State and Local Immigration Laws: Recap of 2013 and ... · PDF fileState and Local Immigration...

State and Local Immigration Laws:

Recap of 2013 and Outlook for 2014

November 22, 2013

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• Tanya Broder, Senior Staff Attorney, National

Immigration Law Center (NILC)

• Ana María Rivera Forastieri, Legal and Policy

Analyst, Junta for Progressive Action

• Jen Riddle, Advocacy Attorney, Catholic Legal

Immigration Network, Inc. (CLINIC)

• Holly Johnson, Director, Tennessee Office for

Refugees

Our Presenters

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• Overview of pro-immigrant laws passed by states

in 2013 and outlook for 2014

• Advocating for pro-immigrant legislation – the

Connecticut TRUST Act

• Overview of 2013 anti-immigrant state laws and

prospects for 2014

• Advocating against anti-immigrant laws –

Tennessee Bill Seeking Reimbursement for the

Cost of Resettling Refugees

Our Agenda

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Inclusive Immigrant Policies Advanced Dramatically in 2013

8 states, DC & PR granted driver’s licenses to undocumented immigrants

5 states expanded access to education for immigrant students

3 states & several localities adopted measures aimed at building trust between local law enforcement and immigrant communities

2 states enacted a domestic worker’s bill of rights

California enacted measures addressing these and several other issues

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California!

TRUST

Driver’s Licenses

Workers’ Rights (domestic workers, anti-

retaliation bills)

Law Licenses

Health Care

Education

Poll Workers, Access to Crime Reports

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What Changed?

Nov. 2012 election results, with increased Latino and Asian civic participation

Grassroots efforts

Bipartisan support and Republican sponsorship of education bills

States not only rejected enforcement measures, but began to move in a different direction

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Driver’s Licenses

Remarkable Shift: Eight states, DC & Puerto Rico enacted laws providing driver’s licenses regardless of status this year.

NM, WA, UT issue licenses or privilege cards to eligible drivers regardless of status. CA, CO, CT, DC, IL, MD, OR, PR, NV, and VT enacted laws this year.

Only AZ and NE deny driver’s licenses to DACA grantees with a work authorization document. Litigation is pending in both states.

40% of the nation’s foreign born population lives in a state that has enacted a law granting undocumented immigrants the right to drive – up from about 4% at the beginning of the year.

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WA

OR

CA

NV

ID

MT

WY

CO

UT

NM AZ

TX

OK

KS

NE

SD

ND MN

WI

IL

IA

MO

AR

LA

AL

TN

MI

PA

NY

VT

GA

FL

MS

KY

SC

NC

MD IN

DE OH

WV

NJ

MA

ME

RI

VA

N

H

MI

Current & Pending State Laws & Policies on Driver’s Licenses for Immigrants

November 2013

KEY

Enacted law: Access to driver’s license or card,

regardless of status (effective dates vary)

Driver’s license bill passed one house of legislature

Driver’s license bill was introduced this session

States that deny driver’s licenses to youth granted

DACA

Alaska

Hawaii

C

T

DC

PR

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Implementation & Monitoring

Documents, Verification, Translation

Markings on the license

Anti-discrimination and Confidentiality

Measuring benefits of licenses for all, and

potential harm flowing from a marked

license; Study bill in NC

Oregon Referendum

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Tuition Equity

Tuition equity policies allow students who attend a state’s high schools, graduate, and meet other criteria, to pay in-state tuition rates, regardless of their status.

At least 18 states have tuition equity laws or policies. 60% of foreign born live in states with tuition equity laws or policies

This year, tuition equity laws enacted in OR, CO, MN, with similar policies adopted by the University of HI and the University of MI. MN will offer institutional aid to eligible students regardless of their status. U. of HI also to offer aid.

Advocacy on in-state tuition for DACA grantees continues in other states

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Scholarships, Fee Waivers, and State Financial Aid

CA, TX, NM and HI offer state financial aid to eligible students regardless of status; CA, IL, MN offer institutional aid or private scholarships; Bills offering state financial aid or scholarships to students who meet certain criteria regardless of their status filed in CT, NJ, NY, WA.

