State and Local
Out of Legal Options, Alabama Files Petition at Supreme Court
Nearly five months ago, a federal appeals court in Atlanta issued a set of opinions that invalidated numerous provisions of Alabama HB 56, the most pernicious state immigration law in the country. After Alabama asked the full court to reconsider its rulings, the active judges unanimously rejected its request. Out of other legal options, the state filed a petition with the Supreme Court on Wednesday seeking to revive some (though not all) of the invalidated provisions. While the odds remain small that the Justices will take up the case, granting the petition could set up another legal showdown similar to the case over Arizona SB 1070. Read More
Illinois Legislature Votes to License all Drivers in the State
On Tuesday, the Illinois legislature passed a bill to allow state residents without legal status to obtain a three-year renewable driver’s license. The law will create tens if not hundreds of thousands of newly licensed drivers. The bill, which awaits the Governor’s promised signature, will make Illinois the third state after New Mexico and Washington to allow unauthorized immigrants to obtain driver’s licenses. (Utah allows undocumented immigrants to apply for driving privilege cards.) Read More
Colorado Digs Itself Into a Fiscal Hole in the Name of Immigration Enforcement
At a time when state budget deficits are growing larger, you might think that state governments would avoid imposing costly, unfunded mandates on themselves. Yet that is exactly what states are doing when they pass laws that transform their police officers into proxy immigration agents. As officers spend more of their scarce resources and time rounding up people whom they suspect of being unauthorized immigrants, costs mount not only for the police force, but for jails and courts as well. More often than not, these costs are being needlessly incurred in order to lock up people who are in no way a threat to public safety. Read More
Guidance on ICE Detainers Sends Ripples Through California
Every year, local law enforcement agencies receive thousands of requests from U.S. Immigration and Customs Enforcement (ICE) to keep individuals in custody—even after they are entitled to release—while federal officers determine whether to initiate removal proceedings. Last Tuesday, California Attorney General Kamala Harris issued simple but groundbreaking guidance to all law enforcement agencies in the state, clarifying that they have no legal obligation to honor so-called immigration “detainers.” Although Harris’ guidance was consistent with existing policies in numerous California counties, it has prompted other state law enforcement officials to publicly reconsider their willingness to cooperate with ICE. Read More
Will the Third Time Be the Charm for the TRUST Act in California?
For the third time in three years, lawmakers in California will seek passage of the TRUST Act, a so-called “anti-Arizona” bill that would limit the ability of local authorities to honor requests from immigration authorities to continue detaining individuals on behalf of the federal government. Although Gov. Jerry Brown vetoed a similar version of the bill in September, supporters hope the third time for the bill will be the charm. Read More
Arizona Faces Lawsuit over DACA Driver’s License Policy
Less than six months after it received a stinging rebuke from the Supreme Court, Arizona today was hit with another major lawsuit over its punitive immigration policies—this time challenging its practice of denying driver’s licenses to beneficiaries of the Deferred Action for Childhood Arrivals (DACA) program. Filed in federal court in Phoenix, the class-action suit challenges an executive order issued by Gov. Jan Brewer making DACA recipients ineligible for all public benefits. Although the suit is limited to Arizona’s policy, the outcome could affect DACA recipients’ ability to obtain driver’s licenses in other states as well. Read More
Kris Kobach Continues Digging Immigration Hole
Despite a general consensus that adopting “self-deportation” as immigration policy helped sink Mitt Romney’s White House aspirations, the architect of this philosophy, Kansas Secretary of State Kris Kobach, isn’t ready to give in. Kobach doesn’t seem to care that most in his party have awakened to the fact that they are in a “death spiral” with Latino voters because of intolerant rhetoric around immigration. Nor does he seem fazed that dozens of young DREAM activists in his state protested at his office last week, demanding his resignation. Read More
Understanding the Important Symbolism of the Maryland DREAM Act Victory
While much of last week’s energy was focused on Latino voter turnout in the Presidential race— and the subsequent recognition that immigration reform was all but inevitable—there was another major victory for immigration policy that came out of Maryland. Voters in the state supported through referendum their legislature’s decision to provide in-state tuition to undocumented students. This was the first vote of its kind in the nation and one where African-American voters were an important voting bloc in support of the measure. Read More
Immigrants Play Key Role in Virginia’s Economy
Recent state-level immigration battles are often characterized by a great deal of negative attention and not enough positive information about immigrants living in those states. Unfounded claims about the costs of immigration overlook the benefits and contributions immigrants make to American communities. Fortunately, some organizations are dedicated to pushing back on the negativity and publishing accurate data about the role immigrants play in state economies. Read More
Los Angeles County Faces Sweeping Suit Over ICE Detainers
Under the Constitution, it has long been established that the government needs “probable cause” to hold an individual in custody, and that people granted bail must be released once it is paid. In a class-action lawsuit filed last Friday by numerous immigrants’ rights groups, Los Angeles County and Sheriff Lee Baca stand accused of flouting both principles by holding inmates for weeks at a time solely at the request of U.S. Immigration and Customs Enforcement (ICE). Read More
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