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State and Local Policies

Overview

Immigration law falls under federal code, so immigration enforcement falls under the federal government's domain. But several states and local municipalities have taken immigration enforcement into their own hands by passing legislation that prevents illegal aliens from accessing certain public benefits, i.e., in-state tuition rates and driver's licenses.

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Update

Rasmussen Poll Shows Americans Favor Stricter Local Immigration Enforcement

A Rasmussen Poll conducted in mid-March reveals that the majority of Americans do favor stricter enforcement of the nation's immigration laws. This comes after news that Homeland Security Secretary Janet Napolitano will review the current worksite enforcement program.

The poll shows that 67% of Americans would favor local police conducting surprise raids where immigrants congregate daily to find work. Only 24% disagree with the practice.

Results also reveal that 68% of Americans favor stricter sanctions against companies that hire undocumented workers. Only 22% oppose stricter sanctions.

More information on these polls can be found at Rasmussen Reports

  • Other polls conducted by Rasmussen show that 79% of voters think the United States should beef up its military presence on the Mexican border.
  • 73% of voters think police should automatically check a person's immigration status during traffic violations.

In the News

Utahns conflicted on in-state tuition for undocumented immigrants

In the News - Sunday, January 31, 2010

Utahns continue to be divided about whether the state should allow students who are undocumented immigrants but graduates of state high schools to pay in-state tuition.

A new Salt Lake Tribune poll found 47 percent of Utahns want to repeal a law granting such students in-state tuition. That's three percent higher than a 2008 poll, but the difference is within the polls' margin of error.

"Less than half the population are interested in repealing the law," said Theresa Martinez, assistant vice president for academic outreach at the University of Utah. "Even with all the negative antics, the rhetoric and reactionary response of those who want to crush the hopes of students, we still haven't had a substantial public opinion change."

By Sheena McFarland -- The Salt Lake Tribune

http://www.sltrib.com/utah/ci_14303016

Utah's Driving Privilege Card presents dilemma for illegal aliens and employers

In the News - Friday, January 1, 2010

As of January 1, 2010, Utah’s Driving Privilege Card (DPC) will only be issued to individuals who are not able to prove legal presence in the United States. This change makes the DPC a clear and unambiguous illegal alien identification card.

According to Michael Sanchez of the Utah Coalition on Illegal Immigration, “This may be the most important piece of illegal immigration legislation passed by the Utah state legislature to date. It makes it impossible for ranchers, dairy farmers, construction companies, janitorial services, and others who require employees to have drivers licenses to pretend that they don’t know that they are hiring illegal aliens. In fact, by they end of 2010 when all existing Driving Privilege Cards are replaced, any employer who is aware that an employee has a Driving Privilege Card will be knowingly hiring an illegal alien.”

By Ronald Mortensen -- Salt Lake City Examiner

http://www.examiner.com/x-32429-Salt-Lake-City-Immigration-Examiner~y2010m1d1-Utahs-Driving-Privilege-Card-presents-dilemma-for-illegal-aliens-and-employers

Bailing Out Illegals

In the News - Monday, July 13, 2009

Illegal aliens constitute about 7% of the state's population, or about 2.7 million, according to an April report by the Pew Hispanic Center. State officials say that they add about $4 billion to $6 billion in costs, primarily in the area of schools, prisons and jails, and emergency rooms. This is money the slightly less Golden State can scarcely afford.

For fiscal 2009-10, it's estimated that about $834 million will be spent to incarcerate 189,000 illegal immigrants in the state's prison system. In Los Angeles County alone, Supervisor Mike Antonovich says, illegal aliens add up to $550 million annually in criminal justice costs.

Investors.com

http://www.investors.com/NewsAndAnalysis/Article.aspx?id=481960

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

E-Verify vilified as California company fires 260 undocumented workers

In the News - Wednesday, June 17, 2009

Even though E-Verify has been postponed until September of this year, one California company heeded the government’s warning and put all their employees through the verification process.

A Vernon, California food processing and packaging company, Overhill Farms, Inc. fired 260 workers who had given the company fraudulent Social Security numbers. The company found in a recent Internal Revenue Services audit that approximately 260 employees’ social security numbers were invalid.

San Diego Examiner

http://www.examiner.com/x-10317-San-Diego-County-Political-Buzz-Examiner~y2009m6d17-EVerify-vilified-as-California-company-fires-260-undocumented-workers

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

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

3 California counties will check immigration status as inmates enter jail

In the News - Thursday, May 14, 2009

"Los Angeles, Ventura and San Diego will become the first counties in California to begin checking the immigration status of all inmates booked into jail as part of a national effort to identify and deport more illegal immigrants with criminal records.

Law enforcement officials in the three counties will begin running inmates' fingerprints through federal databases this month to see if they have had any contact with the immigration system. Immigration officials will place holds on those believed to be in the country illegally. Once the inmates have finished serving their sentences, they will be transferred to immigration custody for possible deportation...."

Anna Gorman, LA Times, 14 May 2009

http://www.latimes.com/news/local/la-me-immigjail14-2009may14,0,7781561.story