Republican-led states are following the White House’s lead on immigration enforcement, while Democratic-led states are seeking to rein in the federal government.
Congress questions immigration officials about enforcement tactics
Immigration officials are facing questions in Congress over enforcement efforts and the shooting deaths of two Americans in Minneapolis.
State lawmakers across the country are stepping up efforts to support or block the Trump administration’s mass deportation efforts, pushing deeper into policy areas long the preserve of the federal government.
Although immigration enforcement is a federal power, there are many opportunities for states to smooth the path or remove obstacles, especially when it comes to “sanctuary” jurisdictions.
Lawmakers across the political spectrum said the spotlight on President Donald Trump’s immigration issues and executions by Immigration and Customs Enforcement agents is creating a larger push for action at the state level.
In Republican-led states, White House officials are working with legislative leaders to target sanctuary jurisdictions where local police don’t cooperate with immigration officials.
It also calls on the state Legislature to expand the 287(g) program, which allows local police departments to take on limited immigration enforcement powers, and to require local sheriffs to detain suspected illegal immigrants until immigration enforcement officers retrieve them from jails.
Republican states like Florida and Texas have long had large 287(g) programs, and because of their proximity to Mexico and the Gulf Coast, both states have long worked with the federal government on immigration issues.
But now a growing number of other non-border states, many led by Democrats, are pushing plans to ban ICE agents from wearing anonymous masks, allow residents to sue agents in state court for civil rights violations, and further limit cooperation from local police and sheriffs.
Here are some of the proposals being considered as the state Legislature begins its session.
Republican states work with White House
In Tennessee, Republican leaders are working with the White House on a series of bills aimed at cutting state spending on illegal aliens, including creating an immigration screening system for public school children. Under federal law, all children in the United States are entitled to a free public education, and immigrant rights groups argue that citizenship-tracking efforts could scare immigrant children into staying home.
The plan would also allow state and local police to detain truck drivers who cannot quickly prove their legal status and stop administering driver’s license tests in languages other than English.
Tennessee House leaders said they consulted with White House deputy chief of staff Stephen Miller about how to make the proposal most effective.
“It’s about making sure the people who are here legally can access what they need to access, and making sure that people who are here illegally aren’t disadvantaged by coming in and doing illegal things,” House Speaker Cameron Sexton said.
For example, public housing is in limited supply in the United States and should be reserved for people who are in the country legally, Sexton said.
“We have homeless people on the streets now coming here legally,” he said. “Can you answer how many undocumented people are in public housing in our state? Do we need to know that number? Because that’s the housing that could be an opportunity for them, for undocumented immigrants.”
In Iowa, the Legislature is considering a Republican-backed bill that would require increased cooperation between local law enforcement and federal immigration officials and require a state driver’s license to display the holder’s citizenship.
Gov. Kim Reynolds has also laid out a plan to make it harder for judges in criminal cases to set bail and release undocumented immigrants, potentially keeping them incarcerated no matter how serious their criminal charges are.
Democratic states push back against more aggressive immigration enforcement
In California, Democrats are proposing a bill that would ban immigration officials from using state property, make it easier for people to sue federal immigration officials, and block rental car companies from renting vehicles to Immigration and Customs Enforcement officials.
In Oregon, Democratic lawmakers are considering a plan to withhold state aid and contracts with private companies that support ICE, making it clear that the state would withhold tax payments to the federal government if the White House blocks federal funding to the state because it doesn’t meet President Trump’s demands.
In Colorado, Democrats who control the state Capitol are considering a number of bills that would limit the work of ICE agents, including further limits on information sharing between state and local governments and a ban on enforcement in sensitive locations such as hospitals.
“What I’m hearing is that people want us to do everything we can to strongly oppose this agency and this administration,” said state Rep. Yara Zokhaie (D-Colo.), a first-generation Iranian-American.
Zokaie is drafting a bill that would prohibit ICE officers from serving as local or state police officers.
He said the White House is consulting with Democratic lawmakers from other states to prepare model legislation in much the same way it has been working with Republicans.
In any other year, such sweeping changes wouldn’t likely pass state legislatures, but people are outraged by what they see as overreach by President Trump’s immigration enforcement officials, she said.
“States have tremendous power to challenge the federal government and protect their constituents from the federal government,” Zokaie said. “And the reason Trump is threatening to retaliate against us is because we have that power.”
Contributor: Vivian Jones, USA TODAY Network
