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State / Local Policies

 

State and local police are badly needed to help overwhelmed federal immigration authorities apprehend and detain illegal aliens in the interior of our country. Illegal aliens currently outnumber federal immigration agents by 5,000 to one, and only 2,000 federal agents are active in enforcing the immigration laws in the interior of our country. Clearly, those numbers indicate that a limited number of federal agents are incapable of apprehending a majority of an estimated 12-20 million illegal aliens currently inside our nation's borders and would benefit from the assistance of the more than 600,000 state and local law enforcement officers nationwide who come into contact with illegal aliens every day. Many police officers routinely observe and even stop illegal aliens for violations of the law, however, those who arrest illegal aliens and proceed to contact federal immigration officials are all too often told to release the offenders unless a non-immigration offense is involved. This practice has commonly become known as "catch and release." Even more troublesome is the fact that some police officers are prohibited by state or local laws or policies from cooperating with federal officials, a tactic adopted by some state and local governments that favor ensuring the well-being of illegal aliens rather than protecting law abiding American citizens from unnecessary harm and the adverse effects of illegal immigration on their communities.

Map of States with In-State Tuition Laws

The Immigration Nationality Act of 1996 prohibits access to in-state tuition benefits by undocumented students (section 8 USC 1623) It reads “…an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State for any postsecondary education

The 287(g) Program: A Force Multiplier

The Section 287(g) program is a means by which state and local law enforcement agencies may cooperate with the Department of Homeland Security (DHS) to enforce our immigration laws.

Examples of Ordinances Passed by Cities and Counties

Chesapeake, Va. - On October 9, 2007, the City Council approved an ordinance (Chapter 54, Section 72.2) requiring contractors to certify that they do not and will not employ illegal aliens during the performance of a city contract.

In-State Tuition

Federal law states "an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State ...

The Need for State and Local Immigration Law Enforcement of Immigration Laws

State and local police are badly needed to help overwhelmed federal immigration authorities apprehend illegal aliens in the interior of our country.

State Governments Step Up to the Plate

According to the National Conference of State Legislatures (NCSL), lawmakers in 44 states introduced 1,106 pieces of immigration-related legislation between January 1 and March 31 of 2008. Click here for NCSL’s full study. Number of Enacted Bills Addressing Each Issue

Americans Oppose Rewards for Illegal Immigrants

Fifty-one percent of Southwest U.S. adults think that illegal aliens should not receive equal access to physical health care.

Sanctuary Cities

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In the News

Illegal immigrants netted by local police could be released

In the News - Tuesday, June 23, 2009

Some undocumented immigrants swept up on minor charges such as fishing without a license won’t face federal detention. Instead, they’ll be released on their own recognizance under an Obama administration directive to a Nashville, Tenn., sheriff who charged 6,000 people with immigration crimes over the past 2-1/2 years.

The “release on recognizance” order by Immigration and Customs Enforcement – a branch of the US Department of Homeland Security – could affect at least some of the 66 US law enforcement jurisdictions that are part of a controversial program which, in essence, deputizes local police to act as de facto immigration agents.

By Patrik Jonsson -- Christian Science Monitor

http://features.csmonitor.com/politics/2009/06/23/illegal-immigrants-netted-by-local-police-could-be-released/

Arizona Legislature Considers New Trespassing Laws Against Illegal Aliens

In the News - Monday, June 22, 2009

The Arizona state House is considering a proposal to criminalize illegal immigrants as trespassers if police have reasonable suspicion to check a person's immigration status and find it lacking.

The tough new proposal is already being challenged for its constitutionality. Opponents cite a 2005 ruling by a New Hampshire judge who dismissed trespassing charges against illegal immigrants, arguing police chiefs in two communities did not have the jurisdiction to apply state laws to a federal issue.

FoxNews.com

http://www.foxnews.com/politics/2009/06/22/arizona-legislature-considers-new-trespassing-laws-illegal-aliens/

Calif. Looks to Immigrant Inmates to Save Costs

In the News - Friday, June 19, 2009

With California slipping into a financial sinkhole, Gov. Arnold Schwarzenegger is proposing to save more than $180 million by cutting short the sentences of thousands of immigrants in the state's prisons and turning them over to federal authorities for deportation.

The idea faces certain hurdles -- for one thing, commuting some sentences will require court approval -- and immigration authorities warn that a mass release of inmates from California and other states could swamp the federal system, which is already at capacity.

Associated Press

http://www.nytimes.com/aponline/2009/06/19/us/AP-US-California-Freeing-Inmates.html?_r=1

Expansion of immigration enforcement could affect Prince William crackdown

In the News - Tuesday, June 16, 2009

A new immigration enforcement program from the federal government effectively could eliminate Prince William County’s crackdown on illegal immigrants, experts say.

Immigration and Customs Enforcement is planning to make the program, known as Secure Communities, available to all 1,200 of the country’s state and federal prisons and 3,100 local jails by the end of 2012.

By David Sherfinski -- Washington Examiner

http://www.washingtonexaminer.com/local/Expansion-of-immigration-enforcement-could-affect-Prince-William-crackdown-48200917.html

Ariz. Senate OKs bill on immigration enforcement

In the News - Monday, June 15, 2009

The Arizona Senate's approved a bill to enable state and local police officers to help enforce immigration laws and to make it a crime for illegal immigrants to be in the state.

The bill would prohibit state, county or local public officials from adopting policies that limit full enforcement of federal immigration law.

Republican Sen. Russell Pearce of Mesa says his bill would erase so-called "sanctuary policies" that restrain police involvement in some jurisdictions.

