 2014, undocumented residents of Colorado began applying for driver’s licenses at five Department of Revenue locations across the state. Colorado’s law permits residents who cannot demonstrate lawful presence but have a federal Individual Taxpayer Identification Number (ITIN) to apply for a three-year driving license. However, the license is distinguishable from the standard license in that it has a black banner on the front reading “Not Valid For Federal Identification, Voting or Public Benefit Purposes.” An estimated 45,000 people are expected to be eligible.  Colorado was one of eight states that passed laws last year permitting undocumented residents to apply for driving privileges. Illinois, Maryland, Nevada, and Vermont have already begun granting licenses. California and Connecticut will start in January 2015. The implementation of Oregon’s driver’s license law is on hold pending the outcome of a voter referendum in November.

 

According to Appeals Court, Arizona Must Grant Driver’s Licenses to DACA Recipients

On July 7, 2014, the 9th Circuit Court of Appeals ruled against Arizona’s policy of denying driver’s licenses to state residents with Deferred Action for Childhood Arrivals (DACA). According to the court, the plaintiffs succeeded in showing that they were likely to suffer serious harm as a result of the state policy.  The Appeals Court ordered the lower federal court in Phoenix to issue an order prohibiting the state from refusing to accept DACA recipients’ employment authorization documents as proof that they are authorized under federal law to be present in the United States and, therefore, eligible to receive a driver’s license. However the lower court has not yet issued the order because the state of Arizona has asked for a rehearing. The only other state that continues to deny driver’s licenses to DACA recipients is Nebraska.

 

Boston Becomes the Latest Major City to Limit Police Cooperation with ICE

On August 20, 2014, the Boston City Council unanimously passed an ordinance limiting the instances in which police will detain immigrants for possible deportation. The Boston TRUST Act prohibits law enforcement from holding someone pursuant to an Immigration and Customs Enforcement (ICE) detainer unless the individual in custody has been convicted of a violent crime; has been convicted of a felony in the past ten years; is a registered sex offender; is on the federal terrorist watch list; or is the subject of a criminal warrant. Advocates claim the measure will improve relations between police and immigrants who often fear that reporting crimes will result in deportation. According to federal statistics, nearly half of the 757 individuals deported from Boston and Suffolk County from 2008 through March 2014 had no criminal record. The act will also protect Boston from civil lawsuits challenging the constitutionality of detaining immigrants.  Boston’s Mayor believes the ordinance will uphold immigrants’ rights and preserve public safety, family unity, and due process, and has expressed his intent to sign the measure into law. Boston joins more than 200 municipalities across the country that have adopted anti-detainer measures.  

 

Maricopa County Agrees to Stop “Self-Smuggling” Prosecutions Under Arizona Law

 In late July, Maricopa County agreed to settle a lawsuit challenging its controversial policy of prosecuting undocumented immigrants for the felony of conspiring to “smuggle themselves” into the United States. According to a 2005 law, it is a state crime to smuggle unauthorized immigrants into Arizona. While this law was passed to target human smugglers, Maricopa County was using it to also charge migrants – i.e. individuals who had paid to be smuggled into the country. Since 2006, the county convicted approximately 14,000 individuals of felony conspiracy to smuggle themselves. This conviction made them ineligible to legalize their immigration status and become lawful permanent residents in the future. Last year, a U.S. District Court in Phoenix found these prosecutions were an unconstitutional attempt by a state to regulate immigration, which is a federal matter. However, Maricopa County appealed the court’s ruling. Now, the Maricopa County Board of Supervisors has decided to end the litigation, pay $675,000 in attorneys’ fees to the plaintiffs, and cease the practice.

