UNDOCUMENTED IMMIGRANTS: STATE/LOCAL INITIATIVES
State and Local Initiatives Targeting the Undocumented
With increasing frequency, localities across the country have introduced or enacted
ordinances that target undocumented immigrants. State legislatures have also
proposed or enacted harmful legislation. Many of these measures are far reaching,
and penalize not only the undocumented, but their families, business owners, and
others who interact with the undocumented. Immigrant restrictionists will most likely
continue to focus their efforts on crafting and promoting these measures in the months
and years to come. As the immigration debate continues, such proposals and policies
will contribute to an increasingly hostile environment and may ultimately place
immigrants in categories that will make them ineligible for legalization. The information
below is intended to assist communities in their efforts to combat local anti-immigrant
proposals.
There are several commonalities among the types of ordinances and legislation being
proposed or passed. Many raise significant legal issues and are already being
challenged in courts. Some of the recurring themes and elements are described below.
• Employers/workers: Several ordinances penalize businesses or city contractors
that recruit or employ undocumented workers. This type of ordinance commonly
requires businesses that apply for business permits or contractors who have city
contracts to sign affidavits affirming that they do not knowingly utilize the services of
or hire unlawful workers. Failure to comply with these requirements can result in the
suspension of business permits, revocation of city contracts, or fines. Some
measures make it a crime to employ the undocumented.
State and Local Initiatives Targeting the Undocumented
With increasing frequency, localities across the country have introduced or enacted
ordinances that target undocumented immigrants. State legislatures have also
proposed or enacted harmful legislation. Many of these measures are far reaching,
and penalize not only the undocumented, but their families, business owners, and
others who interact with the undocumented. Immigrant restrictionists will most likely
continue to focus their efforts on crafting and promoting these measures in the months
and years to come. As the immigration debate continues, such proposals and policies
will contribute to an increasingly hostile environment and may ultimately place
immigrants in categories that will make them ineligible for legalization. The information
below is intended to assist communities in their efforts to combat local anti-immigrant
proposals.
There are several commonalities among the types of ordinances and legislation being
proposed or passed. Many raise significant legal issues and are already being
challenged in courts. Some of the recurring themes and elements are described below.
• Employers/workers: Several ordinances penalize businesses or city contractors
that recruit or employ undocumented workers. This type of ordinance commonly
requires businesses that apply for business permits or contractors who have city
contracts to sign affidavits affirming that they do not knowingly utilize the services of
or hire unlawful workers. Failure to comply with these requirements can result in the
suspension of business permits, revocation of city contracts, or fines. Some
measures make it a crime to employ the undocumented.
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202.635.2556
202.635.2649 fax
media inquiries:
e-mail me
(202) 635-5810
• Day Laborers: Several ordinances prohibit funding or aiding in the establishment of a day laborer center that does not verify
legal work status. Employers that engage in such activities can be denied a business permit, a renewal permit, or city contracts or
grants for up to five years.
• Landlord/Tenant: Some ordinances require landlords to verify the immigration status of potential residents and prohibit the use
or rental of property to undocumented immigrants. The ordinances treat rental to the undocumented as a form of “harboring.”
Harboring is typically defined in such ordinances to include letting, leasing, or renting a dwelling unit to an undocumented individual,
knowing or in “reckless disregard” of the fact that the individual violated U.S. immigration laws. These measures impose harsh
penalties for harboring, including fines and/or suspension of the rental license, during which period the owner cannot collect rent
from any tenants in the building. Some measures require rental occupants to demonstrate their legal status in order to obtain
“occupancy permits.”
• Drivers’ Licenses and Identification Issues: Many states have proposed legislation that would implement the driver’s license
provisions of the REAL ID Act. Such provisions limit the issuance of driver’s licenses to certain non-citizens, including lawful
permanent or conditional residents, applicants for lawful permanent residence, asylees, refugees, valid nonimmigrant visa holders,
asylum applicants, applicants for temporary protected status (TPS), individuals granted TPS, or persons granted deferred action
status. In addition, the REAL ID Act requires that certain lawfully present immigrants must be issued drivers’ licenses that expire
when their period of authorized stay in the United States expires. Some states have already begun to implement these restrictive
provisions. Although the REAL ID Act requires that states implement these provisions by May 2008, the Department of Homeland
Security (DHS) has yet to promulgate final regulations regarding the Act. State legislation may ultimately need to be revised in order
to be consistent with the final regulations.
