State and Local
Enforcing Your Way into the Red: Hazleton Could Learn an Expensive Immigration Lesson
Yet another locality learned the financial perils of passing an anti-immigrant law. Last Friday, a panel from the Third Circuit Court of Appeals upheld a district court decision to require the City of Hazelton, PA, to pay $2.4 million in legal fees to the Plaintiffs instead of their insurance carrier. The Plaintiffs (Pedro Lozano, Casa Dominicana of Hazleton Inc., Hazleton Hispanic Business Association and the Pennsylvania Statewide Latino Coalition) accumulated legal fees when they challenged the constitutionality of the Hazleton law—a law which would have fined landlords renting to undocumented immigrants, denied businesses permits if they employed undocumented immigrants, and had the town investigate the legal status of an employee or tenant upon request of any citizen, business, or organization. Read More
Arizona State Senator Russell Pearce Continues Immigration Crusade Despite Budget Crisis
A cog in the wheel of local enforcement legislation, Arizona state Senator and now Senate President-elect, Russell Pearce, predictably said he will continue his immigration crusade to repeal part of the 14th Amendment despite the looming state budget crisis. A recent article points out that Pearce, in the throes of last minute campaigning, pledged that he would make boosting Arizona’s flailing economy his number one priority instead of pushing yet another immigration bill. Not surprisingly, however, Pearce told reporters today that “he never promised the 14th Amendment bills wouldn’t be heard, only that he wouldn’t sponsor it.” Sound fishy? That’s because it is. Sponsor of Arizona’s controversial enforcement law SB1070, Pearce has a history of not only prioritizing immigration enforcement legislation, but accepting campaign contributions from the prison lobby who helped write it. Read More
Will the Fate of Arizona’s SB 1070 Hinge on the Law that Created the 287(g) Program?
It’s not every day that federal officials cite Section 287(g) of the Immigration and Nationality Act (INA) as a limit on—rather than an expansion of—the authority of local police to assist in immigration enforcement. But a veteran Justice Department attorney made just that point during arguments in a federal appeals court yesterday while defending an injunction against Arizona’s SB 1070. Read More
Finally, an Immigration Bill that Embraces Racial Profiling!
Florida State Representative William Snyder, a former police officer from Miami, drafted his own version of Arizona’s SB 1070 for the state—a bill has the potential to be even more offensive. The bill mimics SB 1070—allowing officers to stop persons based on a “reasonable suspicion” that they are undocumented in order to check their immigration status. As if that wasn’t bad enough, Rep. Synder’s bill actually goes a step further by providing a caveat that the person stopped will be presumed legal if they have a Canadian passport or a passport from a country which participates in our visa waiver program—the majority of which are Western European countries. Naturally, this caveat has groups enraged over the potential for racial profiling. Read More
Which State is Really Going to Be the Next Arizona?
Ever since SB1070 passed through the state legislature in Arizona, aspiring politicians and elected officials have jumped on the rhetorical bandwagon, promising similar legislation in their own states—no matter what the political or fiscal costs. No other state has actually passed copycat legislation, but many have made attempts and overtures towards that end. While observers are waiting to see how far states are willing to go in wrestling control over immigration away from the federal government and into their own hands, nothing will be certain until after next Tuesday’s election. It’s likely some are levying harsh immigration legislation purely as election-time talking points, but there are others who seem to have a bone to pick with immigrants and will likely stake their careers on the pursuit of “attrition through enforcement.” Read More
Which State is Really Going to Be the Next Arizona?
Ever since SB1070 passed through the state legislature in Arizona, aspiring politicians and elected officials have jumped on the rhetorical bandwagon, promising similar legislation in their own states—no matter what the political or fiscal costs. No other state has actually passed copycat legislation, but many have made attempts and overtures towards that end. While observers are waiting to see how far states are willing to go in wrestling control over immigration away from the federal government and into their own hands, nothing will be certain until after next Tuesday’s election. It’s likely some are levying harsh immigration legislation purely as election-time talking points, but there are others who seem to have a bone to pick with immigrants and will likely stake their careers on the pursuit of “attrition through enforcement.” Read More
Office of Inspector General (OIG) Finds 287(g) Program Still Riddled with Flaws
DHS’s Office of Inspector General (OIG) recently released an updated report on the Performance of 287(g) Agreements which provides the same dreary account of the program as the first one. The April 2010 OIG report found that ICE and its local law enforcement partners have not complied with the terms of their 287(g) Memoranda of Agreement (MOAs), that the standards by which deputized officers are evaluated are not in line with the stated objectives of the 287(g) program, that the program is poorly supervised by ICE, and that additional oversight is necessary. It included 33 recommendations to improve the program, 28 of which, the new report finds, still remain open. Read More
Georgia Board of Regents Attempts to Ban Undocumented Immigrants from University System
Last week, the Georgia Board of Regents decided to effectively ban undocumented students from attending 5 of the 61 Universities and Technical College Systems of Georgia starting in the fall of 2011 through a series of admissions provisions. Georgia becomes the second state (after South Carolina) to attempt to prevent undocumented students from attending its universities. This effort comes despite the fact that of the 310,000 students in the Georgia system, only 501 are undocumented—all of whom pay out of state tuition (which more than covers the cost of their instruction). Read More
Another Lawsuit Against Arizona’s SB1070 Moves Forward
U.S. District Court Judge Susan Bolton denied motions by Arizona Governor Jan Brewer, Maricopa County Sheriff Joe Arpaio, and Pinal County Sheriff Paul Babeu last week to dismiss a lawsuit filed by plaintiffs against Arizona law SB 1070. Counsel for the plaintiffs, which includes the American Civil Liberties Union (ACLU), the Mexican-American Legal Defense Fund, and the National Immigration Law Center, alleges that SB 1070 unlawfully attempts to regulate immigration and would result in widespread racial profiling. The lawsuit is one of seven originally filed against SB 1070. Read More
Supreme Court to Hear Two Cases Affecting Immigrants, Including a Case Challenging a Recent Anti-Immigrant Law
This week, the United States Supreme Court opened its October session. Among the cases it will hear is a challenge to a state law that sanctions employers for hiring unauthorized workers. This is the first case challenging the recent influx of state and local laws attempting to regulate immigrants and immigration and an opportunity for the Supreme Court to assert the federal government’s constitutional right to set immigration law. In the second immigration case, the Supreme Court must decide whether former citizenship law provisions—which imposed a five-year residency requirement for U.S. citizen fathers, but not mothers—violate equal protection. Read More
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