 

San Francisco and Alameda Counties Provide Free Representation to Immigrants Facing Deportation

 New York City was the first jurisdiction in the country to create a functioning public defender system for immigrants facing deportation. In June, the city announced that its municipally funded Immigrant Family Unity Project would guarantee legal representation to all detained immigrants in deportation proceedings. Recently, the public defender offices in San Francisco and Alameda counties have each hired an immigration lawyer to provide free representation to noncitizen public defender clients who face subsequent deportation proceedings. These immigration experts will also advise their fellow public defenders about the complicated intersection between criminal law and immigration law.  Both counties hope that this model will inspire other county public defender offices to develop similar programs which can play a critical role in ensuring due process for immigrants.  In the words of San Francisco Public Defender, Jeff Adachi, “Even a minor brush with the law can trigger devastating consequences for…families. This collateral damage is far worse than a jail sentence and includes losing the right to work, to support one's children and to stay in the country.”

 

New State-Level Data on DACA Applicants and Recipients

 It has been 2 years since the Obama Administration implemented the DACA program.  U.S. Citizenship and Immigration Services (USCIS) recently released statistics on the characteristics of DACA applicants and recipients, including the number of applicants and recipients and the application approval rates based on state and metropolitan area.  The Brookings Institute took a closer look at the metropolitan data. Finally, the Migration Policy Institute (MPI) issued a profile of DACA applicants containing the application rates in the 15 states with the highest number of DACA-eligible residents as well as an interactive map with detailed state profiles of the DACA-eligible population. 

 

This document was prepared in August 2014 for informational purposes only and is not intended as legal advice. For questions, please contact State & Local Advocacy Attorney Jen Riddle at jriddle@cliniclegal.org or (301) 565-4807.

What is the Status of Alabama’s Anti-Immigrant Legislation?

 
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After a series of legal battles, federal courts have blocked many of the harshest provisions of Alabama’s H.B. 56 and H.B. 658. Unfortunately, some parts of these laws remain in effect, including the following provisions:

  • Undocumented immigrants cannot enroll in public universities and colleges and are  not eligible for financial aid in Alabama.
  • People are required to prove they are in the United States legally in order to obtain or renew a driver’s license, register a vehicle, or obtain a business license, commercial license, or professional license.
  • All employers must use the E-Verify system to determine whether new hires are eligible to work in the U.S.
  • Law enforcement officers are required to check the immigration status of people arrested and booked into jail.
  • Undocumented immigrants convicted of violating a state law must be reported to Immigration and Customs Enforcement (ICE) and the Alabama Department of Homeland Security.
  • Law enforcement officers are required to check the immigration status of anyone they reasonably suspect is in the country without authorization. However, they cannot detain or hold someone, nor prolong detention, solely to check immigration status. 

As a result of court decisions, the following provisions of H.B. 56 and H.B. 658 have been amended.  Currently:

  • Proof of lawful status is not necessary to pay state or local taxes, register a mobile home, apply for a marriage license, rent housing, enforce contracts in court, or enroll children in elementary or secondary school.
  • It is not illegal to provide a ride or rent housing to an undocumented immigrant.
  • Attorneys do not need to report their clients’ immigration status to state or federal officials.
  • People in Alabama can hire and work as day laborers.
  • Passengers in cars are not required to answer questions about immigration status. Drivers may only be asked about their immigration status if they fail to present a valid driver’s license.
  • Law enforcement officers cannot stop someone for the sole purpose of checking his or her immigration status or prolong an individual’s detention any longer than the stop otherwise requires in order to check immigration status.

Some areas of the law remain in dispute. H.B. 658 required Alabama to post publically on its website a list of all undocumented immigrants who were detained for a state law violation and appeared in court.  Alabama state officials have said they do not currently have any plans to start maintaining such a list. However, a lawsuit is underway in federal district court challenging the legality of this mandate. The suit alleges that the list would facilitate private discrimination and violate the Supremacy and Due Process clauses of the Constitution. A federal judge in May denied the state’s motion to dismiss the lawsuit.

Finally, while it is not legal to deny children access to elementary or secondary education based on immigration status, there are reports that this may still be occurring in Alabama. The Southern Poverty Law Center notified Alabama’s state superintendent in May that school districts are still asking new students for birth certificates and social security numbers, without indicating that supplying such documentation is voluntary. The U.S. Departments of Justice and Education have recently issued guidance clarifying what documentation schools may ask for from parents.

