State and municipal immigration regulations are problematic for documented and undocumented immigrants and U.S. citizens, and raise preemption challenges because they can conflict with existing national immigration laws. Although these state and municipal regulations have the potential to benefit immigrant communities, more recently they have been used as tools to disempower documented and undocumented immigrants and, to an extent, U.S. citizens. This paper will look at the legislative conflicts inherent in these regulations as well as their impact on individuals, and businesses.
After months of demonstrations and heated debates on congressional immigration reform, the Comprehensive Immigration Reform Act of 2006 died because it failed to pass the conference committee. Its death marked the birth of a number of state and municipal laws and ordinances designed to do "something" about the "immigration problem." After Congress's failed attempt to pass a comprehensive immigration reform law, local bills were passed to "get tough" on immigration and to send a message to the federal government that something needed to be done and something would be done. Unfortunately, that "something" took the form of 570 proposed pieces of legislation concerning immigrants, at least 90 bills and resolutions passed, and 84 bills signed into law in 32 states in 2006 alone. 1 In 2007, the number of state laws enacted tripled that of 2006, 240 laws compared to 84 laws. 2 Additionally, in 2007, 1,562 immigration bills were introduced and 46 states enacted local immigration laws. 3 These laws address legal and unauthorized immigration in the context of identification/licenses, employment, education, voting, housing, language and public benefits. 4
Despite the proliferation of negative ordinances, not all of the ordinances and state laws are unconstructive. In June 2007, the city council of New Haven, Connecticut passed an ordinance which would allow all