State and Local Immigration Laws: Recap of 2013 and Outlook for November 22, 2013

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1 State and Local Immigration Laws: Recap of 2013 and Outlook for 2014 November 22, 2013

2 Our Presenters Tanya Broder, Senior Staff Attorney, National Immigration Law Center (NILC) Ana María Rivera Forastieri, Legal and Policy Analyst, Junta for Progressive Action Jen Riddle, Advocacy Attorney, Catholic Legal Immigration Network, Inc. (CLINIC) Holly Johnson, Director, Tennessee Office for Refugees 2

3 Our Agenda Overview of pro-immigrant laws passed by states in 2013 and outlook for 2014 Advocating for pro-immigrant legislation the Connecticut TRUST Act Overview of 2013 anti-immigrant state laws and prospects for 2014 Advocating against anti-immigrant laws Tennessee Bill Seeking Reimbursement for the Cost of Resettling Refugees 3

4 Inclusive Immigrant Policies Advanced Dramatically in states, DC & PR granted driver s licenses to undocumented immigrants 5 states expanded access to education for immigrant students 3 states & several localities adopted measures aimed at building trust between local law enforcement and immigrant communities 2 states enacted a domestic worker s bill of rights California enacted measures addressing these and several other issues 4

5 California! TRUST Driver s Licenses Workers Rights (domestic workers, antiretaliation bills) Law Licenses Health Care Education Poll Workers, Access to Crime Reports 5

6 What Changed? Nov election results, with increased Latino and Asian civic participation Grassroots efforts Bipartisan support and Republican sponsorship of education bills States not only rejected enforcement measures, but began to move in a different direction 6

7 Driver s Licenses Remarkable Shift: Eight states, DC & Puerto Rico enacted laws providing driver s licenses regardless of status this year. NM, WA, UT issue licenses or privilege cards to eligible drivers regardless of status. CA, CO, CT, DC, IL, MD, OR, PR, NV, and VT enacted laws this year. Only AZ and NE deny driver s licenses to DACA grantees with a work authorization document. Litigation is pending in both states. 40% of the nation s foreign born population lives in a state that has enacted a law granting undocumented immigrants the right to drive up from about 4% at the beginning of the year. 7

8 Current & Pending State Laws & Policies on Driver s Licenses for Immigrants November 2013 Alaska WA OR NV CA ID AZ UT MT WY CO NM ND SD NE KS OK MN IA MI WI IL MO AR MS MI OH IN KY TN AL WV GA VT NY PA VA NC SC ME N H MA RI C NJ T DE MD DC Hawaii TX LA FL KEY Enacted law: Access to driver s license or card, regardless of status (effective dates vary) PR Driver s license bill passed one house of legislature Driver s license bill was introduced this session States that deny driver s licenses to youth granted DACA 8

9 Implementation & Monitoring Documents, Verification, Translation Markings on the license Anti-discrimination and Confidentiality Measuring benefits of licenses for all, and potential harm flowing from a marked license; Study bill in NC Oregon Referendum 9

10 Tuition Equity Tuition equity policies allow students who attend a state s high schools, graduate, and meet other criteria, to pay instate tuition rates, regardless of their status. At least 18 states have tuition equity laws or policies. 60% of foreign born live in states with tuition equity laws or policies This year, tuition equity laws enacted in OR, CO, MN, with similar policies adopted by the University of HI and the University of MI. MN will offer institutional aid to eligible students regardless of their status. U. of HI also to offer aid. Advocacy on in-state tuition for DACA grantees continues in other states 10

11 Scholarships, Fee Waivers, and State Financial Aid CA, TX, NM and HI offer state financial aid to eligible students regardless of status; CA, IL, MN offer institutional aid or private scholarships; Bills offering state financial aid or scholarships to students who meet certain criteria regardless of their status filed in CT, NJ, NY, WA. 11

12 Current State Laws & Policies on Access to Higher Education for Immigrants November 2013 Alaska Hawaii WA OR NV CA ID AZ UT MT WY CO NM ND SD NE KS OK MN IA MI WI IL MO AR MS MI OH IN KY TN AL WV GA NY PA VA NC SC V T NH CT NJ ME DE MD RI MA Legend TX LA FL States with tuition equity laws States with tuition equity policies at major institutions States with tuition equity laws and scholarships States with tuition equity laws and state financial aid States that ban enrollment to undocumented students States where some college systems deny enrollment 12

13 State and Local Policies Limiting Detainers ( ICE Holds ) AK WA VT ME HI CA OR NV ID UT MT WY CO ND SD NE KS MN IA MO WI IL MI IN KY TN OH NY PA WV VA NC NH RI CT NJ DL MD DC MA AZ NM OK AR MS AL GA SC KEY State detainer policy enacted TX LA FL State detainer policy proposed Local detainer policy enacted PR Local detainer policy proposed Updated November

14 What s Next? Limited detainer policies at state and local levels State driver s licenses and local IDs Tuition equity, financial aid Professional/commercial licenses? Workers rights Health care 14

15 Resources Inclusive Policies Advance Dramatically in the States: Immigrants Access to Drivers Licenses, Higher Education, Workers Rights, and Community Policing (NILC 2013) at NILC Toolkit: Improving Access to Postsecondary Education for Immigrant Students at NILC Toolkit: Access to Driver s Licenses at The All-In-One Guide to Defeating ICE Hold Requests (a.k.a. Immigration Detainers) at 15

