From Deseret News archives:

States taking on illegals legislation

Without federal solutions, many passing own bills

Published: Sunday, April 27, 2008 1:16 a.m. MDT
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States' appetites for legislation dealing with immigration remain high, according to a report released Thursday by the National Conference of State Legislatures.

At least 1,106 bills were considered in 44 states, including Utah, so far this year, as of March 31, the report says. Twenty-six of those states have enacted 44 laws and adopted 38 resolutions or memorials.

That compares to 1,169 bills introduced nationwide as of mid-April last year, the report says.

"It is on par with the development last year," said Dirk Hegen, policy associate for NCSL. "Last year was unprecedented in terms of legislative activity in the states."

Overall, there were more than 1,500 bills dealing with immigration introduced nationwide in 2007, he said. That compares to 570 in 2006.

"State legislatures are responding to the concerns of their constituents," Hegen said. "In the absence of a federal solution dealing with the immigration issue in a comprehensive way, the states are really filling a void."

Utah is one of 21 high activity states in which more than 21 bills dealing with immigration were introduced, the report says.

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The bill that got the most attention was SB81, a comprehensive measure aimed at keeping undocumented immigrants from getting jobs or public benefits. That bill passed, but the effective date was delayed until July, 2009, to give time to study its impacts.

Sen. Scott Jenkins, R-Plain City, co-chairs the task force and said it's critical to look at what other states are doing, particularly given that some other states with comprehensive bills are facing federal lawsuits. He said the task force wants representatives of NCSL to attend its first meeting, scheduled for May 22.

"We want to make sure we don't end up in federal court," Jenkins said.

Hegen points out that while the attention often focuses on getting tough, many states — including Utah — are looking at the issue from a variety of angles.

For example, while Utah passed SB81, it also passed HB336, which creates a state Refugee Services Fund to help refugees. And Utah passed a law creating state penalties for human trafficking.

Another state that passed human trafficking penalties was New Mexico. That state also set up a task force and provided funding for victims services, according to the report.

In Virginia, a new law cancels the voter registration of those who are reported to be noncitizens by that state's Department of Motor Vehicles, unless they respond to notifications.

And Mississippi passed a phased-in law that employers use a federal Internet system to check the work eligibility of new hires, the report says. Washington, meanwhile, passed a law aimed at closing achievement gaps for several categories of students, including transitional bilingual.

"It's not only about enforcement," Hegen said. "Enforcement is is highly important and states will be active in that, but also on the integration side and immigration and refugee services."


E-mail: dbulkeley@desnews.com

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