• False Documentation: Other identity and driver’s license legislation would increase penalties for the use of fraudulent
documents for legal status, employment or identification purposes; prohibit the issuance of licenses to persons not lawfully residing
within the state; fund investigators of fraudulent documents; and make it a felony to drive without proof of legal U.S. residency.
Proposed legislation would also set harsh penalties for the use of forged documents. Examples include legislation that would
prohibit courts from granting bail to persons charged with forged documentation and legislation that would prohibit district attorneys
from plea-bargaining with such individuals.
• Local Law Enforcement of Federal Immigration Law: Section 287(g) of the Illegal Immigration Reform and Immigrant
Responsibility Act (IIRIRA) authorized DHS to enter into agreements with state and local law enforcement agencies, permitting
designated state/local officers to perform federal immigration law enforcement functions, pursuant to a Memorandum of Agreement,
provided that the local officers receive training and supervision from Immigration and Customs Enforcement (ICE). Currently, the
states of Florida, Alabama, and Massachusetts, as well as certain counties in South Carolina and California have entered into such
agreements with DHS.
Some states have proposed legislation that directs certain state officials such as the Commissioner of the Department of Public
Safety or the State Attorney General to enter into such agreements with DHS. Other measures would require that the sheriff or
other officer in charge of a correctional facility verify the immigration status of certain inmates and inform DHS of individuals who
are in their custody without lawful status.
• Criminalization of Unlawful Presence: Several states/localities are considering measures that would criminalize unlawful
presence. Such policies could negatively impact individuals who would otherwise be eligible for a legalization program.
• Education: Measures related to education include requirements that state educational institutions verify the legal status of
every student and prohibit admission of undocumented immigrants. Other proposals would require public schools to obtain proof of
citizenship or immigration status.
• Charitable Service Providers: Legislation has also been proposed that would deny state and local funding to charities that
provide services to undocumented immigrants.
• Public Benefits: Legislation has been introduced to restrict health insurance coverage to U.S. citizens and certain categories
of lawful immigrants, and to eliminate all but emergency services for undocumented immigrants.
• English Only: Several ordinances declaring English the official language of a locality have passed.
Positive Developments
• Several localities have passed ordinances that prohibit state and local law enforcement agencies from enforcing federal
immigration laws. Local police departments have issued statements reaffirming their policies against making inquiries into
immigration status for the purposes of determining whether an individual has violated civil immigration laws and of enforcing such
laws.
• Several localities have passed ordinances that seek to integrate immigrants into the community. Such ordinances include
declarations that all people will be treated equally regardless of immigration status as well as designations of cities as sanctuaries
for immigrants.
• Other local ordinances urge state legislatures to support comprehensive immigration reform, affirm commitments to protect
immigrants from vigilante violence, and prevent the use of city funds to gather or disseminate information regarding the immigration
status of individuals in the City (unless required by statute, regulation or court decision).
• Some pro-immigrant ordinances provide services to help immigrants naturalize; support English as a Second Language
programs; and develop strategies to improve educational opportunities for new immigrants.
A number of groups are involved in tracking and combating anti-immigrant measures. These include the following:
The National Council of La Raza (NCLR) coordinates a state and local immigration initiative listserv. To join the listserv, send an
email to Flavia Jimenez at fjimenez@nclr.org or Rosanna Tapia at rtapia@nclr.org. Provide a short description of your organization,
the reasons why you want to join the listserv, and your complete contact information. NCLR also hosts monthly teleconferences
for individuals who are engaged in state/local initiative-based advocacy. Information regarding the teleconferences is announced
via the listserv.
In addition, NCLR listserv members can join a materials sharing website hosted by the Service Employees International Union
(SEIU). This on-line community, “Immigration: State and Local Policy Network,” contains excellent resources for advocates.
Membership in the on-line community is by invitation only. At the end of each week, a document summarizing all recently proposed
local/state legislation is posted to the site.
The Fair Immigration Reform Movement (FIRM) publishes a weekly action bulletin that provides resources and information to
immigrants' rights advocates across the country. The bulletin includes links to relevant actions and campaigns at the state and local
level, especially those regarding anti-immigrant ordinances. To receive the bulletin, send an email to Nicola Wells at
nwells@communitychange.org. Ms. Wells coordinates FIRM’s advocacy on anti/pro immigrant legislation and ordinances. She is a
good point of contact for individuals seeking to learn more about ongoing efforts in a particular state or locality.
