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Tide Turning Against Authors of Restrictive Immigration Measures
Over the last few weeks, the media has slowly picked up on the tepid response state legislatures have given to copycat immigration enforcement measures, noting the gradual cooling of enthusiasm and support for these highly divisive measures. Lawmakers, under pressure from business groups, have already shot down enforcement measures in Arizona, Colorado, Iowa, Kentucky, Nebraska, […]
Read MoreConstitutional Citizenship: A Legislative History
Attacks against the Citizenship Clause of the 14th Amendment have picked up in recent months, with legislators at both the national and state levels introducing bills that would deny U.S. citizenship or “state citizenship” to the children born to unauthorized immigrants in the U.S.
There are two strands of attacks on birthright citizenship. One strand arises out of simple nativist anger at the impact of immigrants, legal or otherwise, on society. The other argues that the current interpretation of the Citizenship Clause as covering the children of “illegal” immigrants is inconsistent with the “original intent” of the Framers of the 14th Amendment. Originalism is often used as a method to clarify unclear portions of constitutional text or to fill contextual gaps in the document. This is not, however, how originalism is being used in the context to the Citizenship Clause. Here, originalists use clever arguments and partial quotations to eradicate the actual text of the Amendment. In essence, they claim the Framers did not really mean what they said.
State Legislators Continue to Throw Restrictive Immigration Measures Overboard
Throughout the months-long debate over restrictive immigration measures, many state lawmakers have considered the fiscal and political impacts and decided to throw them overboard. This week was no different as opposition to costly enforcement legislation continued. A tough immigration bill was likely killed in Kansas this week after the House refused to move the bill […]
Read MoreBusinesses Warn State Lawmakers That Immigration Legislation Will Break the Bank
As many state legislative sessions come to a close, lawmakers are giving serious thought about proceeding with restrictive immigration legislation. Legislators in some states (Colorado, Iowa, Kentucky, Nebraska, New Hampshire, South Dakota, Virginia, Wyoming, and most recently, Arizona) have canned restrictive enforcement legislation due to prohibitive costs and push back from business and community groups […]
Read MoreUtah Governor Signs Series of Controversial Immigration Bills
Utah Governor Gary Herbert signed a package of controversial immigration bills today in the Utah’s state capitol. The measures include a series of immigration bills passed by Utah’s legislature last week, including HB 497 (a revised SB1070-inspired immigration-enforcement bill), HB 116 (which creates a guest worker program through federal waivers) and HB 466 (which sets […]
Read MoreStates Legislators Attempt to Reframe Enforcement-Only Approach to Immigration
Heading into legislative sessions this year, many state lawmakers seemed to be on a collision course with enforcement-only immigration proposals. This week, however, legislators in Utah at least attempted to look beyond the narrow scope of enforcement to proposals that aimed at a more balanced immigration debate. States like Nebraska and Kentucky also attempted to […]
Read MoreUtah’s Immigration Solution Not a National Model
Washington D.C. – Late Friday night, the Utah Legislature passed three immigration-related bills that await Governor Herbert’s signature or veto. Utah’s policy discussions were guided by the principles of a much-lauded Utah Compact, which brought together leaders from political parties, business, labor, and faith-based organizations for a thoughtful dialogue about immigration policy. The Compact was […]
Read MoreIs Utah’s “Immigration Solution” All It’s Cracked Up To Be?
Late Friday night, the Utah Legislature passed three immigration-related bills that now go to the Governor for his signature or veto in the coming week. While some may be quick to celebrate Utah’s unique approach to immigration, others are left wondering whether these bills are all they’re cracked up to be. The first measure (HB […]
Read MoreStates Playing with Enforcement-Only Fire Likely to Get Burned
The steady drumbeat of protest continued this week in states considering restrictive immigration measures. Indiana, for example, got a taste of forthcoming economic backlash when two organizations threatened to pull conventions from the state if enforcement legislation passed—a costly lesson Arizona knows well. Legislators in other states considering similar measures—Nebraska, Michigan, Arizona and Alabama—also heard […]
Read MoreThe Wrong Side of History: Why the Anti-Immigrant Movement Will Always Lose
The anti-immigrant movement’s current motto could be “Desperate times call for desperate measures.” As evidence mounts that the demographic makeup of the country is changing, the current crop of immigration restrictionists know that they are gradually losing their committed base. Thus, they are pulling out every trick in the book to motivate that base to […]
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