Secure Communities

Congress established the Secure Communities program in the FY2008 appropriations for the U.S. Department of Homeland Security (DHS) to improve and modernize the identification and removal of criminal unauthorized immigrants from the United States.  The program expands access for state and local law enforcement to the US-VISIT and IDENT databases, and adds biometric fingerprints to the biographical information currently used to identify immigration status. Secure Communities links local and county jails to Immigration and Customs Enforcement (ICE), DHS and Federal Bureau of Investigations (FBI) databases so the fingerprints of those who are booked are screened for citizenship status, past criminal violations and deportation orders.    More

2011 State Immigration-Related Laws

NCSL's year-end report on state immigration laws finds that state legislatures considered 1607 bills in all 50 states and Puerto Rico in 2011.  Forty-two states and Puerto Rico enacted 197 new laws and 109 new resolutions, for a total of 306. Dec. 7, 2011. More

State lawmakers and an immigration lawyer discuss immigration issues in the states. More

E-Verify

E-Verify is a federal program to help employers verify work authorization of new employees.  This FAQ explains E-Verify, state legislation, a recent GAO evaluation, and the May 26, 2011 Supreme Court ruling upholding Arizona's 2007 law.  Revised Nov. 4, 2011. More

 Immigration and State Laws: Interviews with the Experts

The session on “Testing the Constitution: State Immigration Laws and the Courts” featured Professor Peter Schuck, a constitutional scholar from Yale University, who described immigration federalism, the role of states, and areas of federal preemption. Texas State Senator Leticia Van de Putte, Arizona State Senator Rich Crandall, and Utah State Senator Curtis Bramble offered their perspectives on immigration within their states. More

Arizona and Immigration Law Enforcement

Arizona's SB1070 and HB 2162 added new state requirements, crimes and penalties relating to immigration law enforcement.  On July 28, 2010, the laws were partially enjoined and on April 11, 2011, the 9th U.S. Circuit Court upheld the injunction. A video of a session examining the laws and legal challenges at NCSL's Legislative Summit session is now available online. Updated July 28, 2011.  More 

 State Omnibus Immigration Laws and Lawsuits 

Since omnibus immigration enforcement laws were enacted in Arizona early in 2010 (and subsequently enjoined after a federal challenge), five additional states have enacted similar laws:  Alabama, Georgia, Indiana, South Carolina and Utah in 2011.  Lawsuits were filed in each state.  The U.S. Department of Justice filed a motion for injunction of Alabama's law, HB56, on August 1; on South Carolina's immigration law, S.20, on October 31; and of Utah's HB497 on November 22. On Dec. 12, the U.S. Supreme Court agreed to review Arizona v. U.S.  On Dec. 22, parts of South Carolina's law were enjoined.

Utah was the first state this year to address immigration reform in a comprehensive package.  The legislative debate was framed by the "Utah Compact,"  a set of five principles based on federal solutions, law enforcement, families, economy and free society. Updated Dec. 23, 2011  More