State lawmakers across the U.S. have been ramping up efforts to pass stricter immigration laws in recent years, particularly since the Biden administration took office. A report released by the League of United Latin American Citizens (LULAC), the largest Latino civil rights organization in the country, revealed a significant increase in the number of proposed anti-immigrant laws at the state level.
According to the report, state lawmakers have introduced 233 laws that are deemed to be anti-immigrant by LULAC. This number marks a sharp rise from previous years, with 132 laws proposed in 2023, 64 in 2022, 81 in 2021, and 51 in 2020. These proposed laws encompass a range of measures, from criminalizing unauthorized entry into the U.S. to cracking down on the hiring of undocumented workers. Additionally, some of these laws aim to address concerns about noncitizen voting attempts, despite studies showing that such occurrences are rare.
The report highlights the growing trend of Republican state officials challenging the federal government’s authority to set immigration and border policies. In fact, 97% of the immigration measures proposed in state legislatures since 2020 have been sponsored by Republican lawmakers. Texas has been at the forefront of this movement, with 91 proposals aimed at enacting stricter immigration laws over the past four years.
While many of these proposed laws have not been passed and enacted, several states with Republican-led legislatures have succeeded in implementing them. For example, late last year, Texas passed a controversial law known as SB4, which empowered state officials to arrest, jail, and prosecute migrants suspected of entering the U.S. unlawfully. The law also allowed state judges to order violators to return to Mexico instead of facing prosecution. However, a federal judge ruled against the law at the request of the Biden administration, and it remains blocked pending Texas’ appeal.
Following Texas’ lead, states like Iowa, Louisiana, Kansas, and Oklahoma have enacted similar immigration laws that have faced legal challenges from the Justice Department. In November, Arizona voters will decide whether to make it a state crime for migrants to cross from Mexico outside of legal entry points, a ballot measure proposed by state Republican lawmakers.
In Florida, Governor Ron DeSantis signed one of the toughest state immigration laws in modern history last year. The law increased penalties for employers hiring unauthorized workers, invalidated driver’s licenses issued by other states to undocumented immigrants, and created new crimes related to transporting individuals without legal immigration status into Florida.
Republican state leaders have justified their push for stricter immigration laws by pointing to record levels of illegal crossings at the U.S. southern border in recent years. They have criticized President Biden’s policies as too lenient and have emphasized the need for states to take a more active role in shaping immigration policy.
However, organizations like LULAC have condemned these state measures as divisive and potentially discriminatory against Latinos, as many undocumented immigrants in the U.S. come from Latin America. LULAC’s CEO, Juan Proaño, stressed the importance of bipartisan cooperation in Congress to address immigration issues comprehensively, rather than relying on state-level legislation.
LULAC itself has faced challenges, including a legal dispute with Texas Attorney General Ken Paxton. Paxton’s office conducted raids on the homes of several LULAC members, seizing their phones and laptops in connection with allegations of voter fraud. LULAC has called on the Justice Department to investigate Texas for potential civil rights violations.
Kathleen Joseph-Bush, an analyst at the Migration Policy Institute, highlighted the role of states in reshaping immigration policy through legal challenges against federal policies. She noted that states have successfully halted or delayed nationwide immigration policies through litigation, impacting hundreds of thousands of individuals. Joseph-Bush also pointed out the outdated nature of the U.S. immigration system, which has hindered efforts to address current challenges effectively.
In conclusion, the report underscores the growing influence of state lawmakers in shaping immigration policies and the contentious nature of the debate surrounding immigration in the U.S. As states continue to assert their authority in this area, the need for comprehensive immigration reform at the federal level remains a pressing issue.