Other Helpful Resources
Databases/Lists of Ordinances/Legislation
The Fair Immigration Reform Movement (FIRM) maintains a database of local immigration ordinances and their status. See http:
//www.fairimmigration.org. FIRM also has a tool-kit for combating anti-immigrant ordinances. See
http://www.fairimmigration.org/learn/immigration-reform-and-immigrants/local-level/
The Puerto Rican Legal Defense and Education Fund (PRLDF) also maintains a local ordinance tracking chart. See http://www.
prldef.org/Civil/Latino%20Justice%20Campaign.htm
The National Conference of State Legislatures tracks state legislation related to immigration. Visit http://www.ncsl.
org/programs/immig/2007StateLegislationImmigration.htm
Litigation
American Civil Liberties Union (ACLU). For updates on local ordinance litigation brought by the ACLU, visit http://www.aclu.
org/immigrants/discrim/index.html
The Mexican American Legal Defense and Education Fund (MALDEF) has joined the ACLU in a lawsuit challenging an anti-immigrant
ordinance. See http://www.maldef.org/index.cfm for more information.
The Puerto Rican Legal Defense and Education Fund (PRLDEF) is also involved in local ordinance litigation. See http://www.prldef.
org/Index.htm for more information.
General Resources
The Migration Policy Institute (MPI). This link contains materials from a roundtable on States and Localities Regulating Immigration held
at MPI on January 24, 2007, including a list of proposed and enacted state legislation and local ordinances from 2001-2007.
See: http://contact.migrationpolicy.org/site/PageNavigator/StateandLocalitiesRegulatingImmigrants
The American Immigration Lawyers Association (AILA) has compiled a list of the many tools created by immigrant advocacy
organizations to assist in local/state advocacy initiatives. See http://www.aila.org/content/default.aspx?docid=23276
Driver’s License Issues
The National Immigration Law Center (NILC) tracks Driver’s License issues. Visit http://www.nilc.org/immspbs/DLs/index.htm. It
includes an overview of States’ driver’s license requirements available at http://www.nilc.
org/immspbs/DLs/state_dl_rqrmts_ovrvw_2007-01-31.pdf and a chart of 2007 REAL ID legislation at http://www.nilc.
org/immspbs/DLs/state_real_id_proposals_2007-02-15.pdf.
Public Benefits Issues
NILC also tracks several benefits-related issues. Visit http://www.nilc.org/immspbs/index.htm.
Employment Resources
The National Employment Law Project (NELP) has published a guide on employment-related anti-immigrant measures at the state
level. The guide, entitled, “More Harm than Good: Responding to States Misguided Efforts to Regulate Immigration,” is available at
http://www.nelp.org/docUploads/More%20Harm%20than%20Good%20update%20082907%2Epdf.
Local Law Enforcement Issues
The National Immigration Forum has several resources pertaining to the enforcement of immigration laws by state and local police.
See http://www.immigrationforum.org/DesktopDefault.aspx?tabid=567
The National Council of La Raza has a toolkit that provides resources to help oppose attempts to deputize state and local police to
enforce federal immigration laws. It is available at http://www.nclr.org/content/resources/detail/41508/
If your organization has produced helpful materials that are not listed on this page, please contact mmckenna@cliniclegal.org. In
addition, please let CLINIC know if you would like to receive training or further information on the issues covered on this web page.
legal work status. Employers that engage in such activities can be denied a business permit, a renewal permit, or city contracts or
grants for up to five years.
• Landlord/Tenant: Some ordinances require landlords to verify the immigration status of potential residents and prohibit the use
or rental of property to undocumented immigrants. The ordinances treat rental to the undocumented as a form of “harboring.”
Harboring is typically defined in such ordinances to include letting, leasing, or renting a dwelling unit to an undocumented individual,
knowing or in “reckless disregard” of the fact that the individual violated U.S. immigration laws. These measures impose harsh
penalties for harboring, including fines and/or suspension of the rental license, during which period the owner cannot collect rent
from any tenants in the building. Some measures require rental occupants to demonstrate their legal status in order to obtain
“occupancy permits.”
• Drivers’ Licenses and Identification Issues: Many states have proposed legislation that would implement the driver’s license
provisions of the REAL ID Act. Such provisions limit the issuance of driver’s licenses to certain non-citizens, including lawful
permanent or conditional residents, applicants for lawful permanent residence, asylees, refugees, valid nonimmigrant visa holders,
asylum applicants, applicants for temporary protected status (TPS), individuals granted TPS, or persons granted deferred action
status. In addition, the REAL ID Act requires that certain lawfully present immigrants must be issued drivers’ licenses that expire
when their period of authorized stay in the United States expires. Some states have already begun to implement these restrictive
provisions. Although the REAL ID Act requires that states implement these provisions by May 2008, the Department of Homeland
Security (DHS) has yet to promulgate final regulations regarding the Act. State legislation may ultimately need to be revised in order
to be consistent with the final regulations.
