U.S. Immigration Update: New State Laws

Without comprehensive immigration reform at the federal level, U.S. states legislatures are now placing greater emphasis on passage of immigration-related bills. In the first half of 2007, 182 such bills became law in 43 states.

Legislation touched on issues ranging from education to health and legal services. But the greatest number of laws were enacted in areas related to employment, identification documents and professional licenses, and public benefits. The AS/COA looks at each of these areas and provides a snapshot of new measures.

Across the country, access to public benefits is increasingly jeopardized by state legislatures looking to drive immigrants from their states. While the measures target undocumented immigrants, the reality today is that most immigrants belong to mixed-status families or community groups. So, new laws can indirectly reverberate throughout society. In total, 17 laws have been enacted in 13 states during the first half of the year.

Most new bills seek to limit health care benefits by requiring public officials to verify the citizenship or residency status of those seeking services. Idaho and Oklahoma are among the states that have enacted bills along these lines. In both cases, the legislation was modeled on Colorado’s HB 1023, one of the toughest immigration-focused laws in the country. HB 1023, passed in 2006, requires people who apply for non-emergency government benefits to sign an affidavit attesting to their legal immigration status and to show one of four types of identification. Workers must then verify immigration status with an online database. In Idaho, SB 1157 requires adults to verify lawful presence when seeking federal benefits, including items such as prenatal and postnatal care. Also signed into law this year, the Oklahoma Taxpayer and Citizen Protection Act of 2007 requires all state and local agencies to verify citizenship status of applicants before authorizing benefits.

In contrast to these punitive measures, certain state capitols are looking to ensure that public benefits continue to reach all members of their population. The new Maryland budget bill (HB 50) appropriates $5,000,000 in supplementary funding for medical assistance services to legal immigrants ineligible for the federal Medicaid program. While in California, SB 330 extends public benefits to migrant workers.

In a flurry of legislation, two-fifths of states have enacted 28 employment-related laws in the first half of 2007. One of the most widely debated topics of state-led immigration policy is the question of whether and how employment eligibility is verified. For example, Arkansas enacted HB 1024 (Act 157), which requires public contractors to certify that they do not “employ or contract with an illegal immigrant.” Two new state laws take different approaches to use of the Basic Pilot Program—a U.S. Citizenship and Immigration Services database used for validating employment documentation. Beginning next year in Arizona, employers must check the eligibility of job candidates through the Basic Pilot Program. In contrast, Illinois passed legislation to prohibit employers from using the program. Those who choose to use it are liable to be tried for civil rights violations.

New legislation targets the rights of those working in agriculture. In Kansas, through two new bills, documented alien agricultural workers may no longer receive coverage under the Kansas Employment Security Law. SB 83 goes on to disqualify such employees from receiving unemployment compensation. In Montana, a 2007-enacted bill removes alien agricultural labor from the definition of independent contractor services. This creates a different employment status from plumbers, electricians, landscapers, and others who may work independently. Through such provisions, the legal status and employment rights of alien agricultural workers are increasingly more ambiguous.

Identification Documents and Professional Licenses

The subject of much national debate, states legislatures are becoming increasingly active in regulating personal identification and professional licenses. In the first half of the year, 29 states enacted 38 such laws. In Illinois, a newly enacted bill now lists deportation as an option for aliens convicted of egregious motor-vehicle violations. While in Connecticut, foreign-born individuals can now receive legally valid birth certificates when they present authorized birth documentation from their home country. Side by side, these bills and others form a patchwork of often-conflicting legislation.

One of the most notable developments in 2007 is the number of states that now require U.S. citizenship or legal resident status for professional and personal licenses. At least four states—Indiana, Kentucky, Nebraska, and Rhode Island—updated statutes to include this provision. 

New requirements affect both high and low-skilled professions. Signed in May, the Nebraska Uniform Credentialing Act mandates U.S. citizen or resident legal alien proof for many health professionals. Chiropractors, cosmetologists, dentists, emergency medical technicians, nurses, pharmacists, podiatrists, and surgeons are among those that must comply with the new regulations. Private security guards in Oklahoma and persons seeking liquor licenses in Arizona are now burdened by the same bureaucratic red tape as the Nebraska health care workers. Yet, in response to a veterinarian shortage, New York is waiving its citizenship or legal residency requirement for three years. Across the country, new laws with conflicting language are expected to have great implications for the services sector and inter-state commerce.