 

 

 

 

This document was prepared in July 2014 by CLINIC Advocacy Intern Kelly Kidwell Hughes. It is for informational purposes only and is not intended as legal advice. For questions, please contact State & Local Advocacy Attorney Jen Riddle at jriddle@cliniclegal.org or (301) 565-4807. 

Where Is S.B. 1070 Now? (July 2014)

Back to Legal Challenges to Arizona's SB 1070

 

In a decision in June of 2012, the U.S. Supreme Court decided that three of the four contested provisions of Arizona’s controversial S.B. 1070  could not be upheld because they were pre-empted by federal immigration law.

Section 3 of the law required immigrants to carry papers proving they were legally allowed to be in the country. The Supreme Court said this provision was invalid because the federal government had already provided standards for when and how immigrants should receive and carry documentation. Additionally, Arizona’s law would have provided different penalties for failing to carry the correct paperwork, which conflicted with federal penalties.

The Court also struck down Section 5(c) which would have made it a state crime to apply for and hold a job without valid immigration papers. Once again, the Court said this provision conflicted with federal law by criminalizing something the federal government had explicitly chosen not to criminalize.

Finally, the Court struck down Section 6, which would have allowed a law enforcement officer to arrest someone without a warrant if the officer believed that person had done something that would justify deportation. The Supreme Court said only the federal government had the power to make decisions concerning deportability.

 

What is the Status of the “Show Me Your Papers” Provision?

The sole section of S.B. 1070 that the Supreme Court upheld in 2012 was the provision requiring police to determine the immigration status of someone arrested or detained when there is “reasonable suspicion” that the person is unlawfully present in the U.S. The Court said this section did not violate the constitution because nothing in federal immigration law prohibits state law enforcement officers from reporting the status of an immigrant to federal law enforcement officers. The Court also noted that the Arizona statute had language forbidding discrimination based on race or national origin. Although the Court ruled that the provision was not unconstitutional on its face, the Court left open the possibility that the provision could be challenged at a later time based on the way it is implemented or enforced.

At least one civil rights organization has filed a lawsuit based on implementation at the local level. As a result of a suit brought by the ACLU, officials in South Tucson signed a settlement to avoid litigating a racial profiling complaint. The settlement prohibits South Tucson police from detaining people for extended periods of time to determine immigration status, questioning crime witnesses or students about immigration status, and relying on lack of English fluency to assume someone is in the country unlawfully. The settlement also requires the police to participate in education on bias-free policing, check with a supervisor before making immigration-related inquiries, and articulate to police dispatch the reason for stopping a vehicle at the beginning of a traffic stop.

The ACLU has also sued local Arizona law enforcement officials for using racial profiling when carrying out law enforcement duties unrelated to immigration. A federal district judge ruled in 2013 that the sheriff’s office of Maricopa County was using racial profiling to target Latinos. Last October, the court issued a series of mandates including requiring a monitor to keep tabs on the sheriff’s department, increased training, audio and video recording of traffic stops, the creation of a community outreach plan, and a requirement that officers radio in the reason for stopping a vehicle before making contact with passengers.

CLINIC and its affiliates will continue to monitor incidents of racial profiling in Arizona and the implementation of S.B. 1070 throughout the state.

 

What about S.B. 1070’s Harboring Provision?

The harboring provision of S.B. 1070 was not a part of the 2012 Supreme Court case but has been the subject of a separate legal challenge. As a result of this lawsuit, the state of Arizona entered into an agreement with the U.S. Department of Justice to drop the harboring provision, which made it a misdemeanor to transport, conceal, harbor, or shield an undocumented immigrant. Arizona had already been barred from enforcing this provision by an injunction issued in federal district court and upheld by the Ninth Circuit Court of Appeals. The Supreme Court declined to get involved in the matter.   

Arizona agreed to end the legal battle and refrain from enforcing the harboring provision in a deal approved by a federal judge on June 9, 2014.  Harboring an unauthorized immigrant is still prohibited under the Immigration and Nationality Act.  However, the Arizona law would have made harboring a state crime as well. It would also have applied the law more expansively, and with different penalties, than the federal law.