16 The Connecticut Trust Act Advocates and Governor pushed back on Secure Communities causing a 5 month delay. In February 2012, Secure Communities went live in CT. Advocates quickly moved to limit CT s participation. In April 2012, the Department of Correction announced protocols that would limit DOC participation in the program. 16

17 The Connecticut Trust Act The Jose Maria Islas Bill 17

18 The Connecticut Trust Act What is the Trust Act? An across the board limitation to CT s participation in the Secure Communities program. Applies to all law enforcement agencies under all branches of government. If ICE issues an immigration detainer, law enforcement can only hold the individual under very limited instances. Otherwise, he or she must be released. Creates a coherent approach to dealing with immigration detainers. R00HB PA.htm 18

19 The Connecticut Trust Act The Connecticut Immigrant Rights Alliance (CIRA) was born. Impact of multiple sectors working together. Find a champion for your bill. State Representative Gary Holder-Winfield If you can, get support from the administration. Draft the bill How progressive did we want to start off? Know what points you re willing to compromise. Set up a timeline This is probably the most important advice I can give you! 19

20 The Connecticut Trust Act Know your targets Different elevator pitches, different people. Anticipate tough questions, and answer them. Also, know that there are times when you will not know the answer and make sure you follow-up with legislators who posed the question. Find a champion on the other side of the aisle. Rep. Rosa Rebimbas Show face, day-after-day. 20

21 The Connecticut Trust Act Grassroots organizing Public hearing mobilization Phone and efforts Gathering stories from all sectors to offer as proof of overwhelming support for this piece of legislation. Stump speech for the media 21

22 The Connecticut Trust Act Unanimous vote in the House and the Senate. Governor signed the bill on July 19 th,

23 The Connecticut Trust Act Victory for Jose Maria! The same day the Governor signed the bill, Jose Maria was released from detention and we later learned ICE granted his stay of removal application. 23

24 Notable Absence of Anti-Immigrant State Laws in 2013 NO omnibus immigration enforcement laws Handful of states passed discrete measures negatively impacting immigrants: State budgets (FL, NM, IL, GA) State licensing (NY) Access to employment and education (FL, UT) Access to healthcare and other state benefits (AR) Georgia Senate Bill

25 Enacted April 24, 2013 and implemented July 1, Amended Georgia s 2011 House Bill 87 (requiring the verification of immigration status for public benefits). Specifically, SB 160: Georgia Senate Bill 160 Removed foreign passports as acceptable identity documents to obtain public benefits, unless accompanied by proof of lawful presence. Added new items to the list of public benefits for which citizenship and immigration status must be verified. Mandated the use of E-Verify by contractors and subcontractors doing business with city, county and state government. Effect: Undocumented immigrants cannot obtain driver s licenses, state grants and loans, public/assisted housing, and retirement benefits. 25

26 Why are anti-immigrant state measures on the decline? Hopes that Congress will pass Comprehensive Immigration Reform Economic and other consequences Political lessons The unraveling of Arizona s SB 1070 and copycat laws Court decisions striking down other state and local immigration measures 26

27 Can We Expect Bad Bills in 2014? Probably but. Omnibus enforcement bills are unlikely Anti-immigrant measures are likely to be narrow and limited Passage or absence of Comprehensive Immigration Reform may tempt state legislators to resume negative immigration measures Risk of Congress passing the SAFE Act (H.R. 2278) 27

28 WHAT is Going on in Tennessee?! Holly Johnson State Refugee Coordinator 28

29 Brief History October 2007: State of Tennessee notified Office of Refugee Resettlement of its intent to withdraw from administering the refugee program Small program in comparison to others in the state Administrative burden too great for the dollars available State Refugee Coordinator (SRC) just one of many hats worn by state employee running the program 29

30 History, continued January 2008: Catholic Charities selected as the Replacement Designee in Tennessee June 2008: Catholic Charities created the Tennessee Office for Refugees and began the administration of the statewide program October 2010: Tennessee became a Wilson-Fish state 30

31 Legislation #1 Refugee Absorptive Capacity Act (2011) Driven by Tennessee s Eagle Forum Stated purpose was a reaction to secondary migration in Shelbyville Co-sponsored by new legislator Revised version passed in May

32 Legislation #2 Reimbursing the State for Cost of Resettling Refugees (2013) Driven by Tennessee s Eagle Forum Two committee meetings Sent to Summer Study 32

33 Latest Goings-on Joint Governmental Operations Legislative Advisory Committee Looking at federal cost-shifting of refugee resettlement Driven by Tennessee s Eagle Forum and RRW blogger Commissioned independent study Rejected independent study 33

34 Bees like honey Be a good witness Think before you speak Be honest What did we do? Provide information Be aware of what is NOT being said but address what IS being said Don t underestimate the power of legislative staff 34

35 What helped? Senate sponsors House sponsors Legislators are people; do your research Experienced lobbyist Network of supporting organizations Good Cop vs. Bad Cop Letter writing, , and phone campaigns 35

36 What else should we do? Better organized/coordinated approach Uniform (or at least coordinated) message Plan strategy in advance Faster and more efficient use of social media Utilize all networks Educate, educate, educate all year long 36

37 Resources: Tennessee Tennessee Legislature Website: Refugee Absorptive Capacity Act: er=hb1632&ga=107 Reimbursing the State for Cost of Resettling Refugees: er=hb1326 Joint Legislative Advisory Committee: Joint Legislative Advisory Committee Videos: aspx?commid=

38 Questions? 3211 Fourth Street NE Washington DC Georgia Ave., Suite 850 Silver Spring, MD twitter.com/cliniclegal facebook.com/cliniclegal 38

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