Many states look to Arizona’s SB 1070 as a model for new immigration legislation

25 states to consider SB 1070-like policies in upcoming legislative sessions

Image by Matt MahurinThe Saturday after the November elections that brought 680 Republican state legislators into office throughout the country, Texas Rep. Debbie Riddle started camping outside the Texas Capitol in Austin to be the first to file voter ID legislation and an Arizona-style immigration bill for Texas. A passer-by told her that she reminded him of Duke basketball fans camping out for tickets.

“It was eye-opening to realize that people think it’s normal to be passionate about something like college basketball, but odd to be passionate about your state’s politics,” she said to the Houston Chronicle.

After spending two nights on the lobby floor, she filed the bills on November 8, getting the first two bill numbers available, 16 and 17. Similar passion for SB 1070-like legislation exists throughout the country.

Arizona’s new law

The passage of SB 1070 in Arizona in April combined the potent mix of conservative popular anger over immigration, crime, the Obama administration and the federal government. Arizona Republican Gov. Jan Brewer — who quietly succeeded Janet Napolitano after she became Secretary of the U.S. Deparment of Homeland Security — became an instant firebrand with a national profile sought after by GOP candidates as far away as Georgia. The measure polled consistently well; however, it also sparked a national backlash, as protesters called for boycotts of the state and picketed in cities across the country.

SB 1070 was one of the strongest immigration-enforcement measures in decades. Local law officials are required to make a “reasonable attempt” to determine one’s legal status if “reasonable suspicion” exists. Any illegal alien in Arizona is “trespassing” in the state if they are not carrying their alien registration card. It makes it unlawful for illegal immigrants to solicit work or perform any job. It also contains powers to investigate employers for hiring illegal immigrants.

Other states follow suit

State legislators in 25 states (see list below) planned to introduce SB 1070 clones in upcoming legislative sessions, according to Immigration Impact. Of course, not all — or even most — of these laws will pass. However, Republicans picked up the most seats in the modern era of state legislatures in 2010 — more than Republicans did in 1994 or Democrats in the post-Watergate wave of 1974. Republicans hold both houses and the governorship in fifteen states (sixteen including Nebraska’s unicameral legislature).

Florida elected Republican Rick Scott — who ran ads against his primary opponent for his opposition to Arizona’s law — for governor along with Republican supermajorities in both chambers of the legislature. Scott supports “measures like the Arizona law.”  When asked by Wolf Blitzer of CNN whether he would push the legislature to bring a bill to him, he said, “I don’t have to, the legislature’s already focused on it.”

Both House and Senate versions of immigration enforcement bills in Florida require aliens to carry documentation with them or risk being incarcerated and fined. Both bills state that nothing may prohibit local officials from “sending, receiving, or maintaining information relating to the immigration status of an individual.” If local officials do not comply, then the state attorney general may sue those officials. The Florida legislative session begins in March.

Legislators in Tennessee — which now has a Republican governor, House and Senate — plan to introduce a SB 1070-like bill in the upcoming session. The Tennessean reported that State Sen. Bill Ketron is drafting a bill that would criminalize illegal immigration, but attorneys are working to make sure the bill conforms with the state constitution. Ketron — like Arizona legislators — received help in drafting the bill from the American Legislative Exchange Council, a group that writes conservative “model legislation” for states.

Colorado is a good example of a state where a SB 1070-like bill stands no chance of passing. State Senator-elect Ken Lambert (R) said he would introduce a bill into the legislature next session. “I don’t care if it is litigated,” he said. “It is clearly something the people want. The will of the people has been ignored by Democrats for too long.” However, the Democratic governor-elect, John Hickenlooper, opposes the measure; incidentally, he defeated Tom Tancredo — who gained a national profile for his vehement opposition to illegal immigration — in the general election.

Litigation gives pause

Another problem for a state passing a SB 1070 bill is litigation. Arizona has spent over $1 million defending its law in court only as of July. The Obama administration won an injunction against most of the SB 1070 law, except for the employer provisions, and Supreme Court arguments in November made it likely that the injunction would be sustained. Donations have poured in to the Arizona legal expense fund, but legal action still gives some lawmakers pause. Ohio Republican legislators had planned to file an SB 1070 bill in the legislature, but retooled parts of it because they would be a “waste of taxpayer money,” according to the legislator who filed the bill.

Even in Biddle’s Texas, Gov. Rick Perry, who sympathized with Arizona’s immigration law in his book Fed Up, said immediately after SB 1070 passed that he had “concerns” with portions of the law and said it “would not be the right direction for Texas.”

If states don’t take up SB 1070-like bills, in-state tuition — or even admission to public universities — for illegal immigrants is likely to be a big issue, especially after the failure of the DREAM Act during the recent lame-duck session of the U.S. Congress.

But if the DREAM Act — allowing a path to citizenship for children brought to the U.S. illegally with their parents after completing two years of college or military service — cannot pass, it remains highly unlikely that Congress will pass any immigration reform in the near future. Which means many Republican-controlled states, unburdened by divided government, may fill in the gap.