 

Information about the federal harboring law is available on CLINIC’s website.

 

 

This document was prepared in July 2014 by CLINIC Advocacy Intern Kelly Kidwell Hughes. It is for informational purposes only and is not intended as legal advice. For questions, please contact State & Local Advocacy Attorney Jen Riddle at jriddle@cliniclegal.org or (301) 565-4807. 

 

Recent State & Local Immigration Developments (June 2014)

New York City Council Approves Municipal Identification Card Program

On June 26, the New York City Council voted 43-3 to create a municipal identification card for city residents. Starting in early 2015, the new “City ID” card will be available to all New Yorkers, regardless of immigration status, and will be recognized as proof of identity by all city agencies. New York’s municipal ID program will be the largest in the country and could benefit as many as 500,000 undocumented immigrants in addition to other vulnerable New Yorkers. The cards will empower holders to report crimes to the police, allow them to establish their identity to emergency medical responders, and enhance their access to essential services from opening bank accounts and obtaining loans to renting apartments, filling prescriptions, and picking up children from school. According to Mayor de Blasio, who is expected to sign the bill into law, "the municipal ID is more than just a card—it provides New Yorkers who are currently living in the shadows with dignity and peace of mind.” Similar programs are active in a handful of cities including New Haven, Los Angeles, and San Francisco. A recent Center for Popular Democracy report found that municipal ID cards “play a consistently positive role in empowering and protecting vulnerable communities” and result in practical benefits as well as carrying “symbolic importance in creating a sense of shared community and belonging for immigrants and other marginalized individuals.” If you are interested in advocating for municipal IDs in your county or city, please consult CLINIC’s talking points on why such programs are fundamentally fair, make our communities safer, promote community inclusiveness, and further Catholic social teaching as well as a list of ways in which ID cards will enhance individuals’ daily lives.

 

New York City Breaks New Ground by Funding Lawyers for All Detained Immigrant Facing Deportation

This month, the New York City Council allocated $4.9 million dollars to fund the New York Immigrant Family Unity Project. The program began as a pilot last year in two public defenders’ offices but the increased funding will guarantee that, starting in 2015, all of New York City’s poor detained immigrants have legal representation in their removal proceedings. The federal government does not provide immigrants facing deportation with free court-appointed attorneys, and those who are detained are even less likely to be represented by counsel and, as a result, more likely to be deported. According to Councilmember Carlos Menchaca, “New York City will become the first jurisdiction in the nation to have a functioning public defender system for immigrants facing deportation…[and] no family will have a loved one locked up and deported simply because they cannot afford a lawyer.” The project will fund representation for well over 1,300 immigrants, and advocates hope to eventually expand the project to cover all immigrants facing deportation in the state of New York. Proponents believe a state-wide project would save the government millions of dollars by reducing the length of adults’ stay in detention and the costs of foster care and health care for the U.S. citizen children of those deported, as well as savings to employers who have to replace workers who are detained and deported.

 

First of Its Kind State Citizenship Bill Introduced in New York Legislature

On June 16, days before the New York legislature adjourned for 2014, the New York Is Home Act (SB 7879/ A. 10129) was introduced.  The bill would grant “state citizenship” to an estimated 2.7 million non-citizens - both documented and undocumented - who have lived and paid taxes in New York for at least three years. Intended to promote fuller civic, economic, and political participation by immigrants, the bill would confer the right to vote in state and local elections and run for public office in addition to access to state Medicaid coverage, professional licensing, tuition assistance, and driver’s licenses. The responsibilities of state citizenship would include swearing to uphold the state's constitution and laws and committing to serve on a jury. Finally, the bill would limit state and local law enforcement officers’ participation in immigration enforcement by prohibiting them from honoring immigration detainers, restricting ICE’s access to state and local facilities such as courthouses, and limiting information sharing with the Department of Homeland Security without a criminal warrant. The bill’s sponsor, Senator Gustavo Rivera, says the bill is a direct response to the failure of Congress to pass federal immigration reform and he hopes it will start a conversation, both locally and nationally, about what changes can be made at the state level. The bill is expected to be re-introduced in 2015 and may serve as a model for other states seeking to pass pro-immigrant integration measures.

