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Immigration Enforcement at the State and Local Levels: What Should I Know?

Immigration Enforcement at the State and Local Levels: What Should I Know? . Karen Siciliano Lucas, CLINIC January 12, 2012. What are states doing and why? . The blame game. “Attrition Through Enforcement”. Everyone is an immigration agent. Getting people to “self-deport”.

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Immigration Enforcement at the State and Local Levels: What Should I Know?

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  1. Immigration Enforcement at the State and Local Levels: What Should I Know? Karen Siciliano Lucas, CLINIC January 12, 2012

  2. What are states doing and why? The blame game “Attrition Through Enforcement” Everyone is an immigration agent Getting people to “self-deport”

  3. What does state immigration enforcement look like? • Restricting access to public benefits, including education • Sanctioning employers who hire unauthorized workers State legislation: • Criminalizing basic actions to sustain self and family • Criminalizing basic acts of Christian charity • Criminalizing lack of federal registration • Taking away legal personhood And then there’s the actual enforcement….

  4. What does state immigration enforcement look like? • warrantless arrests on suspicion undocumented • “reasonable suspicion” at traffic stops State police (and citizens) get wide powers: • Georgia’s immigration enforcement board • holding arrestees in jail until status can be verified • automatically denying bail to undocumented • right to sue and obligation to enforce Here are the 2011 state legislative session results….

  5. 2011 State Legislative Session Summary • States are now free to pass even more employer sanctions bills (17 are already in place) • Still, of the twenty-five (25) states that threatened in 2011 to pass strong immigration policing bills, only five (5) enacted them into law • And there are a few more reasons to hope

  6. What happened in Alabama? #crisisAL families left schools and communities behind water and other utility service threatened • marriage licenses denied • attorneys turned into immigration agents • provision of health services reduced • custody and adoption proceedings became a dangerous business

  7. What happened in Alabama? #crisisAL Attorney General Luther Strange: state employees can’t make independent determination of immigration status U.S. District Judge Thompson: state cannot check immigration status for mobile homes • Governor Bentley says must tweak HB 56

  8. The Latest Came from South Carolina U.S. District Judge Gergel blocked 3 parts: Harboring/transporting • Self-Harboring/transporting • Registration • “Reasonable Suspicion”

  9. Maricopa County, AZ State Officials are Called Out Judge Thompson, AL Judge Gergel, SC Judge Thrash, GA

  10. U.S. Supreme Court 4 parts of AZ’s SB 1070 will be considered: • “Reasonable Suspicion” • Registration • Solicit or Perform Work • Warrantless Arrest for Deportable Offense

  11. What have we seen in 2012? • MO: enforcement, status checks in schools • CA: not enough signatures to get instate tuition on ballot; guest worker ref. • IN, AZ: new court challenges • PA: proof of status for public benefits • CO: instate tuition variation

  12. Two Danger States 2012

  13. Questions? twitter.com/cliniclegal facebook.com/cliniclegal 415 Michigan Ave., NE Suite 200 Washington, DC 20017 202-635-2556 national@cliniclegal.org

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