2009 State Laws Related to Immigrants and Immigration January 1 – December 31, 2009

The recent Arizona immigration law is part of a much larger trend in the United States.  Immigration remains on the backburner in Congress, but states continue forging ahead with record levels of immigrant-related legislation. As of November 20, 2009, state legislatures enacted 222 laws and adopted 131 resolutions in 48 states, for a total of 353 laws and resolutions nationwide. Of these, 20 were vetoed by governors. In 2009, approximately 1,500 bills were considered by all 50 state legislatures. No laws or resolutions were enacted in Alaska or Massachusetts relating to immigrants.

The top areas of interest in 2009 are identification/driver’s license with 46 laws enacted, followed by health (28) and education (27). In 2008, the top three areas were identification/driver’s licenses (30), employment (18) and education (12). Human trafficking laws tripled, and health and education laws doubled in 2009 compared to 2008.

The number of resolutions doubled from 64 to 131 compared to 2008. Most celebrate America’s ethnic heritage and others applaud immigrants or programs that serve refugees or immigrants. Twelve resolutions urge Congress to: support funding; expedite naturalizations; change requirements for enhanced driver’s licenses; promote travel to the United States; permanently extend e-verify; address delays at ports of entry on the Texas-Mexican border; and grant waivers for an employer sponsored work program.

Examples of laws under topics tracked in a report by the National Conference of State Legislatures:

Wisconsin became the 11th state to offer instate tuition to certain unauthorized immigrant students.

Illinois prohibits state and local government from requiring employers to use E-verify, while Hawaii authorizes sanctions for employers hiring unauthorized workers on public works projects.

Colorado, Connecticut and Minnesota extended health care to legal immigrant women and children under the new federal option.

Florida created a statewide task force and Rhode Island created an interagency task force on human trafficking.

Indiana provides for an extension of a driver’s license for a temporary immigrant serving in the armed forces.

In law enforcement, Utah grants the attorney general authority to administer and coordinate a multi-agency task force that combats violent crime and other major felonies related to illegal immigration.

Missouri appropriated funds for naturalization assistance for certain immigrants.

Three states (Georgia, Missouri and Nebraska) passed omnibus or multi-issue legislation laws addressing employment, law enforcement and verification of lawful presence for public benefits.

In public benefits, Oklahoma’s act relates to custody and guardianship of children, including unaccompanied refugee minors.

State laws related to immigration have increased dramatically in recent years:

In 2005, 300 bills were introduced; 38 laws were enacted and 6 vetoed. In 2006, activity doubled: 570 bills were introduced; 84 laws were enacted; and 6 vetoed. In 2007, activity tripled: 1,562 bills were introduced; 240 laws were enacted; and 12 vetoed. In 2008, 1,305 bills were considered; 206 were enacted; 3 were vetoed.

Summaries of all enacted laws and resolutions are available online.

KJ