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State and Local Immigration Laws:
Recap of 2013 and Outlook for 2014
November 22, 2013
2
• 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
3
• 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
4
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
5
California!
TRUST
Driver’s Licenses
Workers’ Rights (domestic workers, anti-
retaliation bills)
Law Licenses
Health Care
Education
Poll Workers, Access to Crime Reports
6
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
7
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.
8
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
9
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
10
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
11
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.
12
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
13
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”)
14
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
15
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
16
• 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
17
• The “Jose Maria Islas” Bill
The Connecticut Trust Act
18
• 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
19
• 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
20
• 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
21
• 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
22
The Connecticut Trust Act
Unanimous vote in the House and the Senate. Governor signed the
bill on July 19th, 2013.
23
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.
24
• 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
25
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
26
• 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?
27
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?
28
Holly Johnson
State Refugee Coordinator
WHAT is Going on in Tennessee?!
29
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
30
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
31
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
32
Reimbursing the State for Cost of Resettling
Refugees (2013)
Driven by Tennessee’s Eagle Forum
Two committee meetings
Sent to “Summer Study”
Legislation #2
33
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
34
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?
35
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?
36
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?
37
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
38
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
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