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Explaining the Latest Federal Ruling on SB 1070: A Mixed Decision

Last week, a federal district court in Phoenix issued a mixed ruling on Arizona’s anti-immigrant SB 1070. Immigrant communities declared partial victory with Judge Susan Bolton's decision to strike down the portion of the law that makes it a crime to drive, live with, or engage in everyday activities with an undocumented individual. This means Arizonans of good faith who interact with or provide spiritual support to an undocumented friend or neighbor no longer have to worry about getting slapped with criminal penalties or arrest. Several SB 1070 copycats — including laws in Alabama, Georgia, and South Carolina — feature similar provisions which have also been blocked by federal courts.

PSN 2012 Immigration Session Roundup: Growing Consensus for Common-Sense Efforts as Anti-Immigrant Bills Lose More Steam

(With 2012 legislative sessions largely adjourned in statehouses across the nation, this is the fourth in a series of issue-specific session roundups from Progressive States Network highlighting trends in different policy areas across the fifty states.)

In 2012, state legislatures saw a dramatic decrease in anti-immigrant proposals and embraced a growing consensus around common sense, pro-immigrant policies in states across the country. This legislative session illustrated the decreased popularity of broad anti-immigrant proposals, as well as growing interest in targeted campaigns to introduce pro-immigrant policies, especially in states with growing immigrant populations. These policies, which underline the importance of cultivating all of our nation’s talented youth, protecting hard-won wages, and ensuring the safety of our communities, once again outnumbered misguided (and failed) attempts to enshrine racial profiling and deprive crucial industries of workers this year.

Two important developments in immigration policy from the federal government also shifted the landscape and conversation in the states. President Obama’s surprise June 15th Deferred Action announcement, which shields some undocumented youth from deportation and allows them to work legally in the United States, opens up a clear path for talented immigrant students to contribute to state economies once they receive a college degree. The announcement deflates traditional opposition to state tuition equity proposals, which previously branded the policies as impractical because they did not grant work authorization to undocumented college graduates. Now thousands of students accepted through the program will likely be able to legally work and in turn contribute to state economies upon graduating from college. The development ratchets up pressure on states to pass tuition equity proposals as eligible students stand ready to pay their way into higher education systems, which continue to suffer from dramatically decreased funding due to the slow economic recovery and long-standing budget deficits.

The Supreme Court also narrowed the role that states can play in immigration enforcement when they decisively struck down Arizona’s disruptive and economically devastating SB 1070. The Court underlined the federal government’s role in determining and enforcing immigration policy by striking down three of SB 1070’s four provisions while also sending a strong signal that the remaining provision, Section 2(b), will be susceptible to future challenges because it will inevitably encourage racial profiling. The three provisions that were struck down — prohibiting undocumented immigrants from seeking work, allowing warrantless arrests of immigrants for the suspicion of a deportable offense, and making it a state crime to not carry immigration papers — emphasized the role that the federal government must play in immigration enforcement and highlighted the growing reality that Arizona’s unconstitutional approach is far outside the mainstream of American values.

The Supreme Court’s decision notwithstanding, anti-immigrant forces still plan to reproduce the flawed “self-deportation” model in as many states as possible. The principal architect of SB 1070, Kansas Secretary of State Kris Kobach, not only led the charge to enshrine the harshest anti-immigrant plank in the national Republican Party’s history, but also announced that he intends to push the “papers please” 2(b) provision in Missouri, Kansas, Pennsylvania, Mississippi, Oklahoma and other states. [Read More]
 

Tuition Equity: More Progress

Even before President Obama’s announcement that “Deferred Action for Childhood Arrivals” (DACA) would protect some DREAM-eligible youth from deportation, legislation that allows qualifying undocumented students to attend public colleges and universities at in-state tuition rates was already gaining momentum in the states. DACA recipients will receive a two-year reprieve from deportation, a renewable two-year work permit, and, depending on the state, eligibility to receive driver’s licenses.

In a big step for these aspiring citizens, students began submitting applications for the program beginning August 15th. The program also re-emphasizes the need for states to pass tuition equity laws, ensuring that these talented students can access higher education and continue contributing to their states. DACA also neutralizes a common anti-immigrant argument against tuition equity laws: that allowing immigrant students access to higher education would be wasteful because they would be unauthorized to work in their states.

Twelve states already have tuition equity laws on the books, with an additional ten states moving the proposal this year.  [Read More]
 

Pushing Back Against Enforcement and Community Policing

Efforts to make immigration enforcement sensible and practical have turned into a powerful bill in California called the TRUST Act which could serve as a model for other states looking to move past the expensive and burdensome detention and deportation dragnet. After a 2-year campaign and strenuous efforts by advocates, the bill is still waiting for Governor Jerry Brown’s signature by September 30th.

The TRUST Act’s focus on building trust between community members and law enforcement statewide by prioritizing violent and serious criminals instead of casting a wide, expensive, and counter-productive dragnet has spurred many to call it the “anti-Arizona” approach. Governors in New York, Massachusetts, and Illinois challenged their state’s involvement in Secure Communities, highlighting the gap between S-Comm’s stated goals and the actual devastation the program has wrought on immigrant communities nationwide through widespread deportations. [Read More]
 

Driver’s Licenses: Ensuring Safety and Saving Costs

A hot-button issue in previous years, driver’s licenses for undocumented immigrants have the potential to stimulate the economy by allowing immigrants to drive to work and contribute to state economies while also keeping our roads safe. Unlicensed drivers also increase costs for the entire pool of drivers. When New York considered a driver’s license proposal in 2006 the State Department of Insurance estimated that premiums would have saved New York drivers $120 million, a 34% savings.  [Read More]

 

E-Verify: Momentum Ebbs on Flawed Program

Efforts to impose the flawed, federal E-Verify program on states have mostly flopped in 2012. E-Verify is a federal pilot employment-verification system that filters a worker’s identification information through the Department of Homeland Security (DHS) and Social Security Administration (SSA) databases — in theory flagging as ineligible any worker whose information doesn’t match up with federal records.