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States with SB 1070-like legislation in the works: (PDF)

Most likely to pass: Georgia, Mississippi, Oklahoma, South Carolina
Maybe: Arkansas, Colorado, Florida, Idaho, Indiana, Kansas, Minnesota, Missouri, Nebraska, Pennsylvania, Tennessee, Texas, Utah, Virginia
Less Likely: Maryland, Massachusetts, Michigan, Nevada, North Carolina, Ohio, Rhode Island



Comments

Maya 12.28.10

Anywhere else in the world, millions of foreign nationals illegally invading a sovereign country is an act of war! A small number of treasonous politicians are betraying the American people. Americans must demand our laws be enforced and our borders secured. We can end illegal immigration forever if we hold our politicians accountable.

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Diane R. 12.28.10

I am so tired of reading reports of how much immigrnts tax the sytem. it is a complete fabrication.
My husband is the Principal of an Elementary chool in Palm Beach County where 80% of the students are the children of Migrant workers. in fact the only place that they feel safe is within the school system. These people pay taxes on every thing they buy and they do contribute to our economy. These adults also work about 14 hours a day for less then minimum wage and still ask if there is anything else thet can do.
They do not go to Hospitals because there are clinic’s run by mexican and Guatemalan Doctor’s who see to their health issue’s which are usually few. These hard working people rarely ever become ill. They would never go to a hospital because they don’t have Social Security numbers. They do not collect food stamps or collect any other form of welfare for the same reason. In fact they don’t even have bank accounts and are often robbed of all of tthe money they have worked so hard for that week.

They are also the best behaved of all of the students in the school. They have lovely manners, sit with their hands clasped on the desks.

When employers have ever tried to hire Americans to do the work that thes hard working people do they first ask these questions.
1. How much is the pay?
2. Do I get sick days, vacation days, Holiday pay?
3. Do I get paid time and a half for over time?
If they do except the job, they never stay for more then a month.

When a migrant worker applies for a job he askes

How much work can you give me?

Maya, My ancestors came to this country in the late 1600′s. Along with amny other’s who followed in their foot steps from other countries around the world. This has been the basis for the strong country that we had become. These people wouldn’t be here illegally if American businesses hadn’t brought them here and were permitted to register. That has been denied to them. If they were registered they would have to receive minimum wages.
What’s amazes me that in South Florida the people who seem to be the most outspoken against immigration are the Cuban’s. I guess they have forgotten that just as many Americans at the time didn’t want them coming here either. In fact the first to bring the migrant workers into the country through the Catholic Church as to not get their hands dirty was a Cuban family who are the largest growers of sugar in South Florida.

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Casca 12.28.10

States should not morph into a Liberal so-called progressive state like California. Readers should do their research and they will find a study conducted by Los Angeles County Supervisor Michael D. Antonovich in 2008. The total cost of illegal immigration to Los Angeles County taxpayers in one year alone exceeded $1 billion. Approximately $200 million is spent on public safety, $400 million for medical care and $450 million to welfare and food stamps. THAT’S JUST IN ONE CITY?

California–The ultra Sanctuary City and a State overrun by the illegal immigration major issues. Sacramento crammed with Ultra Liberal extremists that are destroying the once great state, by catering and subsidizing the unceasing invasion. Mind, this not the only recognized city that is stealing money from legal residents, to pander to millions of illegal aliens. This would be exposed if Senator Harry Reid had not tabled a mandatory E-Verify program, to reveal the illegal nationals working all around the nation? It is my suggestion that their was some ominous goings on during the voting for Sen. Reid, seeing that Nevada is also crowded with illegal immigrants. I Know? Can’t vote? Your out of step, if you think that laws stop illegal aliens from voting; specifically absentee ballots? Public assistance is inundated with instant citizenship babies, that the parents exploit by accessing the welfare and public services. The schools are the domains of non-speaking alien children, which have literary taken percentage-wise over the education through K-12 in California. Most Americans don’t logically realize that without the infiltration of these economic people, much of our slipping economy would be saved.

THE 1986 SIMPSON-MAZZOLI BILL WAS A TRAVESTY OF IMMIGRATION REFORM. IT WAS ONE HUGE FRAUDULENT ESCAPADE PLAYED ON THE US TAXPAYER. OVER THE YEARS THIS ORIGINAL AMNESTY BECAME A SEVERE ATTRACTION FOR ECONOMIC ILLEGAL MIGRANTS TO SETTLE HERE, WITH COSTS THAT CANNOT EVEN BE CONCEIVED TO THE TAXPAYER. The Heritage Foundation recently released a account that analyzes what low-skilled households cost the U.S. taxpayer. For every dollar they pay in taxes they get three dollars in benefits. The drain on the U.S. economy will be unsustainable in future years if this complete indifference to taxpayers continues?

