Immigration: A Foundation for Policy

WHERE ARE WE NOW? IMMIGRATION IN THE U.S.

1. Supremacy Clause of the U.S. Constitution
2. Immigration and Nationality Act of 1952: Collected and codified a variety of immigration provisions and reorganized the structure of immigration law.
3. The Immigration Reform and Control Act of 1986: The last major immigration overhaul in 1986 was intended to act as a “three-legged stool” for reform. The main provisions are:

a. Employer Sanctions for knowingly hiring individuals not authorized to work in the US or hiring individuals without verifying and documenting a person’s identity and eligibility to work in the US.

b. Increasing border security funding by 50%, with additional funding made available to remove criminal aliens.

c. Legalization of 2.7m residents through the general legalization process or through the Special Agricultural Worker Program (SAW). The general process required residents who had been in the States since Jan 1, 1982 to pay a $185 fee, and learn English and American civics in order to apply for legal status. Applicants through SAW had to have 60 days of agricultural work from May 1985 to May 1986 and had no language or civics requirements.

ARIZONA LEGISLATIONS: SB1070 and HB2162

SB1070 requires state and local law enforcement to enforce federal law. It requires that law enforcement attempt to determine the legal status of a person involved in a stop, arrest or detention, and also includes provisions related to trespassing, harboring and transporting illegal immigrants, employer sanctions and human smuggling.

HB2162 amends SB1070 by including provisions related to racial profiling, clarifying some language relating to when law enforcement can stop individuals, and reducing some penalties for not enforcing federal law.

Currently, seven challenges to the law have been filed, including one by the US. Department of Justice that seeks a permanent injunction of SB1070 on the grounds that SB1070 violates the Supremacy Clause and the Commerce Clause of the Constitution. Virginia, Michigan, Florida, Texas, South Carolina, Pennsylvania, Alabama, Nebraska and South Dakota have all filed amicus briefs in support of Arizona.

IMMIGRATION ISSUES IN TEXAS’ 82ND LEGISLATIVE SESSION

1. Voter ID: Would require a photo ID or two forms of other ID in order to vote. During the 81st session, Democrats did a Texas style “filibuster” to keep this from passing. It seems unlikely that they will have the political will to do that again, so advocates are encouraging a Signature Verification Bypass amendment that will allow voters without ID to sign a formal document that says they are who they claim to be.
2. Arizona style legislation: Reps. Berman (Tyler) and Riddle (Houston) will file legislation based on Arizona’s SB1070 that will include provisions to require state and local law enforcement to arrest illegal immigrants, require businesses to verify immigration status of their employees with eVerify and prohibit sanctuary cities.
3. eVerify: Sen. Patrick (Houston) will file legislation that requires businesses to use eVerify to check the immigration status of their employees.
4. Sanctuary cities: Rep. Berman and Sen. Patrick have said that they will file legislation that will prohibit sanctuary cities. Though there is no legal definition of a ‘sanctuary city,’ they are generally referred to as cities that do not enforce immigration law.
5. Surcharge on wire transfers: Rep. Berman will file a bill that will create an 8% surcharge on wire transfers from the US to Mexico. He estimates that this will bring in $420 million, which he will use to help fund state hospitals.
6. No automatic citizenship: Rep. Berman will file a bill that keeps children of illegal immigrants from automatically obtaining citizenship. Instead, they will be issued a certificate to take their consulate, which will then issue a birth certificate from their parent’s home country.

ECONOMIC IMPACT OF IMMIGRATION IN TEXAS

A 2006 report by then-Comptroller Carole Keeton Strayhorn analyzed the economic impact of immigration on Texas. The report found that the estimated 1.4 million illegal immigrants in Texas generated $17.7 billion in gross state product. They also produced $1.58 billion in state revenue, mostly from sales tax and other fees.

According to the report, illegal immigrants received $1.16 billion in state services. Local governments also spent an additional $1.44 billion in uncompensated health care costs and local law enforcement costs not paid for by the state.

To read the report, click here.