 

Courts Find Utah and Montana Immigration Enforcement Laws Unconstitutional

On June 20, a federal district court in Montana ruled that provisions of a law requiring state agencies to make immigration status determinations before they could grant certain state services were preempted by federal immigration law. Legislative Referendum No. 21 was approved in 2012 by more than 80% of Montana voters and would have required all Montana residents to prove their citizenship or legal immigration status before they could attend a public university, receive unemployment insurance benefits, obtain a professional license, work for a state agency, or receive services for crime victims or the physically disabled. The law permitted state agencies to determine whether or not a Montana resident was an “illegal alien” (the term used by the law) and required state employees to report unlawfully present non-citizens to the federal government. Since only authorized federal agents are permitted to determine someone’s immigration status, the court found this aspect to be an impermissible state regulation of immigration. While the court upheld the provision permitting state agencies to report an individual’s immigration status to ICE, it is believed that they will not do so since they are not permitted to make immigration status determinations in the first place. This law was initially proposed by the legislature, which subsequently referred it to the state’s voters instead.  The Montana Immigrant Justice Alliance attorney who filed the lawsuit hopes that Montana’s legislature and other state legislatures will learn “from this ruling that the state has no business enforcing federal immigration policy and needs to leave these issues to the federal government.”

On June 18, a federal judge in Utah struck down several sections of Utah’s 2011 immigration enforcement law, HB 497. Notably, the court found that federal law preempted the provision allowing warrantless arrests based on the suspicion that someone has violated his or her immigration status as well as the provision making it a state crime to harbor or transport an undocumented individual (including such activities as driving someone to church or to the store). The decision also clarified that people are not required to carry federal documents verifying their immigration status with them at all times. The district court upheld the “show me your papers” provision of Utah’s law that allows police to check the immigration status of those stopped for other lawful reasons. However, it imposed limits on how this section can be enforced. For example, Utah police may not prolong the detention of individuals during traffic stops or other types of stops solely to verify immigration status with federal officials.  Provisions similar to those struck down this month by the Utah court have already been halted in other states including Alabama, South Carolina, Georgia, and Indiana. According to an attorney for the plaintiffs, “[this] decision really is the last across the country to issue a stinging rebuke of the anti-immigration agenda.”

 

Maine Restricts Undocumented Immigrants’ Rights to State Welfare

On June 11, the Maine Department of Health and Human Services ("DHHS") announced a change in who will be eligible for welfare benefits under the state’s General Assistance program that helps low-income residents cover necessary living expenses. Under the previous rules, an applicant was only required to demonstrate need, without verifying his or her immigration status, in order to qualify for the municipally-administered benefits that are jointly funded by state and local taxes. Under the new policy, the state will cease its General Assistance funding for undocumented residents. Maine’s DHHS Commissioner claims the change in policy is required under 8 U.S.C. 1621(a), a federal law that prohibits states from providing certain public benefits to non-citizens without lawful status unless the state has adopted a law affirmatively providing for the provision of such benefits.  According to the Commissioner, Maine does not have such a statute. Among opponents to the recent policy change are Maine’s Attorney General who objected to an earlier and broader proposal to deny General Assistance not only to undocumented immigrants but also to those with lawful status including asylum seekers and asylees. According to the Attorney General’s legal opinion, the proposal would violate the equal protection clause of the U.S. and state constitutions and requires approval by the Maine legislature. She warned, “You can’t make every town in Maine a mini immigration office.” The recent change in policy may affect an estimated 1,000 Maine residents.    