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WA

OR

CA

NV

ID

MT

WY

CO

UT

NM AZ

TX

OK

KS

NE

SD

ND MN

WI

IL

IA

MO

AR

LA

AL

TN

MI

PA

NY

V

T

GA

FL

MS

KY

SC

NC

MD IN

DE OH

WV

NJ

CT MA

ME

RI

VA

NH MI

Current State Laws & Policies on Access to Higher Education for Immigrants

November 2013

Legend

States with tuition equity laws

States with tuition equity policies at major

institutions

States with tuition equity laws and

scholarships

States with tuition equity laws and state

financial aid

States that ban enrollment to

undocumented students

States where some college systems deny

enrollment

Alaska

Hawaii

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WA

OR

CA

NV

ID

MT

WY

COUT

NMAZ

TX

OK

KS

NE

SD

NDMN

WI

IL

IA

MO

AR

LA

AL

TN

MI

PA

NY

VT

GA

FL

MS

KY

SC

NC

MDOH DL

IN WV

NJ

CT

MA

ME

RI

VA

NH

AK

HI

PR

DC

KEY

Statedetainerpolicyenacted

Statedetainerpolicyproposed

Localdetainerpolicyenacted

Localdetainerpolicyproposed

Updated November 2013

State and Local Policies Limiting Detainers (“ICE Holds”)

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What’s Next?

Limited detainer policies at state and

local levels

State driver’s licenses and local IDs

Tuition equity, financial aid

Professional/commercial licenses?

Workers’ rights

Health care

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Inclusive Policies Advance Dramatically in the States: Immigrants’ Access to Drivers’ Licenses, Higher Education, Workers’ Rights, and Community Policing (NILC 2013) at http://www.nilc.org/pubs.html

NILC Toolkit: Improving Access to Postsecondary Education for Immigrant Students at http://www.nilc.org/eduaccesstoolkit.html

NILC Toolkit: Access to Driver’s Licenses at http://www.nilc.org/DLaccesstoolkit1.html#contents

The All-In-One Guide to Defeating ICE Hold Requests (a.k.a. Immigration Detainers) at http://www.nilc.org/document.html?id=673

Resources

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• Advocates and Governor pushed back on

Secure Communities causing a 5 month

delay.

• In February 2012, Secure Communities

went live in CT. Advocates quickly moved to

limit CT’s participation.

• In April 2012, the Department of Correction

announced protocols that would limit DOC

participation in the program.

The Connecticut Trust Act

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• The “Jose Maria Islas” Bill

The Connecticut Trust Act

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• What is the Trust Act? – An across the board limitation to CT’s participation in

the Secure Communities program. Applies to all law

enforcement agencies under all branches of

government.

– If ICE issues an immigration detainer, law

enforcement can only hold the individual under very

limited instances. Otherwise, he or she must be

released.

– Creates a coherent approach to dealing with

immigration detainers.

http://www.cga.ct.gov/2013/ACT/PA/2013PA-00155-

R00HB-06659-PA.htm

The Connecticut Trust Act

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• The Connecticut Immigrant Rights Alliance (CIRA) was

born.

– Impact of multiple sectors working together.

• Find a champion for your bill.

– State Representative Gary Holder-Winfield

• If you can, get support from the administration.

• Draft the bill

– How progressive did we want to start off?

– Know what points you’re willing to compromise.

• Set up a timeline

– This is probably the most important advice I can give

you!

The Connecticut Trust Act

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• Know your targets

– Different “elevator pitches,” different people.

– Anticipate tough questions, and answer them.

• Also, know that there are times when you will

not know the answer and make sure you

follow-up with legislators who posed the

question.

– Find a champion on the other side of the aisle.

• Rep. Rosa Rebimbas

• Show face, day-after-day.

The Connecticut Trust Act

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• Grassroots organizing

– Public hearing mobilization

– Phone and email efforts

– Gathering stories from all sectors to offer as

proof of overwhelming support for this piece

of legislation.

– Stump speech for the media

The Connecticut Trust Act

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The Connecticut Trust Act

Unanimous vote in the House and the Senate. Governor signed the

bill on July 19th, 2013.

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The Connecticut Trust Act

Victory for Jose Maria! The same day the Governor signed the bill,

Jose Maria was released from detention and we later learned ICE

granted his stay of removal application.

