Trend in State Immigration Laws in US

Filed in archive Americas on July 20, 2007

The failure of the United States federal government to enact comprehensive immigration reform has led a number of states to enact their own local immigration laws. The result is a maze of sometimes conflicting rules in different states that can only make it harder for American business nationwide.

Arizona is a good example of the problem. The new Arizona state immigration law is scheduled to go into effect on January 1, 2008. The Arizona law duplicates US federal law in that penalizes employers who knowingly hire individuals unauthorized for such employment and requires employers to verify the employment eligibility of employees. By make this also a state law, however, this empowers state law enforcement officials to take action without waiting for the Immigration and Customs Enforcement agency or the department of labor, the two federal agencies charged with oversight on the federal law.

The Arizona law goes even further than federal law, however. For example, employers will be required to verify the employment eligibility of employees using the federal database maintained by ICE, which has often been criticized by employers who already use it as part of the voluntary ICE pilot program. Further, violations of the state immigration law can lead to suspension or revocation of state business licenses.

See Arizona immigration law frustrates some business owners, Associated Press, July 19, 2007, for more information.