Impact of Individual State Laws Regarding Undocumented Immigrants

By Caitlin Barbas

As the battle over immigration and President Obama’s executive action continues, states are increasingly forced to choose sides. States supporting the Obama administration’s stance have taken action, both before and after the executive order, to assist the integration of undocumented immigrants into their respective societies. States in opposition, however, have retained their policies or enacted newer, increasingly strict policies. The differing laws of states throughout the nation hinder the ability of the federal government to create an effective system to confront the politically-dividing issue.

President Obama’s executive action provides undocumented parents of American citizens work permits and deportation deferrals, while also expanding the DREAMers program.[1] The President’s action, however, has faced a pushback from multiple states. In February 2015, federal Judge Andrew Hanen, issued a temporary court order to halt the implementation of the executive action.[2] The Justice Department responded with an appeal of Hanon’s court order, bringing the case to the 5^th U.S. Circuit Court for Appeals in New Orleans.[3]

This legal battle has left individual states with differing policies regarding undocumented immigrants. These discrepancies can be seen in measures such as obtaining drivers’ licenses, attending college, and obtaining work visas. A recent New York Times article highlights the differences in integration of the undocumented populations in Washington and Texas. These two states, have remained at the forefront of the fight over the implementation of executive action. Washington leads a coalition of 14 states plus the District of Columbia, which support the Obama Administration. Since the 1990’s, undocumented immigrants in Washington have been allowed to obtain drivers’ licenses and undocumented students have been able to attend college at state resident tuition rates since 2003.[4]  Texas, one of the leaders of the 26 states against the executive action, requires a social security number to obtain a license.[5]

California, both legally and socially, has experienced a significant increase in public support for integration of undocumented immigrants. In a poll released in March 2015 by the Public Policy Institute of California, California voters favored providing a pathway to citizenship for illegal immigrants when the immigrants met requirements, such as paying back-taxes, passing criminal background checks, and learning English.[6]

The contrasting laws of state legislatures have left the immigration policies of the United States in disarray. President Obama’s executive action, due to implementation delays, has exaggerated these differences. Referencing these divisions, Kamala D. Harris, the Attorney General of California, stated, “We acknowledge in California what we have to acknowledge as a country… they’re here and we’re not going to deport them. Let’s figure out how to transition them in and get them to the point of assimilating.”[7] As can be seen through the stark differences between states supporting the executive actions and those who oppose it, the legal battles over the implementation of the executive action immigration plan has resulted in the inability of the United States government to create an efficient and functioning immigration system.

[1] Preston, J. (2015, March 29). States Are Divided by the Lines They Draw on Immigration. In The New York Times. Retrieved March 30, 2015, from http://www.nytimes.com/2015/03/30/us/politics/states-are-divided-by-the-lines-they-draw-on-immigration.html?ref=us
[2] Mason, J., & Cowan, R. (2015, February 17). U.S. delays Obama’s immigration steps after judge's rebuke. In Reuters. Retrieved March 23, 2015, from http://www.reuters.com/article/2015/02/17/us-usa-immigration-idUSKBN0LL0AT20150217
[3] Ibid.
[4] Preston, J. (2015, March 29). States Are Divided by the Lines They Draw on Immigration. In The New York Times. Retrieved March 30, 2015.
[5] Ibid.
[6] Skelton, G. (2015, March 25). Attitudes shift on illegal immigration, but unity eludes other issues. In The Los Angeles Times. Retrieved March 25, 2015, from http://www.latimes.com/local/politics/la-me-cap-california-poll-20150326-column.html
[7] Preston, J. (2015, March 29). States Are Divided by the Lines They Draw on Immigration. In The New York Times. Retrieved March 30, 2015, from http://www.nytimes.com/2015/03/30/us/politics/states-are-divided-by-the-lines-they-draw-on-immigration.html?ref=us