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109th congress mandating local law enforcement enforce immigration

B criminalizes failure to carry proof of alien registration and unauthorized employment, requires police to investigate the immigration status of any person whom they lawfully stop, detain or arrest if there is reasonable suspicion that the person is unlawfully present in the United States, and permits warrantless arrests of persons suspected of 7 Gary R. Herbert Immigration Roundtable Remarks, UTAH GOVERNOR GARY R. article= Hazleton, Pa, Illegal Immigration Relief Ordinance 2(D) (July 13, 2006). Part III sets out the relevant provisions of Hazleton s ordinance, LAWA, and S. 2012] Arizonification 93 issued driver s licenses to undocumented immigrants before September 11, 35 but most implemented immigration status-based requirements after the attacks. Johnson, Public Benefits and Immigration: The Intersection of Immigration Status, Ethnicity, Gender, and Class, 42 UCLA L. 58 Second, the law increased appropriations for border security and implemented other enforcement measures. B Part IV describes the legal challenges against each law and its outcomes. 36 Presumably, the impetus was the fact that several hijackers of the September 11 attack had obtained state identification cards using fraudulent means. 59 Third, it established a system for verifying employment authorization and opened the door for the creation of what would eventually become today s E-Verify, an online system for verifying employment authorization. With states and municipalities often bearing the fiscal and social consequences of illegal immigration, the motivation to send a message to the federal government is strong. 803 (112th Cong.), as stating that [w]hile our border with Mexico has always seen some level of illegal immigration, it has not seen the powerful threat of deadly violence that exists today as a result of Mexico s ongoing war against its drug cartels.... Immigration Policy, May 26, 2011, available at (quoting North Carolina Democratic Representative Heath Shuler, sponsor of H. COM (July 18, 2008), (interview with Mark Krikorian, Executive Director of the Center for Immigration Studies). 53 The Pew Hispanic Center conducted a study demonstrating that as immigrants form closer ties to the United States, the long-term trend... Print 2004) (stating that [t]he 1996 welfare reform law denies most Federal benefits, regardless of whether they are means tested, to illegal aliens. By 1992, however, the undocumented population was back to the pre-irca figure of 3.4 million. immigration law in 1996, most of them punitive and restrictive in nature. 65 IIRIRA implemented a number of restrictive reforms, including mandatory detention for certain criminal aliens, 66 a one-year deadline for filing an application for asylum, 67 a system of expedited removal, 68 and restrictions on judicial review of immigration court decisions.

The first one, the Legal Arizona Workers Act of 2007 (LAWA), penalizes employers who hire unauthorized immigrants and requires businesses to participate in the federal system for verifying employment authorization known as E-Verify. 2012] Arizonification 89 having committed a deportable offense. Supreme Court upheld the lower courts decision not to enjoin the enforcement of LAWA because the plaintiffs had failed to establish the state law was preempted by federal law. 33 Immigration Enforcement since IRCA, MIGRATION POL Y INST., 1 (2005), migrationpolicy.org/itfiaf/factsheet_ The Federation for American Immigration Reform claims that the U. immigration system imports poverty; 45 posits that high numbers of immigrants are failing to assimilate, thus exacerbat[ing] ethnic separatism and related problems; 46 and maintains a list of crimes committed by undocumented immigrants. Ambivalence over immigration is nowhere more apparent 52 Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. This Part discusses various federal attempts to curb unauthorized immigration, from the 1986 passage of the Immigration Reform and Control Act (IRCA), to recent failed attempts to enact comprehensive immigration reform. 56 According to the Committee, [t]he principal means of closing the back door, or curtailing future illegal immigration, is through employer sanctions.

Finally, Part V analyzes the potential impact of Whiting on the validity of the Hazleton Ordinance and S. 12 Alabama, Georgia, Indiana, Oklahoma, South Carolina, and Utah have all passed laws targeting undocumented immigrants. 112 (West); South Carolina Illegal Immigration and Reform Act, 2008 S. 37 Nevertheless, the new restrictions arguably had the most impact on the millions of unauthorized laborers and their families living in the United States. 60 Finally, IRCA provided for the legalization of undocumented immigrants who had been continuously unlawfully present in the United States since Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.

B The Article concludes that the decisions enjoining various provisions of those laws continue to be valid despite the Whiting decision and predicts that the Supreme Court will uphold the lower courts decisions on the Hazleton Ordinance and S. See Beason Hammon Alabama Taxpayer and Citizen Protection Act, 2011 Ala. 38 One impact of the federal ban on social security numbers and state bans on driver s licenses has been to push undocumented immigrants further out of mainstream U. society, a result that seems at odds with national security policy.

B (C): Criminalization of Working without Authorization S. SOURCES OF STATE AND LOCAL DISSATISFACTION WITH THE CURRENT STATUS OF IMMIGRATION LAW ENFORCEMENT A. 84 If the 2011 version of the DREAM Act had passed, it would have been available to a limited group of undocumented immigrants: those who are thirty-five years old or younger, initially entered the United States at the age of fifteen or younger, maintained continuous physical presence in the United States for five years prior to the enactment of the legislation, have demonstrated good moral character since entering the United States, have not committed certain disqualifying offenses, and have been admitted to an institution of higher learning in the 79 Id. 80 THE LIBRARY OF CONGRESS, Thomas, Bill Summary & Status: S. (2001), available at L&summ2=m&/home/Legislative Data.php? n=BSS;c=107 (indicating that last Congressional action was the placing of the bill on the Senate Legislative Calendar under General Orders ). Durbin (June 28, 2011) (noting that the 2001 DREAM Act was scheduled for a hearing on September 12, 2001, but canceled due to the terrorist attacks of September 11).

HOW WILL WHITING AFFECT STATE AND LOCAL INITIATIVES TO CONTROL IMMIGRATION? Hazleton Ordinance Hazleton Licensing Provision Hazleton Harboring Provision B. B : Failure to Carry Proof of Lawful Immigration Status S. 80 The DREAM Act has been introduced in various forms more than twenty times since Each time it has failed, most recently in The DREAM Act was introduced again in May 2011, 83 and for the first time, on June 28, 2011, a hearing was held on the bill.

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Whiting Challenge to LAWA Suspension and Revocation of Business Licenses Requirement that All Employers Use the E-Verify System IV. B (B): Determination of Immigration Status of Individuals Stopped, Detained or Arrested S. 74 Illegal Alien Resident Population, DEP T OF HOMELAND SEC., 1 (Oct. Lindsay Lowell & Roberto Suro, supra note Jeffery S. 78 Development, Relief, and Education for Alien Minors Act, S. 79 The bill had a bipartisan coalition of eighteen cosponsors but never came to the floor for a vote.

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