• False Documentation: Other identity and driver’s license legislation would increase penalties for the use of fraudulent
documents for legal status, employment or identification purposes; prohibit the issuance of licenses to persons not lawfully residing
within the state; fund investigators of fraudulent documents; and make it a felony to drive without proof of legal U.S. residency.
Proposed legislation would also set harsh penalties for the use of forged documents. Examples include legislation that would
prohibit courts from granting bail to persons charged with forged documentation and legislation that would prohibit district attorneys
from plea-bargaining with such individuals.
• Local Law Enforcement of Federal Immigration Law: Section 287(g) of the Illegal Immigration Reform and Immigrant
Responsibility Act (IIRIRA) authorized DHS to enter into agreements with state and local law enforcement agencies, permitting
designated state/local officers to perform federal immigration law enforcement functions, pursuant to a Memorandum of Agreement,
provided that the local officers receive training and supervision from Immigration and Customs Enforcement (ICE). Currently, the
states of Florida, Alabama, and Massachusetts, as well as certain counties in South Carolina and California have entered into such
agreements with DHS.
Some states have proposed legislation that directs certain state officials such as the Commissioner of the Department of Public
Safety or the State Attorney General to enter into such agreements with DHS. Other measures would require that the sheriff or
other officer in charge of a correctional facility verify the immigration status of certain inmates and inform DHS of individuals who
are in their custody without lawful status.
• Criminalization of Unlawful Presence: Several states/localities are considering measures that would criminalize unlawful
presence. Such policies could negatively impact individuals who would otherwise be eligible for a legalization program.
• Education: Measures related to education include requirements that state educational institutions verify the legal status of
every student and prohibit admission of undocumented immigrants. Other proposals would require public schools to obtain proof of
citizenship or immigration status.
• Charitable Service Providers: Legislation has also been proposed that would deny state and local funding to charities that
provide services to undocumented immigrants.
• Public Benefits: Legislation has been introduced to restrict health insurance coverage to U.S. citizens and certain categories
of lawful immigrants, and to eliminate all but emergency services for undocumented immigrants.
• English Only: Several ordinances declaring English the official language of a locality have passed.
Positive Developments
• Several localities have passed ordinances that prohibit state and local law enforcement agencies from enforcing federal
immigration laws. Local police departments have issued statements reaffirming their policies against making inquiries into
immigration status for the purposes of determining whether an individual has violated civil immigration laws and of enforcing such
laws.
• Several localities have passed ordinances that seek to integrate immigrants into the community. Such ordinances include
declarations that all people will be treated equally regardless of immigration status as well as designations of cities as sanctuaries
for immigrants.
• Other local ordinances urge state legislatures to support comprehensive immigration reform, affirm commitments to protect
immigrants from vigilante violence, and prevent the use of city funds to gather or disseminate information regarding the immigration
status of individuals in the City (unless required by statute, regulation or court decision).
• Some pro-immigrant ordinances provide services to help immigrants naturalize; support English as a Second Language
programs; and develop strategies to improve educational opportunities for new immigrants.
A number of groups are involved in tracking and combating anti-immigrant measures. These include the following:
The National Council of La Raza (NCLR) coordinates a state and local immigration initiative listserv. To join the listserv, send an
email to Flavia Jimenez at fjimenez@nclr.org or Rosanna Tapia at rtapia@nclr.org. Provide a short description of your organization,
the reasons why you want to join the listserv, and your complete contact information. NCLR also hosts monthly teleconferences
for individuals who are engaged in state/local initiative-based advocacy. Information regarding the teleconferences is announced
via the listserv.
In addition, NCLR listserv members can join a materials sharing website hosted by the Service Employees International Union
(SEIU). This on-line community, “Immigration: State and Local Policy Network,” contains excellent resources for advocates.
Membership in the on-line community is by invitation only. At the end of each week, a document summarizing all recently proposed
local/state legislation is posted to the site.
The Fair Immigration Reform Movement (FIRM) publishes a weekly action bulletin that provides resources and information to
immigrants' rights advocates across the country. The bulletin includes links to relevant actions and campaigns at the state and local
level, especially those regarding anti-immigrant ordinances. To receive the bulletin, send an email to Nicola Wells at
nwells@communitychange.org. Ms. Wells coordinates FIRM’s advocacy on anti/pro immigrant legislation and ordinances. She is a
good point of contact for individuals seeking to learn more about ongoing efforts in a particular state or locality.
