Immigration reform has been postponed indefinitely. Lack of success at the federal level has forced state, county and city authorities to tackle this problem on their own.
A National Conference of State Legislatures (NCSL) report shows that from January to April this year, a record of 1,169 bills concerning immigrants were proposed in all 50 states. This is twice as much as the same figure for all of 2006, when 570 such bills were proposed. So far, 57 bills have been passed in 18 states (including New York), which is several times higher than the number passed last year.
Most of these legislative initiatives greatly limit the ability of immigrants to find work, receive public assistance, and get driver's licenses. Also, many of these bills expand the rights of police officers to allow them to question immigrants about their status.
There are 199 bills in 40 states that concern the hiring of illegal immigrants; 149 bills in 39 states that deal with benefits for immigrants; 129 bills in 30 states that address law enforcement measures to combat illegal immigration; and 105 bills in 30 states on educational opportunities for immigrants.
Additionally, immigration initiatives have been proposed for debate in 90 cities and counties. These bills mostly concern punishments for employers who hire illegal immigrants and the deputization of police officers as immigration agents.
Arizona Governor Janet Napolitano signed the strictest bill so far this year into law on the day before Independence Day. Experts believe that this law could have serious consequences not only for states in the West, but for the entire country.
This law makes provisions for harsh sanctions against employers. If illegal immigrants are discovered working at a company, the owner must fire them immediately and promise never to hire them again. If this violation is repeated, the company loses its license and is shut down.
Feelings of confusion and uncertainty reign among illegal immigrants in Arizona. Many of these immigrants plan to leave the state for other places where the laws are not so Draconian.
It’s hard to say what officials in Arizona were thinking, since many branches of the state’s economy, especially those that require heavy physical labor, employ a significant number of illegal immigrants. It will be virtually impossible to find replacements for them. The shortage of workers in Colorado, where since last year employers have been required to verify employees’ identities in a federal database, confirms this. The fine for hiring an illegal immigrant is $5,000 for the first infraction. Some business owners have decided not to risk it, but have lost workers as a result. To help these businesses, the state plans to have prisoners from local prisons help gather the harvest. Participation in this program is voluntary for the time being.
Many regions of the country have confronted employers who use the labor of illegal immigrants. Colorado, Tennessee and Pennsylvania have passed bills prohibiting signing contracts with or offering subsidies to companies whose owners employ illegal workers.
As far as the greater New York area is concerned, laws prohibiting the hiring of illegal immigrants have been introduced in local legislatures in New York, New Jersey and Connecticut. These bills, however, have little chance of becoming law.
Bills concerning benefits for new arrivals have a greater chance of becoming laws. A bill has been introduced in the New Jersey State Legislature that would provide medical benefits to legal immigrants. A New York bill would require that hospitals receiving government subsidies stop providing medical services to illegal immigrants.
Some proposals in the greater New York area are aimed at helping illegal immigrants. Legislators in New York and New Jersey hope to be able to allow them to pay in-state tuition rates. A legislative initiative introduced in the Connecticut legislature would also make it easier for illegal immigrants to receive an education.
Both the New York and New Jersey legislatures have approved resolutions calling on Congress to pass the DREAM Act, which would grant legal residency to the children of illegal immigrants who came to this country before they turned 16.
The New York City Council is currently considering the Equal Access to Housing Services Act, which requires that all documents produced by the Department of Housing, Preservation and Development (HPD) be translated into nine languages. The goal of this bill is to make it easier for both legal and illegal immigrants to access helpful information for tenants and to communicate with HPD representatives.
Experts warn, however, that the failure of the immigration bill in the Senate has strengthened the position of local politicians who have come out against illegal immigration. Kathleen Walker, president of the American Immigration Lawyers Association, believes that we can expect a new wave of bills stiffening sanctions against illegal immigrants and employers.