It also requires police to verify a person's immigration status if there's reasonable suspicion about someone's status.

The bill also would expand Arizona trespassing law to allow local authorities arrest people who sneak into the country illegally.

The Senate's 16-12 vote Monday sends the bill to the House.

KSWT.com

http://www.kswt.com/Global/story.asp?S=10535408&nav=menu613_2_6

San Francisco at Crossroads Over Immigration

In the News - Saturday, June 13, 2009

In the debate over illegal immigration, San Francisco has proudly played the role of liberal enclave, a so-called sanctuary city where local officials have refused to cooperate with enforcement of federal immigration law and undocumented residents have mostly lived without fear of consequence.

But over the last year, buffeted by several high-profile crimes by illegal immigrants and revelations of mismanagement of the city’s sanctuary policy, San Francisco has become less like its self-image and more like many other cities in the United States: deeply conflicted over how to cope with the fallout of illegal immigration.

By Jesse McKinley -- New York Times

http://www.nytimes.com/2009/06/13/us/13sanctuary.html?_r=1&ref=us&pagewanted=print

House Passes Bill Prohibiting Immigrant Sanctuary Cities

In the News - Friday, June 5, 2009

A bill that aims to curb illegal immigration by prohibiting local governments from enacting “sanctuary” ordinances, or policies that make it difficult for law enforcement and other local government employees to comply with federal immigration law, was approved in the state House on Friday morning.

Chattanoogan.com

http://www.chattanoogan.com/articles/article_152642.asp

Oakland to offer identification cards for illegal immigrants

In the News - Friday, June 5, 2009

Two years after reaffirming Oakland's status as a "sanctuary city," the City Council voted this week to create identification cards for illegal immigrants.

The city's program will be modeled after a similar one in San Francisco, which started giving out cards to illegal immigrants earlier this year.

Council members said the cards will give illegal immigrants easier access to city and business services, improve their civic participation and encourage them to report crimes to police. City leaders also anticipate that the cards will prompt more illegal immigrants to open bank accounts rather than keeping their earnings in cash and becoming targets for robbers.

By Anna Gorman - Los Angeles Times

http://www.latimes.com/news/local/la-me-idcard5-2009jun05,0,1333636.story

Feds spike voter citizenship checks in Georgia

In the News - Monday, June 1, 2009

The Justice Department has rejected Georgia's system of using Social Security numbers and driver's license data to check whether prospective voters are citizens, a process that was a subject of a federal lawsuit in the weeks leading up to November's election.

In a letter released on Monday, the Justice Department said the state's voter verification program is frequently inaccurate and has a "discriminatory effect" on minority voters. The decision means Georgia must halt the citizenship checks, although the state can still ask the Justice Department to reconsider, according to the letter and to the Georgia secretary of state's office.

By Shannon McCaffrey -- The Associated Press

http://www3.signonsandiego.com/stories/2009/jun/01/us-voting-checks-060109/

Maine House Opposes Real ID

In the News - Monday, June 1, 2009

The Maine House has agreed with the Senate to repeal a key portion of the anti-terrorism law known as Real ID.

After a debate Monday, representatives voted 85-57 to get rid of a part of the law that requires people to show legal presence in the United States in order to get a driver's license. Also repealed would be a requirement for further study into facial recognition technology.

The repeal bill faces final House and Senate votes. Gov. John Baldacci's administration opposes the bill, which was adopted under pressure from the federal government last year.

WMTW.com

http://www.wmtw.com/news/19622883/detail.html

Polls

Most Arizona Voters Put Immigration Over Health Care as More Important Reform Goal

Prefer Lower Numbers Oppose Amnesty Support Tougher Enforcement Oppose Rewards for Illegal Migration - Monday, July 27, 2009

Fifty-one percent of Arizona voters say it is more important for Congress to pass immigration reform than health care reform.

By a 65% to 20% margin, Arizona voters believe enforcing the borders is more important than legalizing the status of those already living here. Half of the state’s voters (50%) think it is possible to put an end to illegal immigration, while 34% do not.

Rasmussen Reports, 27 July 2009

http://www.rasmussenreports.com/public_content/politics/general_state_surveys/arizona/most_arizona_voters_put_immigration_over_health_care_as_more_important_reform_goal

Rasmussen Poll Shows 66% of Likely Voters Believe it is Important to Reduce Illegal Immigration

Oppose Amnesty Support Tougher Enforcement Oppose Rewards for Illegal Migration Opinion Elites vs. Public - Tuesday, April 14, 2009

A new Rasmussen poll shows that 66% of likely voters believe that the government should improve border enforcement and reduce illegal immigration.  However, only 32% of America's "Political Class" agree.

The poll also shows that 77% of likely voters believe that illegal aliens should not be able to receive driver's licenses and 73% of Americans believe that police officers should automatically check to see if someone is in this country legally when that person is pulled over for a traffic violation. 

Rasmussen Reports, 14 April 2009

http://www.rasmussenreports.com/public_content/politics/general_politics2/on_immigration_large_gap_remains_between_mainstream_america_and_political_class

Gannett Poll Finds NJ Residents Oppose Rewards for Illegal Aliens

Oppose Rewards for Illegal Migration - Tuesday, March 24, 2009

Sixty-two percent of state residents oppose granting illegal immigrants some type of limited driver's license, according to a Monmouth University/Gannett New Jersey poll.

Only 32 percent said children of illegal immigrants deserved in-state tuition rates, while 20 percent favored the lower rates for illegal immigrants themselves.

http://www.courierpostonline.com/article/20090324/NEWS01/903240343/1006/