 

Judge Dismisses DACA Grantees’ Lawsuit Seeking In-State Tuition in Georgia

A superior court judge dismissed the lawsuit brought against the Georgia Board of Regents by 39 DACA grantees last year seeking eligibility for in-state tuition at public universities.  According to the board’s policy, non-citizens with “lawful presence” qualify for in-state tuition rates, yet students with DACA have been denied. The plaintiffs argued that this language covers DACA recipients who are recognized as lawfully present by the federal government. According to the court, the case must be dismissed under the concept of sovereign immunity which prevents the state from being sued for “declaratory relief” (a legal term for a judge’s determination of the parties’ legal rights). The DACA students plan to appeal and are also considering filing a new lawsuit in federal court alleging a violation of the equal protection clause of the U.S. Constitution.

 

U.S. Citizen Challenges Tuition Policy of South Carolina Commission on Higher Education 

On June 10, a South Carolina student filed a lawsuit in federal district court challenging the state Commission on Higher Education’s policy that denies U.S. citizens with undocumented parents eligibility for financial aid and in-state tuition. The plaintiff, a U.S. citizen and long-time South Carolina resident, was denied financial aid and in-state tuition because, as a dependent of undocumented parents who are not considered to be state residents, she is also considered a “non-resident” under the commission’s policy. The lawsuit alleges that the student has been denied equal protection and due process under the Fourteenth Amendment of the U.S. Constitution. 

 

New Report Examines States’ Role in Implementing Immigration Reform

The Pew Charitable Trusts recently released a report exploring the critical role that states and localities would play if Congress were to pass immigration reform with a legalization component. Among the state and local governments’ responsibilities in implementing legalization and integrating its beneficiaries are conducting outreach and public education, providing documentation needed to meet the eligibility requirements of the program, offering English language and civics education, and protecting immigrants from fraudulent legal service providers.  The report also provides data and a map of the growth and size of the unauthorized immigrant population across the 50 states.

 

Massachusetts Legislature Declines to Pass Driver’s License Law for Undocumented Residents

On June 23, the Massachusetts legislature voted to send the “Safe Driving Bill” (HR 3285) to study rather than proceeding to approve the legislation.  The bill would have made driver's licenses available to undocumented residents by removing the requirement that applicants present a Social Security number.  Advocates are committed to reviving the bill during next legislative session. Click here for information about the 11 states that have passed laws permitting undocumented drivers to apply for licenses. 

 

Florida Governor Signs Bills on Tuition Equity and Law Licenses into Law

This month Governor Rick Scott signed into law two pro-immigrant measures passed by the state legislature this session. HB 851 extends eligibility for in-state tuition at public universities and colleges to undocumented residents. Click here to listen to an interview with the Florida Conference of Catholic Bishops about advocating for passage of the new tuition equity law.  Governor Scott also signed HB 755, a bill that will permit DACA recipients who have been in the U.S. for over 10 years to practice law so long as they meet the other requirements for acquiring a law license in the state.  

 

 

This document was prepared in June 2014 for informational purposes only and is not intended as legal advice. For questions, please contact CLINIC’s State & Local Advocacy Attorney Jen Riddle at jriddle@cliniclegal.org or (301) 565-4807.

Recent State & Local Immigration Developments (Apr 2013)

Philadelphia, Baltimore, and the Majority of Counties in Oregon Limit Local Police Involvement in Enforcing Immigration Laws

The list of localities that have adopted ICE detainer policies that enhance public safety and build trust between immigrant communities and police continues to grow. On April 16, the Mayor of Philadelphia signed an Executive Order restricting when city police will detain individuals to hand over to ICE for immigration enforcement. Philadelphia’s policy has been called “one of the most progressive in the country.” It prevents police from honoring an immigration detainer request unless the individual has been convicted of a violent felony and ICE has obtained a judicial warrant based on probable cause. This policy comes on the heels of last month’s Third Circuit Court of Appeals decision, holding that ICE detainers are merely requests and state and local law enforcement are not required to honor them.  

Under an April 18 policy, the Baltimore City Detention Center will only hold individuals for possible deportation by ICE when they have been charged with or convicted of a felony, three misdemeanors, or a “serious” misdemeanor.  In announcing the change, Maryland’s Governor O’Malley stressed the need to limit compliance with ICE detainers to cases where there is an actual public safety threat rather than separating families simply because Congress is unwilling to “reach a reasonable compromise on comprehensive immigration reform.” 