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• NO omnibus immigration enforcement laws

• Handful of states passed discrete measures

negatively impacting immigrants:

– State budgets (FL, NM, IL, GA)

– State licensing (NY)

– Access to employment and education (FL, UT)

– Access to healthcare and other state benefits (AR)

• Georgia Senate Bill 160

Notable Absence of Anti-Immigrant

State Laws in 2013

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Enacted April 24, 2013 and implemented July 1, 2013.

Amended Georgia’s 2011 House Bill 87 (requiring the verification of

immigration status for public benefits).

Specifically, SB 160:

• Removed foreign passports as acceptable identity documents to

obtain public benefits, unless accompanied by proof of lawful

presence.

• Added new items to the list of “public benefits” for which

citizenship and immigration status must be verified.

• Mandated the use of E-Verify by contractors and subcontractors

doing business with city, county and state government.

Effect: Undocumented immigrants cannot obtain driver’s licenses,

state grants and loans, public/assisted housing, and retirement

benefits.

Georgia Senate Bill 160

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• Hopes that Congress will pass

Comprehensive Immigration Reform

• Economic and other consequences

• Political lessons

• The unraveling of Arizona’s SB 1070 and

copycat laws

• Court decisions striking down other state and

local immigration measures

Why are anti-immigrant state

measures on the decline?

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Probably but….

• Omnibus enforcement bills are unlikely

• Anti-immigrant measures are likely to be narrow

and limited

• Passage or absence of Comprehensive

Immigration Reform may tempt state legislators

to resume negative immigration measures

• Risk of Congress passing the SAFE Act (H.R.

2278)

https://cliniclegal.org/programs/advocacy/state-and-local

Can We Expect Bad Bills in 2014?

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Holly Johnson

State Refugee Coordinator

WHAT is Going on in Tennessee?!

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October 2007: State of Tennessee notified

Office of Refugee Resettlement of its intent

to withdraw from administering the refugee

program

Small program in comparison to others in

the state

Administrative burden too great for the

dollars available

State Refugee Coordinator (SRC) just one

of many hats worn by state employee

running the program

Brief History

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January 2008: Catholic Charities selected

as the “Replacement Designee” in Tennessee

June 2008: Catholic Charities created the

Tennessee Office for Refugees and began

the administration of the statewide

program

October 2010: Tennessee became a

Wilson-Fish state

History, continued

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Refugee Absorptive Capacity Act (2011)

Driven by Tennessee’s Eagle Forum

Stated purpose was a reaction to

secondary migration in Shelbyville

Co-sponsored by new legislator

Revised version passed in May 2011

Legislation #1

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Reimbursing the State for Cost of Resettling

Refugees (2013)

Driven by Tennessee’s Eagle Forum

Two committee meetings

Sent to “Summer Study”

Legislation #2

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Joint Governmental Operations Legislative

Advisory Committee

•Looking at federal cost-shifting of refugee

resettlement

•Driven by Tennessee’s Eagle Forum and RRW blogger

•Commissioned independent study

•Rejected independent study

Latest Goings-on

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Bees like honey

Be a good witness

Think before you speak

Be honest

Provide information

Be aware of what is NOT being said – but

address what IS being said

Don’t underestimate the power of legislative staff

What did we do?

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Senate sponsors

House sponsors

Legislators are people; do your research

Experienced lobbyist

Network of supporting organizations

“Good Cop” vs. “Bad Cop”

Letter writing, email, and phone

campaigns

What helped?

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Better organized/coordinated approach

Uniform (or at least coordinated) message

Plan strategy in advance

Faster and more efficient use of social

media

Utilize all networks

Educate, educate, educate – all year long

What else should we do?

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Tennessee Legislature Website: http://www.capitol.tn.gov/

Refugee Absorptive Capacity Act:

http://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=HB1632&GA=107

Reimbursing the State for Cost of Resettling Refugees:

http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumb

er=HB1326

Joint Legislative Advisory Committee:

http://www.capitol.tn.gov/joint/committees/gov-

opps/LegAdv/legadv.html

Joint Legislative Advisory Committee Videos:

http://wapp.legislature.state.tn.us/apps/videowrapper/default.aspx?CommID=400005

Resources: Tennessee

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Questions?

3211 Fourth Street NE

Washington DC 20017

202-541-3000

www.justiceforimmigrants.org

8757 Georgia Ave., Suite 850

Silver Spring, MD 20910

301-565-4800

jriddle@cliniclegal.org

twitter.com/cliniclegal

facebook.com/cliniclegal