This Week in Immigration

Appeals Court Blocks Two More Provisions of Alabama’s Extreme Immigration Law

The U.S  Court of Appeals for the 11th Circuit temporarily enjoined two more controversial provisions of Alabama’s extreme immigration law (HB 56), adding to the list of  enjoined provisions. Yesterday, the 11th Circuit blocked Section 27, which bars Alabama courts from enforcing a contract with an unlawfully present person, and Section 30, which makes it a felony for an undocumented immigrant to enter into a “business contract” (including business licenses, mobile home registration and basic utilities, like water, gas, and electric services) with the state. The sections of Alabama’s law that remain in effect include the “papers please” provision, which requires law enforcement officers to determine the legal status of those when stopped or arrested whom they have reasonable suspicion to believe is in the U.S. without documents, as well as an E-Verify provision.

Why the Scott Gardner Act is Unconstitutional…and a Bad Idea
Immigration hardliners never hesitate to claim the mantle of “states’ rights” when defending laws like Arizona SB 1070. But those wanting local cops to double as federal immigration agents were conspicuously silent at a congressional hearing on Wednesday on the Scott Gardner Act, a bill that (among other things) would require police to run extra background checks on foreign nationals arrested for drunk driving. Instead, it was pro-immigrant members of Congress who had to remind the legislative sponsors that the Constitution prohibits the federal government from imposing unfunded mandates on states—all while explaining the many reasons why the bill would make bad policy.

Mother Jones Exposes Inner Workings of the Self-Deportation Movement
In its March/April issue, Mother Jones Magazine goes “inside the self-deportation movement,” exploring “164 state anti-immigration bills and the forces behind them.” The concept of “self deportation,” popularized by GOP presidential contender Mitt Romney, is central to the philosophy of “attrition through enforcement.” The basic idea is that, if you make life hard enough for unauthorized immigrants, they will pick up and leave of their own accord, which means the state will not have to hunt them down, detain them, and deport them.

Court Strikes Down Provision of Fremont’s Immigration Ordinance, Impact on Community Continues
A federal court’s recent decision to strike down the core of Fremont’s immigration enforcement ordinance (Ordinance No. 5165)—which requires businesses to verify employees’ immigration status and renters to apply for an occupancy license—is no surprise. Across the country, every immigration ordinance with a rental component has been found unconstitutional—but not before creating great cost, division, and a sense of loss in the local community. Although Fremont’s immigration measure has not yet gone into effect, its passage is having a devastating impact on the community.

Number of Potential Immigrant Voters on the Rise in Key Super Tuesday States

Three of the twelve states holding Republican primaries or caucuses on Super Tuesday—Georgia, Massachusetts and Virginia—show especially strong trends in the numbers of foreign-born residents who have become U.S. citizens. This trend is significant given that these new Americans are able to register and vote. Immigrant communities in each of these states are large, exceeding 800,000 persons, and make up almost 10% or more of the statewide population. In fact, these three states are home to 71% of all immigrants living in the Super Tuesday states. While we don’t yet know how many of these naturalized U.S. citizens will vote on Super Tuesday or in the general election, GOP presidential candidates—many of whom have taken a hard line on immigration—would do well to take note of this trend.

This Week in Council Publications:

Pew Analysis Highlights Immigrant Integration and Economic Contributions (IPC Fact Check, March 7, 2012)

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