- Making it a misdemeanor for illegal immigrants to apply for or perform work;
- Making it a violation for people to conceal, harbor or transport illegal immigrants;
- Allowing U.S. citizens and legal immigrants to bring a civil suit against employers if they lose a job to an illegal immigrant
- Barring courts from enforcing contracts with illegal immigrants
- Requiring public schools to determine the legal status of a student upon enrollment and to report it to the state board of education; and
- Making it a felony for illegal immigrant to enter into a “business transaction” with the government, including driver’s licenses or business licenses.
Provisions of the law that are currently still enacted include:
- Authorizing police officers to attempt to determine the immigration status of a person during a lawful stop and detain or arrest a person if they are suspected to be an illegal immigrant; and
- Requiring law enforcement to check the immigration status of persons who are arrested for driving without a license.
Georgia
Georgia’s HB87 was signed in May 2011 and includes provisions regarding employment, law enforcement and public benefits.
Portions of Georgia’s immigration laws currently enjoined include:
- Prohibiting citizens from transporting, harboring or concealing an illegal immigrant; and
- Authorizing authorities to check the immigration status of an individual if the officer has probable cause.
Other provisions in the state’s bill that are enacted include:
- Stricter provisions for employers, prohibiting the hiring of illegal immigrants and requiring public employers to verify that all contractors use E-Verify; and
- Requiring applicants of public benefits to provide documentation confirming their lawful presence in the U.S. (provision comes into effect on July 1, 2012).
Indiana
Indiana’s immigration bill, signed in May 2011, addresses several elements including: law enforcement, E-Verify, public benefits and authorizing studies related to immigration.
Later that year, a District Court judge blocked two parts of the state’s law including:
- Authorizing authorities to arrest people on suspicion of their legal status in the country; and
- Prohibiting the use of identification cards issued by foreign consulates as valid proof of ID.
Other sections of the state’s legislation that are still enacted include:
- Penalties for employers who knowingly hire illegal immigrants
- Requiring state and public employers to use E-Verify for contractors
- Requiring state and local agencies to verify legal status of those receiving public benefits; and
- Requiring the office of management and budget to calculate the cost of illegal immigrants in the state and request reimbursement from the federal government.
South Carolina
South Carolina’s S20 was signed into law in June 2011. It was later challenged in a lawsuit by several federal agencies, including the Justice Department.
Current provisions that have been enjoined due to the lawsuit include:
- Prohibiting the transportation or harboring of illegal immigrants
- Making it a violation for immigrants who fail to carry their registration documents; and
- Requiring authorities to determine the legal status of a person if there is reasonable suspicion they are an illegal immigrant.
Portions of the legislation that are still currently enacted include:
- Restricting employers from knowingly hiring an illegal immigrant and requiring all public contractors to use E-Verify; and
- Prohibiting illegal immigrants from receiving state or local benefits, except in the case of emergencies.
Utah
Utah is the first state to pass a comprehensive package addressing immigration reform, the foundation of which starts with the “Utah Compact.” Several elements of the law are addressed in Utah including: enforcement, immigrant integration, employment, a temporary visa program, identification, human trafficking and more. The comprehensive law was enacted in March 2011.
The bill requiring authorities to verify the immigration status of a person who has been arrested has been blocked by a District Court judge since May 2011. Later in November, the Justice Department filed a complaint against the same law.
Other bills that had been enacted include:
- H116: Establishes a temporary guest worker program; prohibits private employers from knowingly hiring an illegal immigrant; authorizes the Attorney General to combat crimes associated with illegal immigration and human trafficking and makes it a violation for individuals who do not carry valid proof of identification.
- H466: Creates an advisory Utah Commission on Immigration and Migration to review the economic, legal, cultural and educational effects stemming from illegal immigration
- H469: Creates the Pilot Sponsored Resident Immigration Program Act, allowing resident lawful immigrants to reside and work in the state
Get the latest news and analysis delivered to your inbox. Sign up for National Journal's morning alert, Wake-Up Call, and afternoon newsletter, The Edge. Subscribe here.
Leave A Comment