The health care system is falling apart because of the constant stream of people without insurance are using the system. Without fear of contradiction-the Lib and Democratic militants, will find a way to usher the millions of illegal aliens into Obamacare? There are some essential provisions in the law, that doesn’t give the abhorrent insurance companies the legal right to reject patients with pre-existing conditions, but much of the other legislation must be repealed. Like most far left wing agendas, their is a dribble of Republicans have endeavored to push through Congress an incessant flow of foreign minimum wage workers and their families. The Dream act if it passed would afterwards allowed the legitimized applicants to eventually bring in family through chain migration laws, causing even more disruption in the welfare system. Chain Migration is full of fraudulent financial bonds by the sponsor, which finally doesn’t pay for the support of his older family members.

The tide has finally turning and the TEA PARTY ADVOCATES, will be watching intently the Republican move to altering the laws involved. In border state of Arizona is exemplary fighting for the defense and protection of it legal citizens and permanent residents, only to find itself demonized by the Liberal progressives. Some border regions of US sovereignty land, Americans are prohibited to go, as drug smugglers are using it as a refuge with hardly any policing enforcement. Our country has been tormented and subject to billions of dollars annually in entitlement payments, for anybody who can slip past the border or overstay their visa with no real penalty. All patriots should demand that entry into our country is a felony, not a civil offense? Police forces throughout this country are everyday confronted by criminals from other countries committing a wide spectrum of heinous crimes.

Several decades of administrations that seem nonobligatory to the American people, but pander to the invasion plans of illegal aliens. Years of government failure to build a real barrier, similar to the strong Israeli wall that keeps out unwelcome people. Eventually the Middle Eastern Jihadists will commit a massacre somewhere across this country, assisted with criminal drug gangs from across our porous border. We need the military along the length of the national border fully armed. The Tea Party will exact their own harsh penalty on any politician who authors any form of Amnesty, including those they voted into office. Americans of all walks of life, religion or race should entertain joining a local Tea PARTY.

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borderraven 12.29.10

Diane R., must be an employer who likes to exploit workers, because it is the law, to pay a fair wage for skilled labor, grant get sick days, vacation days, and Holiday pay, and to pay time and a half for over time.

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borderraven 12.29.10

Deport all illegal aliens, regardless of criminal records or anchor babies.
If all we ever deport, say to Mexico, are the criminals and violent offenders, then it does harm to Mexico, and that does not serve in the best interests of the US homeland security. However, if we deport people who are educated, skilled, politically motivated, law-abiding, and who can invest in Mexico, their knowledge of Liberty, and national pride of Mexico, fight crime, etc., then we serve the good of Mexico, and secure the US Homeland.

I’m not willing to hold enforcement and deportations hostage over completion of the border fence, I want Comprehensive Immigration Enforcement to proceed simultaneously on all fronts.

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    susan 05.29.12

    Did they enjoy the assignment? I awlays loved map making. I had a geography teacher in 8th grade who was a real taskmaster in map making. Everyone hated him because he was so mean . Of course I didn’t mind. I drew maps and plans when there was nothing else to do on rainy days. And look what happened to me!

    Reply
      Dominik 12.24.12

      Gnome, you can barely see it, but there’s a ltltie blue wheelchair marking the disability parking space to the right of the school. And, like my real parking space, it’s not really near the door to the school. I love my kids!

      Reply
Many states may see tough, new immigration laws – Seattle Times | Conservatives for America 12.30.10

[...] among dozens of state legislators who are …States could follow Arizona on immigrationUSA TodayMany states look to Arizona's SB 1070 as a model for new immigration legislationThe American Independentall 56 news [...]

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Antifa 01.06.11

I’d put Florida in the less-likely column….a SB1070-type bill would alienate Cuban Republicans…Scott barely talked about immigration in the last month of the campaign.

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sidney 01.08.11

I just read Diane R. comments and must say that it is unreal. If her husband is principal of a school, why doesn’t he school her because she desperately needs it. She says that it’s a fabrication that immigrants tax the system. where does she spend her time, in the closet. Illegal immigrants cost taxpayers millions and millions of dollars yearly in many ways,jobs,services,medical care,education. Mr. R, I feel for you she must be totally embarrasing to you.

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    Marianna 05.28.12

    Immigration attorneys pivdroe counsel, legal assistance and representation to individuals who are faced with an issue related to processing of their documentation related to immigration. They also represent individuals in court who are facing deportation or when challenging a decision made by an immigration judge.They are also available for consultation related to immigration law and rules and how the changes to these laws and rules may affect their clients.Immigration attorneys also develop public policy related to immigration and are responsible for interpreting international law and how these law may affect policy under development.Hope this helps.

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bob 01.31.11

i think that illegal immigrants are costing Americans jobs every day. im for getting them put back into mexico. i think obama can really head the right way if he would just get rid of an enormous amount of these illegals, i get deeper and deeper in debt every day without a good job to rely on. plus what illegal families are doing inside our hospitals is completely devastating, way to go sb 1070 law. i like it alot.

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