Finally, 23 of Oregon’s 36 counties have ceased honoring ICE detainers. These policies followed a federal court decision finding that Clackamas County sheriffs violated the Fourth Amendment rights of an Oregon immigrant they continued to hold for 19 hours after her state charges were resolved and she was eligible for release. The federal court agreed that immigration detainers are only requests and the mere existence of a detainer did not constitute probable cause permitting the County to continue to detain this individual. This ruling clarified that honoring ICE detainers may result in constitutional violations. Fears of legal liability may spur other cities and counties to adopt detainer policies such as those recently announced in Oregon, Baltimore, and Philadelphia. 

Click here for a comprehensive list of the states and localities that to date have limited compliance with immigration detainers and here for Talking Points on Why States Should Separate Local Policing From Immigration Enforcement.

 

Harboring Provision of Arizona’s SB 1070 Will Remain Blocked

On April 21, the U.S. Supreme Court declined to hear the appeal brought by the state of Arizona in Arizona v. Valle del Sol, Inc. This case involved the provision of SB 1070 that would have made it a state crime to encourage unauthorized immigrants to enter Arizona or to harbor or transport them within the state. Both the district court and the 9th Circuit Court of Appeals had prevented the provision from going into effect after finding that it was preempted by the federal law against harboring (8 U.S.C. §1324). The Supreme Court’s refusal to intervene is a relief for the parishes, teachers, social workers, and others who work regularly with immigrant communities in Arizona and may provide shelter or rides to many of its estimated 400,000 undocumented residents.   

 

Which Ten States Have the Largest Populations of Unauthorized Immigrants (According to DHS)?

The Department of Homeland Security (DHS) recently released statistics on the estimated number of unauthorized immigrants residing in the United States as of January 2012. According to the report, the total number of undocumented individuals in the country was 11.4 million. DHS also published the following estimates for the 10 states with the highest numbers of undocumented residents:

  1. California (2,820,000)
  2. Texas (1,830,000)
  3. Florida (730,000)
  4. New York (580,000)
  5. Illinois (540,000)
  6. New Jersey (430,000)
  7. Georgia (400,000)
  8. North Carolina (360,000)
  9. Arizona (350,000)
  10. Washington (270,000)

Virginia Attorney General Extends In-State Tuition Eligibility to DACA Recipients

 On April 29, the Attorney General of Virginia announced that young Virginians who were brought to the U.S. as children and have been recognized under the Deferred Action for Childhood Arrivals (DACA) program would no longer be treated as “international students” for college tuition purposes. Moving forward, these students may legally establish Virginia domicile and will be eligible for in-state tuition rates at Virginia’s public colleges and universities. State legislators in Virginia have introduced tuition equity bills for several years but such proposals have been unable to pass. Last year, a group of DACA recipients, who pay out-of-state tuition rates of 230% to 245% more than in-state rates at the Virginia community colleges, filed a lawsuit against the State Council of Higher Education. The change in Virginia tuition policy is being celebrated by the student plaintiffs. According to the Legal Aid Justice Center, which represented them in the legal challenge, “we continue to fight on the federal level for a path to full citizenship for these Virginia students and their families.” 

 


 

 

This document was prepared in April 2014 for informational purposes only and is not intended as legal advice. For questions, please contact CLINIC’s State & Local Advocacy Attorney Jen Riddle at jriddle@cliniclegal.org or (301) 565-4807.

