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Social Science 2011-03-05 2 min read

States Consider Local Immigration Enforcement Measures

Even as court action as stalled enforcement of the Arizona immigration law, 15 other states have considered similar legislation.

March 05, 2011

Last summer, a federal district judge granted an injunction preventing enforcement of some parts of the controversial Arizona law authorizing local officials to demand proof of legal immigration status from anyone stopped for other violations. Even as the Arizona law sits unenforceable, other states are considering similar legislation.

At least 15 other states have introduced immigration-related bills resembling the Arizona law.

Pending State Immigration Legislation as the Arizona Case is Pending

The legislatures from the following states have formally introduced measures that would allow police to question the immigration status of anyone they suspect is in the country illegally:

In Colorado, the House is considering a permissive measure, while Florida's proposal takes it a step further by also proposing to increase penalties for crimes committed by illegal immigrants. Both the House and Senate in Mississippi have passed bills allowing police to check the immigration status of anyone who is stopped for a traffic violation; they are negotiating differences in the bills, which Gov. Haley Barbour has indicated he will sign into legislation.

South Carolina's Senate Judiciary Committee is considering a measure to allow police to check the immigration status of anyone who is stopped for any other violation. Georgia, Indiana, Kentucky, Maine, Maryland, and Utah have similar bills on the table that would allow for questioning of suspected unauthorized immigrants.

The Wyoming legislature was considering similar legislation but the bill was killed in a House committee.

Other states have formally introduced measures that would require police to question the immigration status of anyone they suspect is in the country illegally, including California and Colorado. In Nebraska, the Senate is considering a measure that would require all non-U.S. citizens to carry proof of their legal status. Bills have been introduced in Texas and Virginia that would require police to check the immigration status of anyone who is stopped for another violation.

Additionally, the Oregon House has before it a bill that would require all public officials to enforce immigration law or be held legally liable.

Heated Debate

Proponents of the law say that something has to be done to close the door on illegal immigrants prevent them from taking away jobs from U.S. citizens. However, some question whether local authorities can be empowered to enforce federal immigration law; others fear that enforcement will incentivize unconstitutional racial profiling. Those with questions should contact an experienced immigration attorney to determine how to protect their rights and their ability to remain in the U.S.

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