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State and local efforts to regulate immigration may 13 2011 UNIBE
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State and local efforts to regulate immigration may 13 2011 UNIBE

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    • 1.
    • 2. State and Local efforts to regulate immigrationA case study of Nebraska
      David P. Weber
      May 13, 2011
    • 3. Nebraska
      1,390 Miles/ 2,235 Km
      480 Miles/ 770 Km
      NEBRASKA
      1,260 Miles/ 2,025 Km
      1,005 Miles/ 1,620 Km
    • 4. Nebraska
    • 5. Nebraska
    • 6. Nebraska
    • 7. Federal v. State Issue
      United States Constitution:
      Article 1, Section 8, Clause 4, vests exclusive power over naturalization matters to the federal government.
      The U.S. Supreme Court has recognized that "the authority to control immigration...is vested solely in the federal government." Truax v. Raich, 239 U.S. 33, 42 (1915).
    • 8. 2010 Immigration Bills
      In the first half of 2010, every state in regular session considered laws relating to immigrants or immigration.
      Approximately 1,400 bills introduced
      Approximately 315 laws enacted (20% increase over previous year)
      2011 shows no signs of decline.
      National Conference of State Legislators
    • 9. Nebraska’s Proposed Immigration Laws
      LB 48 – Criminalization of Undocumented Immigration
      LR 28 – Secure Communities Program
      LR 569 – Expansion of E-Verify
      LB 599 – Prenatal Care Coverage
      LB 657 – Repeal In-state Resident Tuition
      LB 215 – Driver’s License
      LB 172 – Eliminate Latino-American Commission
    • 10. Arizona SB 1070 Copycats
      • Nebraska’s Version LB 48:
      • 11. Allows racial profiling (to the extent permissible under the law)
      • 12. Prohibits anything other than full enforcement of federal immigration laws
      • 13. Immigration determination required of anyone lawfully stopped when “reasonable suspicion” of unlawful presence exists
      • 14. Criminalizes (state level) failure to register
      • 15. Criminalizes (state level) failure to carry documents
    • Arizona SB 1070 Copycats
      • Nebraska’s Version LB 48 (Continued):
      • 16. Evidentiary Rules Modified (no foundation or testimony from custodian of records required)
      • 17. Criminalizes (state level) working
      • 18. Criminalizes (state level) harboring and transportation
      • 19. Criminalizes (state level) recruitment to Nebraska by anyone
    • A City’s Response
      Fremont’s Ordinance:
      Harboring Illegal Aliens prohibited
      Restricts rental of anyresidential unit
      Requires any occupant over 18 to obtain an occupancy license from the Fremont Police Department
      Each occupant must obtain one
      Also requires disclosure of full name and date of birth of each minor dependent residing with the occupant
      Sworn statement that individual is a United States citizen; or an identification number that establishes the alien’s lawful presence in the United States
      Information may be shared with other government
      Failure to comply results in fines and loss of business license
      E-Verify Mandated
      Prohibitions on Hiring
    • 20. Overarching Themes
      • Attrition Through Enforcement
      • 21. Employment
      • 22. Law & Order v. Humanist
      • 23. Race
      • 24. Culture/Language
    • Legal Aspects
    • Questions/Conclusions
      • When should a political subdivision enact legislation relating to immigration?
      • 30. Is there a principled distinction available?
      • 31. Understanding the motivations behind local legislation is of paramount importance
      • 32. Developing a framework that allows for local regulation may be necessary
    • Questions/Discussions
      • Questions?