Recent Immigration Developments from the States (Mar 2014)

Supreme Court Leaves Lower Court Decisions on Anti-Immigrant Housing Regulations Intact

On March 3, the U.S. Supreme Court declined to hear appeals brought by the towns of Hazelton, Pennsylvania and Farmers Branch, Texas related to their anti-immigrant housing ordinances. As a result, the decisions of the 3rd and 5th Circuit Courts of Appeals, finding that the housing ordinances were unconstitutionally preempted by federal immigration law, remain intact. Both ordinances would have required prospective tenants to prove their lawful presence in the United States and obtain a rental license before being permitted to rent an apartment. At this time, the only discriminatory housing ordinance that has withstood legal challenge is the policy that will go into effect on April 10 in Fremont, Nebraska. The 8th Circuit Court of Appeals upheld Fremont’s anti-immigrant rental ordinance last year and a majority of the town’s residents voted last month to keep the law. Fortunately, other localities across the country, including Omaha and Lincoln, Nebraska, are choosing instead to embrace and integrate immigrants into their communities and economies through a number of welcoming initiatives.        

 

Legal Settlement Blocks Key Sections of South Carolina’s 2011 Anti-Immigrant Law

Following in the steps of Arizona, Alabama, and Georgia, South Carolina is the latest state to limit enforcement of its harsh anti-immigrant law. The state has agreed to a settlement in legal challenges to key provisions of SB 20 that sought to criminalize undocumented immigrants and drive them out of the state. Once the settlement with civil rights organizations and the U.S. Department of Justice is approved by the federal court, it will limit how the state can enforce the law’s controversial “show me your papers” provisions which permit local police to request immigration status documents from individuals stopped or detained for other lawful reasons.  The South Carolina Attorney General issued a formal opinion clarifying that law enforcement agents cannot continue to hold people to investigate their immigration status after the original reason for stopping or detaining them has been resolved. The pending settlement will also permanently block the section of the law that makes it a state misdemeanor to fail to carry immigration documents. Finally, the settlement will permanently enjoin the provisions making it a state felony to engage in such routine interactions with undocumented immigrants as driving them to church or renting them a room. Similar provisions criminalizing transporting and harboring have also been blocked in Alabama and Georgia. 

 

Tuition Equity Bill Advances in Florida Legislature While Financial Aid Bill Is Defeated in New York

On March 20, the Florida House voted to approve HB 851 that would permit undocumented residents to pay in-state tuition at state universities. All eyes now turn to the state Senate where the Judiciary Committee recently approved a similar proposal (SB 1400) that must eventually clear the Senate as a whole.  Reports indicate that Governor Scott would sign the tuition equity bill, if passed by the legislature. If Florida does enact this legislation, it would become the 20th state with a law or policy extending in-state tuition to undocumented residents.  Only four of these states (California, New Mexico, Texas, and Washington) also permit undocumented students to qualify for state financial aid. New York, which has offered in-state tuition to undocumented residents since 2002, was considering a bill enabling undocumented students to qualify for state financial aid, but the legislation was defeated by the state Senate on March 17.  Click here for CLINIC’s Talking Points on Why States Should Offer In-State Tuition to All Residents.

 

Massachusetts May Become Third State to Decline to Hold Individuals for ICE

Massachusetts’ SB 1135, an Act to restore community trust in Massachusetts law enforcement, passed out of the Joint Public Safety Committee on March 19. This legislation would limit the use of scarce state and local law enforcement resources to do the federal government’s job of enforcing immigration laws. Specifically, Massachusetts law enforcement would only be able to hold someone under an ICE detainer when the individual is over 18, has been convicted of a certain felony, and has either been ordered removed or charged with being removable, and when ICE has agreed to reimburse the law enforcement agency for all associated costs. Recent ICE statistics show that an alarming percentage of individuals deported from Massachusetts as a result of federal partnerships with local law enforcement had no criminal convictions or had only been charged with minor offenses. According to the bill’s sponsor, it will limit “unjust, unnecessary, and unsafe federal deportation programs, therefore restoring the trust between immigrant communities and police, and increasing the public safety for all residents in Massachusetts.”  While the Maryland legislature had been considering similar legislation this session (HB 29/SB554), the Maryland Law Enforcement Trust Act failed to move out of the necessary House and Senate committees.

 

This document was prepared in March 2014 for informational purposes only and is not intended as legal advice. For questions, please contact CLINIC’s State & Local Advocacy Attorney Jen Riddle at jriddle@cliniclegal.org or (301) 565-4807.

 

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