After an ascendant couple of years for the policy, which has become highly controversial due its high error rate and job-killing tendencies, 2012 saw proposals to enact or expand mandatory E-Verify fail in 23 states.  [Read More]
 

Wage Enforcement: Promise for 2013

Another important legislative avenue in protecting immigrant workers garnered momentum in 2012, with promises of even bigger action in 2013. Proposals that seek to enforce wage and hour laws, enhance workplace protections, and crack down on employers seeking to duck paying payroll taxes by misclassifying full-time workers as independent contractors play a strong role in protecting workers, both immigrant workers [Read More]
 

State Work Authorization Efforts

In the last session, several states also attempted to address their states’ need for immigrant workers, through a variety of complicated and non-traditional methods. Though none of the proposals passed, legislators in California, Kansas, Oklahoma, and Vermont all proposed some version of a state-based worker authorization models.  [Read More]

 

Research Roundup: Prosperity Economics, Non-Existent Voter Fraud, and More

In this Research Roundup:

Prosperity Economics, an antidote to “austerity economics.” Plus, recent reports from: the Annie E. Casey Foundation on key indicators of child well-being in each state, the Pew Charitable Trusts Economic Mobility Project on economic mobility across generations, the Strengthen Social Security coalition on how Social Security, Medicare and Medicaid work for each of the fifty states, People for the American Way on the “predatory privatization” of public services and assets, News21 on how the voter fraud that state voter suppression laws purport to address is “virtually non-existent,” the National Education Association on how anti-union RTW laws increase poverty, the Center for American Progress on growing conservative attempts to politicize state court systems through legislation, Americans for Tax Fairness on the effect that extending the Bush tax cuts for the richest 2% would have state-by-state, and the Center on Budget and Policy Priorities on how many weeks of unemployment compensation are available state-by-state.

Rounding Up 2012 Legislative Sessions

With 2012 legislative sessions largely adjourned in statehouses across the nation, Progressive States Network is releasing a series of issue-specific session roundups highlighting developments and trends in different policy areas across the fifty states.

PSN 2012 Broadband Session Roundup: Groundswell of Support for Key Infrastructure as ALEC Pushes Deregulation

Broadband has become essential, not optional — critical to the jobs, health, and welfare of millions of Americans. State legislatures around the country were focused on telecommunications infrastructure during 2012, although many bills this year seemed to be born of the rush to deregulate from last decade, seemingly unconcerned about the possibility that we could find ourselves without recourse when the technology goes down or fails to ensure that all people have access. This year, Progressive States Network has focused on two major areas of broadband legislation. The first has been community broadband, which ensures that local governments and non-profits can create their own broadband infrastructure when needed. The second has been the wave of right-wing inspired deregulation bills that would divide our country into haves and have-nots by eliminating the tools states use to ensure that small businesses, the labor force, and individuals have access to new technology. Both are, unfortunately, connected by strong efforts on the part of the ultra-conservative, corporate-backed American Legislative Exchange Council (ALEC).

Research Roundup: ALEC Economic Rankings Debunked, Big Business and the Minimum Wage, and More

Reports by the Iowa Policy Project on why ALEC’s economic policy recommendations are the wrong prescription for state prosperity, In The Public Interest on ALEC’s privatization agenda, the National Employment Law Project on big business, corporate profits, and the minimum wage, the State Budget Crisis Task Force on structural fiscal threats to the states, the National Regulatory Research Institute on the status of telecommunications deregulation legislation in 2012, the Commonwealth Fund on the status of state actions to establish health exchanges, The Sentencing Project on the extent of felon disenfranchisement in different states, the National Institute on Retirement Security on the role of defined benefit pensions in reducing economic hardships among older households, and Citizens for Tax Justice on the state-by-state effects of tax breaks for 13 million working families at stake in the federal tax debate.

PSN 2012 Workers’ Rights Session Roundup: Surviving Another Round of Attacks… and Bracing for 2013

An historic wave of attacks on workers that defined 2011 state legislative sessions largely continued this year. But just as significantly, widespread efforts to advance basic labor standards — especially the minimum wage — gained momentum this year by harnessing the country’s concerns about economic security and inequality. 2012 opened with another weeks-long standoff in the Midwest, which threatened to steal the limelight as the Super Bowl took place just a mile away from the Indiana Statehouse in Indianapolis, and ended in a major loss for workers in the state. Significant rollbacks occurred in several more states, as did high-profile attacks that are expected to return in 2013. The recall election victory of Wisconsin Governor Scott Walker was also a major disappointment for labor, though a labor-backed candidate did win another state Senate recall, flipping control of that chamber in the Wisconsin legislature. However, compared to Indiana, other major efforts to roll back labor standards in the states saw more successful resistance, and the ferocity with which conservatives pressed them was turned down a bit after the battle in the Hoosier state. In addition, as Congress and many statehouses proved increasingly difficult venues for addressing workplace abuses, 2012 saw more and more advocates turning to local governments to advance policies like paid sick leave and wage theft prevention. This has in turn opened up another front for statehouse attacks, with some states seeing bills introduced that would strip municipal governments of their power to protect workers. State legislatures seem likely to remain the critical arenas for advancing and protecting workers’ rights in the near future, with state policy fights set to both influence national trends and control the pace of change workers can achieve at the local level for years to come.