Other Helpful Resources
Databases/Lists of Ordinances/Legislation
The Fair Immigration Reform Movement (FIRM) maintains a database of local immigration ordinances and their status. See http:
//www.fairimmigration.org. FIRM also has a tool-kit for combating anti-immigrant ordinances. See
http://www.fairimmigration.org/learn/immigration-reform-and-immigrants/local-level/
The Puerto Rican Legal Defense and Education Fund (PRLDF) also maintains a local ordinance tracking chart. See http://www.
prldef.org/Civil/Latino%20Justice%20Campaign.htm
The National Conference of State Legislatures tracks state legislation related to immigration. Visit http://www.ncsl.
org/programs/immig/2007StateLegislationImmigration.htm
Litigation
American Civil Liberties Union (ACLU). For updates on local ordinance litigation brought by the ACLU, visit http://www.aclu.
org/immigrants/discrim/index.html
The Mexican American Legal Defense and Education Fund (MALDEF) has joined the ACLU in a lawsuit challenging an anti-immigrant
ordinance. See http://www.maldef.org/index.cfm for more information.
The Puerto Rican Legal Defense and Education Fund (PRLDEF) is also involved in local ordinance litigation. See http://www.prldef.
org/Index.htm for more information.
General Resources
The Migration Policy Institute (MPI). This link contains materials from a roundtable on States and Localities Regulating Immigration held
at MPI on January 24, 2007, including a list of proposed and enacted state legislation and local ordinances from 2001-2007.
See: http://contact.migrationpolicy.org/site/PageNavigator/StateandLocalitiesRegulatingImmigrants
The American Immigration Lawyers Association (AILA) has compiled a list of the many tools created by immigrant advocacy
organizations to assist in local/state advocacy initiatives. See http://www.aila.org/content/default.aspx?docid=23276
Driver’s License Issues
The National Immigration Law Center (NILC) tracks Driver’s License issues. Visit http://www.nilc.org/immspbs/DLs/index.htm. It
includes an overview of States’ driver’s license requirements available at http://www.nilc.
org/immspbs/DLs/state_dl_rqrmts_ovrvw_2007-01-31.pdf and a chart of 2007 REAL ID legislation at http://www.nilc.
org/immspbs/DLs/state_real_id_proposals_2007-02-15.pdf.
Public Benefits Issues
NILC also tracks several benefits-related issues. Visit http://www.nilc.org/immspbs/index.htm.
Employment Resources
The National Employment Law Project (NELP) has published a guide on employment-related anti-immigrant measures at the state
level. The guide, entitled, “More Harm than Good: Responding to States Misguided Efforts to Regulate Immigration,” is available at
http://www.nelp.org/docUploads/More%20Harm%20than%20Good%20update%20082907%2Epdf.
Local Law Enforcement Issues
The National Immigration Forum has several resources pertaining to the enforcement of immigration laws by state and local police.
See http://www.immigrationforum.org/DesktopDefault.aspx?tabid=567
The National Council of La Raza has a toolkit that provides resources to help oppose attempts to deputize state and local police to
enforce federal immigration laws. It is available at http://www.nclr.org/content/resources/detail/41508/
If your organization has produced helpful materials that are not listed on this page, please contact mmckenna@cliniclegal.org. In
addition, please let CLINIC know if you would like to receive training or further information on the issues covered on this web page.
Advocacy Topics
Alternatives to Detention
Asylees and Refugees
Asylum-Seekers
Barriers to Family Reunification
Board of Immigration Appeals
Border Enforcement and Immigrant
Deaths
Citizenship
Consular Identification Documents
Detention
Department of Homeland Security
Driver's License Restrictions
Immigration Processing Delays
Indefinite Detention
Legalization
Local Law Enforcement
Mandatory Detention
National Security and Immigration
Unaccompanied Minors
Undocumented Immigrants:
State/Local Initiatives
Video Conferencing
Voter Registration
Alternatives to Detention
Asylees and Refugees
Asylum-Seekers
Barriers to Family Reunification
Board of Immigration Appeals
Border Enforcement and Immigrant
Deaths
Citizenship
Consular Identification Documents
Detention
Department of Homeland Security
Driver's License Restrictions
Immigration Processing Delays
Indefinite Detention
Legalization
Local Law Enforcement
Mandatory Detention
National Security and Immigration
Unaccompanied Minors
Undocumented Immigrants:
State/Local Initiatives
Video Conferencing
Voter Registration
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